Off to Elba: The Legitimacy Offender Residence and Employment Restrictions

Abstract
Overborne by a mob mentality for justice, officials at every level of government are enacting laws that effectively exile convicted sex offenders from their midst with little contemplation as to the appropriateness or constitutionality of their actions. These laws fundamentally alter the liberties and freedom of convicted sex offenders to satisfy the ignorant fear of the masses. As a result, residence and employment restrictions which in theory are to protect society, in practice only exacerbate the perceived recidivism problem. When such laws are passed and the political process is broken, it is necessary for the judicial branch to step forward and protect those who are politically impotent.

There are times when politicians are hostages to the lusts of their constituents. They dare not oppose bills that, if defeated, would serve only to aggravate those who placed them into office.2 Regardless of whether they actually favor the measures, the political risk is too great not to allow their constituents’ passions to overrun their own common sense. As a consequence, laws are passed with little or no resistance.3 These laws can fundamentally alter the liberties and freedom of a few to satisfy the ignorant fear of the masses. As a result, laws that in theory appear to protect society, in practice only exacerbate the perceived problem. In situations like this, an independent judiciary must do what needs to be done. Because sometimes the desire of the majority overbears individual liberty, it is critical that the courts protect the legitimate interests of "the others."4 When such laws are passed and the political process is broken, it is necessary for the judicial branch to step forward and protect those who are politically impotent.5 When it comes to laws that involve sex offenders, the passions of the majority must be tempered with reason. Overborne by a mob mentality for justice, officials at every level of government are enacting laws that effectively exile convicted sex offenders from their midst with little contemplation as to the appropriateness or constitutionality of their actions. Politicians across the country will approve almost any measure that deals with sex offenders to appear strong on crime.6 Given that the sex offender lobby is neither large nor vocal, it will be up to the courts to protect the interests of this disenfranchised group.7 ..more.. by Joseph L. Lester, Faulkner University