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Tougher laws and punishments for child molesters - Research Paper Example

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Tougher Laws and Punishments for Child Molesters Ohio’s Notification Process As a result of past court rulings, tougher laws and punishments have been enforced for child molesters. In an Ohio Supreme Court ruling, the judge granted a sex offender’s notification process to be blocked…
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Tougher laws and punishments for child molesters
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Download file to see previous pages Even these violent sex offenders have the right to request for their notification process to be blocked. They can change addresses without the community or the police being notified of such move. The Adams Walsh Act, signed by President George W. Bush, is Ohio’s current sex offender registry law. The law took effect on January 2008, and it allows Tier III sex offenders to request for a local judge to waive their notification process upon proving that the sex offender is no longer a threat to the community. The sex offender will still be listed as a sexual predator and be required to provide an updated address every 90 days to the local sheriff’s office. Lawmakers intended for the notification process waiver for sex offenders convicted of crimes to apply to offenders who did not commit another crime before the new law applied. However, in July 2008, Stephen James McConville from Lorain County was convicted of rape and gross sexual imposition. He pleaded guilty and was convicted under the new law. He was listed as a sexual offender under the Tier III offender level. After the conviction, McConville requested for the judge to waive the notification of his address to the community. The judge in Lorain County agreed based on McConville clearing the law’s 11 step criteria. ...
According to the article, “The state was arguing anyone convicted after Jan. 1, 2008 was mandatorily and automatically subjected to notification and not subject to waiver. But the actual statute written by the legislature does not say that,” said McConville's attorney, John M. Prusak. “What the state was arguing is not in statute.” (Fields, n. pag.). The case was presented to the Supreme Court where there was a 7-0 ruling. The Supreme Court sided with the lower court and appeals court. The ruling was based on the court’s opinion on the strict reading of the law based on the legislator’s writing of the law. The ruling was based on the following argument, “The state's argument is not persuasive,” Justice Robert Cupp wrote for the court. “The language used in the statute pertains to those sexual offenders whose status is determined after the effective date" of the law.” (Fields, n. pag.). The case was argued for the State of Ohio by the Lorain County Prosecutor’s Office. There was an attempt to reach the Assistant Prosecutor Billie Joe Belcher regarding the case, but he could not be reached. Cleveland Democrat, State Senator Shirley Smith introduced a bill to repeal the provision in the law that allows for sex offenders to have their notification process waived. Senator Smith’s decision to introduce a bill to repeal the provision was motivated by the case of Anthony Sowell. Sowell is an accused serial killer who is listed as a Tier III sexual predator. He would have been eligible to request for the judge to waive his notification process upon relocating from his Imperial Avenue home. Sex Offender Registration Laws In the case of Anthony Sowell vs. the State of Ohio, Anthony Sowell appeared in court, facing allegations of killing eleven women ...Download file to see next pagesRead More
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