Questions raised over federal sex offender law – Part 2

During our last post, we briefly gave an overview of the Adam Walsh Child Protection and Safety Act and spoke about some consequences of the Sex Offender Registration and Notification Act (SORNA) portion of the federal law. The federal sex offender registry has raised questions about sex crime punishment and rehabilitation and has grown state registries and burdened law enforcement departments.

Critics of sex offender registries have long questioned their effectiveness and believe registries can destabilize sex offenders. Those who support registries argue they provide public safety benefits.

A public policy consultant for the Association for the Treatment of Sexual Abusers says registries generally create roadblocks to successful sex offender treatment, supervision and management. The consequence can be isolation and offenders who return to a community need a strong support network built on family, religious institutions and work opportunities. A registry available to the public creates a stigma that inhibits work opportunities, living among families and creating faith-based relationships. The end result is that an individual may reach an emotional place where they are likely to reoffend.

There is also a misconception about the purpose of sex offender registries. Many people believe registration notification programs are meant to reduce future offenses; they are not. Public registries are instead meant to primarily be a law enforcement tool and a tool to help the public protect themselves according to the director of Ohio’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. In addition, registries do not list everyone who is a threat since all future offenders are not known to police.

Though critics and supporters of registries disagree about rehabilitation and future offenses, both camps agree that registries are important to help monitor truly egregious sexual offenders if they are allowed back into the community.

Source: CNN.com, “Five years later, states struggle to comply with federal sex offender law,” Emanuella Grinberg, 7/28/11

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You might need to know the long-term impacts of a 3rd degree DWI if you have been arrested or charged with driving while impaired (DWI) in Minneapolis, MN. A 3rd-degree DWI conviction can affect you personally, professionally, socially, and financially. A DWI conviction carries consequences, such as paying huge fines, loss of income, paying higher insurance premiums, strained relationships, and reputation damage. Your driver’s and professional license may be suspended or revoked after you are charged or convicted of a DWI. You may also face a civil lawsuit, which costs you money in the form of financial compensation to the accident victim.
One of the questions that people facing sex crime charges in Minnesota ask is: Will I have to register as a sex offender if convicted? You will most likely be required to register as a sex offender if convicted of a sex crime. Factors that determine sex offender registration include the nature and severity of the offense, aggravating factors, civil commitment, and risk level. You must register as a sex offender if you are relocating to Minnesota for school, work, or to live and have been convicted of sex crimes elsewhere.
People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.