Megan’s Law and the misconception of sex offender recidivism

2008

Introduction

Legislatures cite the so-called high recidivism rate of sex offenders to implement Megan’s Laws to justify laws requiring sex offenders to register and having their information being disseminated to the community. However, whether people convicted of sex crimes actually possess a dangerous risk of recidivism remains doubtful. This paper will critically question the justification of reliance on recidivism studies by both state and federal legislatures in implementing Megan’s Laws.

Part II outlines the history of Megan’s Laws and presents the claims of recidivisms made by the legislatures. Part III first demonstrates how Megan’s laws do not take in account the variation in recidivism rates among studies. It then shows how studies do not represent the actual majority of those convicted of sex crimes. Finally, this part analyzes the harm created by Megan’s Laws that outweighs any beneficial value on the community when an offender has a low recidivism rate. Part IV confutes potential opponents’ arguments that because sex offenses are underreported, the actual recidivism rates could be higher and that it is better to err on the safe side for children’s sake. Part V concludes that the discrepancy of studies suggests that compulsory notification laws are overbroad by assuming high recidivism rates by all sex offenders. Because recidivism rates vary depending on the characteristics of the sex offenders, Megan’s Laws are justified only for selected types of offenders who commit particular sex offenses. The heavy burden put on those who pose little risk to society outweighs the usefulness of Megan’s Law for the other categories of sex offenders. ..The Rest of the Paper.. by Debra Patkin