November 26, 2013

New Jersey lawmaker wants to create domestic violence offender registry

All of these lawmakers think of one thing, their political future! Not one thinks of the damage registries do to families and esp. children thereof.
11-28-2013 New Jersey:

New Jersey residents who have abused their spouses and partners would be just as easy to look up as sex offenders under a bill about to be introduced by a state lawmaker.

Assemblyman Reid Gusciora (D-Mercer) wants to create a publicly accessible registry of those found to have committed domestic violence.

“It’s pretty dangerous to date a repeat offender and often times the person isn’t aware of the history,” Gusciora said. “You have instances where the person is very nice, and they’re dating, and when they’re living together that’s when the violence would happen. At least this would give some kind of warning if the person has a history of violence.”

Gusciora, who first mentioned the idea to New Jersey 101.5 FM, said he plans to introduce the legislation soon. The registry would be similar to the one that was established by Megan’s Law for sex offenders.

Gusciora said he introduced the measure because he’s a municipal prosecutor and has seen cases of women being abused by men who had hurt past partners.

“Someone comes in and I’m like ‘Did you know your husband or boyfriend engaged in domestic violence three times?' ” Gusciora said. “I’ve just seen as a prosecutor horrific instances of repeat offenders that could be prevented.”

The state currently keeps a database of domestic violence offenders who have restraining orders against them. But while it is accessible to police and the courts, the public cannot see it.

But Patricia Barbarito, a former chair of the Family Law Section at the New Jersey State Bar, said Gusciora’s idea may be “overkill” and noted that domestic violence offenders are found to have committed the act by a judge. Jury trials require separate charges like assault.

Barbarito said it may not be a bad idea to have a place where people can look up the information, but that domestic violence offenders should not automatically be put on the same level as sex offenders.

“It’s far more complicated than that sort of broad-brushed approach for everyone,” she said. “The standard of proof is not a criminal proceeding. It’s a very complex issue. I think there must be much less intrusive ways to have a place someone can check..”

John Paone, a family law attorney, said proceedings on domestic violence are already public record.

But he said he’s concerned that children could access to the information.

“The registry is now open to the public, how do you keep some 8-year-old neighbor from accessing that information and creating all kinds of problems?” he said.

Gusciora said in his experience most domestic violence charges are dismissed because the victim declines to cooperate. So those who are found guilty, he said, rise to a level where they should be publicly known.

“Those are the people who should be on the list, when it’s risen to that level,” he said. ..Source.. by Matt Friedman/The Star-Ledger

No comments: