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They call it Megan’s Law. And to many people it’s a monument to
a little girl who didn’t have to die. To many, it’s a legal
talisman that promises to protect children from sexual predators --
strangers like Jesse Timmendequas -- who hide in anonymity.
Megan’s slaying was a particularly horrific crime, and news of it
shocked the community where the pretty blonde girl with the
gap-toothed smile lived and died. But the horror went far beyond
Hamilton.
Throughout the state, people demanded that something be done. There
had to be some mechanism to warn them when a dangerous sexual predator
was on the loose in a community. After all, people -- parents,
children, schoolteachers, police-- all had a right to know when such
an animal lived in their midst, didn't they?
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| Dick Zimmer
(AP) |
Dick Zimmer, then a state senator in New Jersey, and later a
one-term congressman, certainly thought so. It was the dawn of the
get-tough-on-crime era, and, with the blessing of the leaders of his
Republican Party and support from both sides of the aisle, Zimmer and
his colleagues hastily cobbled together a package of bills, which,
among other things, required that anyone convicted of a sex offense
undergo evaluation. The bills required that the risk sex offenders
posed to the community be assessed and that, depending on that
assessment, the community be notified.
For those deemed least likely to resume their criminal behavior,
only the local authorities would be notified. Those considered a
moderate risk would have their names circulated among police, local
schools and community groups, and for those considered the most
dangerous, a public alarm would be sounded once they were released
back into the community.
On the surface, the law seemed to present a reasonable and
reassuring answer to a real danger, and it was quickly embraced by the
state's then-attorney general, Deborah Poritz (now chief justice of
the New Jersey State Supreme Court), by then-governor Christine Todd
Whitman (now the head of the federal Environmental Protection Agency)
and by leaders in both houses of the state legislature.
And so, within weeks of its introduction, thanks in part to the
moving testimony and unflagging support of Maureen Kanka, Megan’s
Law was overwhelmingly adopted. Two years later, when Zimmer went on
to Congress, he saw to it that a version of the New Jersey statutes
became federal law.
But from the beginning there were those who warned that the law had
serious flaws. For one thing, early studies, such as one conducted in
Los Angeles County, indicated that information disseminated about
convicted sex offenders was often wrong. Real, hard-core pedophiles
often gave authorities bogus addresses or moved without warning,
making the registration effectively useless, the Los Angeles study
found.
Prosecutors, noting that the vast majority of sexual offenses,
particularly those against children, were solved only when the
offender confessed, warned that the laws could backfire. Threatening
accused molesters with lifelong registration made it that much more
difficult to force an admission of guilt, obligating prosecutors to
risk losing cases and exposing victims to additional trauma at trial,
they said.
What's more, many offenders had been convicted or pleaded guilty in
the past to less serious offenses, crimes that did not rise to the
level of Megan's Law notification. Notably, the name Jesse
Timmendequas, Megan's killer, would not have been publicly released if
the sex offenders’ registry had existed at the time of the girl's
death. His prior offenses would not have warranted widespread
community notification. A popular saying among prosecutors in New
Jersey's 26 counties is, "Megan's Law would not have saved
Megan."
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