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Megan's Law Should be in Ireland

Comments

  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Populist nonsense touted by politicians who neglect to mention that were such a law in operation at the time of her death Megan would not have been saved . I think it allows information into the public domain that will be used as justification for mob rule.
    Doubtless I'm going against the flow but thats my 2 cents worth.


  • Registered Users, Registered Users 2 Posts: 217 ✭✭Jarndyce


    delancey42 wrote: »
    Populist nonsense touted by politicians who neglect to mention that were such a law in operation at the time of her death Megan would not have been saved . I think it allows information into the public domain that will be used as justification for mob rule.
    Doubtless I'm going against the flow but thats my 2 cents worth.

    That's 'going against the flow nonsense'. While it's hardly the panacea for sexual offences against children, it's certainly a positive step. To say that such information "will be used as a justification for mob rule" is an unfounded and fatuous leap of logic.

    OP, you might note that Sarah's Law (the UK equivalent) has been introduced in England and Wales.

    http://www.guardian.co.uk/uk/2010/aug/01/sarahs-law-rollout-scheme


  • Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    I don't support such laws. I firmly believe the book stops with parents to educate and supervise their children.

    Sadly child sexual abuse in this country is mostly committed by family members or friends of the family i.e. people the child knows and trusts and stranger abusers are very very rare. Such laws will not protect children from these abusers.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    1) at present we have a system for registration of sex offenders with the Gardai. The Gardai can pass information on to the HSE, and sometimes the HSE will inform persons who need to be informed about a person's previous sexual offences history. The HSE don't need a conviction in order to pass on this information.

    2) The proposed constitutional amendment on "children's rights" allows for laws to be passed for the dissemination of soft information on sex offenders.

    3) I don't really see how a public version of a sex offenders registrar would be of any use. First of all, most convicted sex offenders are known to the victim, and as such revealing the name of the sex offender can make public the identity of the victim. This disincentivies victims coming forward to testify. In any event, those who are not related usually have their names publised in the media, so a private undertaking could, if they so wished, publish information on the names and addresses of all known sex offenders with a bit of time and effort. Certainly, the state should not have to fund such a system and as such become liable for any incorrect information that they publish.

    4) finally, I just can't see how publishing the names and addresses of convicted sex offenders would do anything other than satisfy the public's desire for vengeance. It might also lead to a false sense of security whereby parents, teachers etc trust in that information and do not carry out their own checks etc.


  • Registered Users, Registered Users 2 Posts: 217 ✭✭Jarndyce


    4) finally, I just can't see how publishing the names and addresses of convicted sex offenders would do anything other than satisfy the public's desire for vengeance.

    I believe that it would do more, though perhaps not much more. But even if it did nothing more than satisfy the public's desire for vengeance, should that not be welcomed?? Such offenders most often do not spend long enough in prison to experience the justice they deserve, whether in the temporal sense or in the sense of the 'hands-on' justice that might be delivered by his fellow criminals whilst inside. I for one would not consider the dissemination of such information to even scratch the surface of 'vengeance'.
    It might also lead to a false sense of security whereby parents, teachers etc trust in that information and do not carry out their own checks etc.

    I think this is unlikely. The Child Care (Pre-School Services) (No 2) Regulations, 2006, requires the vetting of those who teach pre-school children. I know there are similar regulations for teachers of older children that were introduced around the same time. As for parents, well, in my opinion, responsible parents will always be vigilant when it comes to this issue.


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Jarndyce wrote: »
    I believe that it would do more, though perhaps not much more. But even if it did nothing more than satisfy the public's desire for vengeance, should that not be welcomed?? Such offenders most often do not spend long enough in prison to experience the justice they deserve, whether in the temporal sense or in the sense of the 'hands-on' justice that might be delivered by his fellow criminals whilst inside. I for one would not consider the dissemination of such information to even scratch the surface of 'vengeance'.

    Not really. The whole reason we have courts and prisons is so that the doling out of public punishment is done by accountable bodies, not by a mob.
    Jarndyce wrote: »
    I think this is unlikely. The Child Care (Pre-School Services) (No 2) Regulations, 2006, requires the vetting of those who teach pre-school children. I know there are similar regulations for teachers of older children that were introduced around the same time. As for parents, well, in my opinion, responsible parents will always be vigilant when it comes to this issue.

    I could well see a situation where to carry out vetting instead of making enquiries with the Gardai and HSE etc, they just go onto the internet and carry out a search. Normal frailty in information systems suggests that this will not always be 100% accurate, but even if it was, there are some situations where there was not enough evidence for a conviction, but there is enough to make a reasoned determination that the person is not fit to be in contact with children. Such information could never be published on a public internet page, but can be kept by the HSE/Gardai so that they can disseminate it discretely. But with a website doing most of the work, I can see how the time consuming and expensive process of obtaining Garda/HSE vetting documentation might be overlooked.


  • Registered Users, Registered Users 2 Posts: 217 ✭✭Jarndyce


    Not really. The whole reason we have courts and prisons is so that the doling out of public punishment is done by accountable bodies, not by a mob.

    Again with the leap that this is essentially mob rule? Why exaggerate? Courts and prisons are only part of the solution when it comes to managing crime levels. It's rather self-evident that the system, as it currently stands, is unsatisfactory, and I'm quite sure that this view is shared by a majority.

    Avoiding an off-topic discussion on that issue, my point is that to add such a measure would merely add a preventative/preemptive facet to a much-maligned criminal justice system. It may not be very successful, but neither is the system. It may only prevent the rape (or worse) of one child every year, two years, or even five years. However, if encroachment upon the privacy rights of numerous sex offenders is the price that must be paid to protect that one child then that is, in my opinion, proportionate and justified.
    I could well see a situation where to carry out vetting instead of making enquiries with the Gardai and HSE etc, they just go onto the internet and carry out a search. Normal frailty in information systems suggests that this will not always be 100% accurate, but even if it was, there are some situations where there was not enough evidence for a conviction, but there is enough to make a reasoned determination that the person is not fit to be in contact with children. Such information could never be published on a public internet page, but can be kept by the HSE/Gardai so that they can disseminate it discretely. But with a website doing most of the work, I can see how the time consuming and expensive process of obtaining Garda/HSE vetting documentation might be overlooked.

    Well, in respect of Sarah's Law (which is, at a minimum, what I advocate), the police can only disclose the information where they are satisfied that the applicant has reasonable grounds for the request.

    From what I know of Megan's Law in the US, names, addresses, photos etc may be published on public internet pages in some States.

    Sarah's Law, however, is a much more 'watered-down' version of this system. Access to the database is limited to police officers who may disclose the information only where there is concern expressed for the welfare of a particular child. Therefore, I don't anticipate the overlooking of the vetting process with a system like Sarah's Law. Indeed, as I mentioned in my previous post, we have regulations in place to deal with such vetting.


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