Individual Rights Vs. Social Responsibilities

Individual rights vs. Social responsibilities

The most heinous of crimes are those committed against children. Society views these crimes as unacceptable and accepts the responsibility of ensuring the protection and safety of children from sexual predators. On the other hand even the most heinous criminals have rights. Jessica’s law ensures the social responsibility while civil rights of those convicted of crimes against children are ensured by civil rights organizations. Many of these organizations have committed themselves to fighting Jessica’s law, claiming the law violates the rights of these offenders.

Jessica’s Law was voted into effect with a strong yes. Jessica’s law calls for an increase in the penalties for lewd and lascivious molestation of a child to life in prison or a split sentence of a mandatory 25 year prison term, followed by a lifetime supervision with electronic monitoring. (Jessica Marie Lunsford Foundation, 2006) After hearing so many cases on the news stations, an understanding has arisen to the recidivism related with sexual predators. For example, in Minnesota, Joseph Duncan stood in front of a judge, accused of molesting a young boy. Despite the fact that Duncan had previously served 16 years for raping another young boy at gunpoint, the judge released him on just $15,000 bail. Duncan promptly skipped bail and headed for Idaho, where he allegedly kidnapped, raped, and killed a 9-year old boy, molested his sister, and killed their family. (Jessica Marie Lunsford Foundation) Jessica’s law also calls for a 10 year increase on the period a predator is allowed to petition to remove registered status. This alone can eliminate serious threats from stepping outside of society’s microscope. Previously, sexual predators who murdered his or her victims would be eligible for a life sentence; however, with Jessica’s law these predators are eligible for the death penalty.

Society’s responsibility in Jessica’s law stems from the abduction and rape of a 9 year old little girl. John Couey, the man charged and convicted of this horrendous crime, was a repeat offender. He was arrested over 20 times including many arrests for acts against children. He was a sexual predator who unbenonsed to little Jessica and her family, lived just yards from their home. A simple warning or knowledge Couey was indeed a risk to children could have easily created awareness and protection for Jessica, preventing her sad death. Her case was not alone but her case created such outrage in all communities. Court coverage was undeniable capturing the attention of everyone. Thankfully, the outraged fuelled a systematic change in how sexual predators are treated and charged. “There are 400,000 registered sex offenders in the United States and an estimated 80 to 100,000 of them are missing. They're supposed to be registered, but we don't know where they are and we don't know where they're living. Certainly, someone like John Couey should not have been on the streets. There are too many of these offenders who are getting multiple bites of the apple (committing multiple offenses). ...We need to have meaningful systems for follow-up, for identification, for tracking and for protecting families.” (CBS Early Show, 2005)

On the other hand the outrage is voiced not towards the horrendous and hideous acts committed by these sexual predators; the outraged is voiced for the sexual predators. Those in opposition of Jessica’s law believe the law tramples on the individual rights of these sexual predators. In essence, many believe the rights of these offenders are canceled out when the offender eliminates the rights of the children. However, the truth is even the most violent of offenders have rights given to them from the Constitution of the United States. U.N.I.O.N, or United for No Injustice, Oppression, or Neglect, is an organization fighting for the rights of sexual predators. (U.N.I.O.N, n.d.) U.N.I.O.N states that Jessica’s law is a blatant disregard to the United States Constitution and is cruel and unusual punishment because the law continues to punish people after a sentence has been served. U.N.I.O.N goes even father to state Jessica’s Law is driven by fear-mongering, opportunistic politicians and will do to save children. (U.N.I.O.N) Another violation of civil rights of sex offenders affected by Jessica’s law has been the forcible actions of where the offender can reside. Many communities have begun banns on predators nothing from residing with a specific mileage of certain cities. This alone has forced offenders into hiding or living under very unsuitable circumstances.

Organizations fighting for the right of the sexual predators state Jessica’s law violates the individual right against proactive punishments. For instance, a normal person is sentenced to 20 year in jail. This person can receive good time credits and parole early. The person will then be given a parole sentence date and when parole is over the person is free from the criminal justice