New Jersey's Megan's Law: Do Sex-Offender Registries Work as Intended?
The New Jersey Megan's Law states that the online state registry is necessary because convicted sex offenders, pedophiles and sex offenders with mental illness are at risk of reoffending. The law further declares that the registry will enhance public protection, keep citizens informed, and prevent and resolve "incidents involving sexual abuse and missing persons."
December 23, 2011
New Jersey's Megan's Law: Do Sex-Offender Registries Work as Intended?The term "Megan's Law" is usually understood to refer to legislation that establishes a publicly available sex-offender registry. The reference has its origin in the tragic 1994 sexual assault and murder of seven-year-old New Jersey resident Megan Kanka. Kanka was killed by a neighbor -- a twice-convicted sex offender who had already served his prison sentence.
Reportedly Megan's family did not even know its neighbor was a sex offender, so may not have understood the heightened danger he posed.
While federal and some states' sex-offender-registry laws were already in place before the crime against Megan Kanka, her brutal death caused national public outcry, and provided impetus for strengthening and expanding state and federal registry laws. Currently every U.S. state and the District of Columbia have them.
The New Jersey Megan's Law states that the online state registry is necessary because convicted sex offenders, pedophiles and sex offenders with mental illness are at risk of reoffending. The law further declares that the registry will enhance public protection, keep citizens informed, and prevent and resolve "incidents involving sexual abuse and missing persons."
The New Jersey law lays out in detail which offenders must register and failure to do so is a third-degree crime. The law also has specific requirements about when certain data must be updated or verified (like particular address, employment and school-enrollment information). Some offenders may apply to the state court to be excused from registration requirements if they have not committed crimes for 15 years and are not safety risks.
So almost 20 years after her death are the registries doing what they were supposed to do -- enhance public safety by preventing sex crimes, especially those against kids? The findings of an intense study by the New Jersey Department of Corrections suggest that the answer may be that the registries' ineffectiveness does not justify their costs.
With funding from the U.S. Department of Justice, the NJDOC conducted an extensive review of state data from before and after the registry's establishment to study its effect on sex-crime rates overall and on recidivism (reoffending) rates. It also looked at implementation and maintenance costs.
The NJDOC's December 2008 report contains some startling conclusions, finding that Megan's Law in New Jersey has no effect on:
-The period of time before offenders are rearrested
-The reoffending rate
-The type of sexual offenses committed
-The number of sex-crime victims
The report questions whether the growing costs ($3.9 million aggregate in New Jersey in 2007) are justified considering the "lack of demonstrated effect of Megan's Law on sexual offenses."
Megan's Law in New Jersey is complicated and although it is not supposed to be a form of punishment, in effect there may be many negative consequences for registered offenders. If you are required to register or face charges of a sex crime, consider seeking the advice of an experienced criminal defense attorney to protect your rights or explore whether there exists any alternative to having your name on the registry.
Article provided by The Law Office of Edward P. Busichio
Visit us at http://www.njcrimedefense.com