DOUBLE PUNISHMENT

While the Constitution prohibits Double Jeopardy, it apparently does not prohibit punishment of sex offenders after they have completed their sentence

According to The New York Times, Orange County in California has some of the nation’s most severe sex offender restrictions. In Huntington Beach, convicted sex offenders are barred from surfing at the city’s famous pier. In Dana Point, they are prohibited from casting a fishing line in the harbor. And in Mission Viejo, they could be shipped back to jail for six months if they wander into a public park.

In many cities across this nation, sex offenders are prohibited from residing within 2,500 feet of any place where children might congregate. That makes it impossible for them to live anywhere within the city. That’s completely unreasonable! City ordinances with such restrictions are designed as ‘feel-good’ legislation and they do little, if anything, to protect children from sexual predators.

While the Constitution prohibits double jeopardy, it apparently does NOT prohibit DOUBLE PUNISHMENT – (1) confinement in prison and (2) the additional punishment of residence restrictions and prohibited access to public places after completion of the sentence meted out by the court.

And it should be noted that many ‘sex offenders’ were convicted of offenses that never involved any children. The drunk who peed in the street, if convicted of exposing his person in public, will be required to register as a sex offender - with the attendant residence restrictions - in many jurisdictions. The same goes for persons convicted of having CONSENSUAL sex with minors. The women school teachers convicted of laying a lucky student are required to register as sex offenders.

Before proceeding any further, I want to make it crystal clear that Bob Walsh, Jeff Doyle and I believe that sexual predators belong in prison and not on the streets. But since the law sees fit to release them from prison, they should have the right to live as normal citizens once they have completed their sentences.

Bob Walsh says,” How the hell can you legally bar a citizen from ‘all public places.’ I foresee some serious constitutional issues there.”

And here is Jeff ‘Paco’ Doyle’s take on sex offender restrictions:

PARIAH LAWS OFFEND CONSTITUTION
By Jeff Doyle

PACOVILLA Corrections blog
May 30, 2012

Notwithstanding the dearth of sympathy for the plight of the pariahs we call sex offenders, the Bill of Rights contains no exemptions. Therefore, even though the children of Dana Point are undoubtedly safer because sex offenders aren’t permitted to fish in the ocean, the prohibition offends our foundational document.

Sadly, a majority appear to find this particular unconstitutional matter a non-issue–It’s OK to deprive sex offenders of their Constitutional Rights. Paco understands and sympathizes with the sentiment. Even so, the Constitution either applies to us all or it applies to no one…eventually.

To reiterate Paco’s position on the matter of registered sex offenders:

__Many sex offenders are not sex offenders at all. Sex offender rolls include countless offenders who present no threat whatsoever to children or others. Until last week, this included Brian Banks who was falsely accused and convicted of rape a decade ago. It also includes folks convicted of public urination, public nudity etc.

__While registration has been held Constitutional, on their face such laws acknowledge and underscore the paucity of sentences for actual child predation and predatory rape. Which is to say, true predators belong in prison–Registration exists because lawmakers lack the stones to set life terms for lifelong sex offenders.

__No studies or statistics have ever established a nexus establishing sex offenders commit offenses at schools or parks near their residence of record. Yet, many jurisdiction in the nation bar sex offenders from residing near those sites, libraries, movie theaters…

__Gangs are an imminent threat both in public parks and schools–Children are frequently shot at those places, caught in a crossfire. Where are the signs prohibiting gang members from public parks?

Paco says lock up ACTUAL predatory sex offenders and keep them there. AND, like it or not, people who have served their time are NOT 2nd class citizens–They are citizens, entitled to the same rights as everyone else.

Barring that, let’s be honest and change the Constitution to sanction a 2nd class of citizen whose rights are forfeit: the Pariah.
__________

And I would add that Jeff brought up a most interesting point. If we want to protect our children, why are gang members NOT prohibited from public parks?