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The Research Of The Sex Offender's Registration And Information Disclosure In The United States

Posted on:2010-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:L YiFull Text:PDF
GTID:2166360275968637Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Recently the research and discussion on China's criminal policy is very active, especially the theory of crime prevention policy. Many of the academic scholars hope to refer to the aboard criminal system also compared them with china-related system here, when they express their own points. Unfortunately some of them have no depth research and analysis on the legislative background and thinking which produced a result of its one-side understanding or misinterpreted. Therefore an objective and comprehensive introducing to the law is the basic premise to learn the foreign experience for our legislation system.This article starts from landmark events of the sex offender's registration and information disclosure established in the United States—Jacob Wetterling Act and Megan Kanka Act. The article described the facts of the cases, the impact of judicial legislation and the disputes arising from the related theories. It also focuses on the origin of the "Megan's Law", the development in the federation of U.S. and its states, and the impact of for both other countries and regions. Through the United States dealt with the controversial cases and the experts' considerations on the value of the carried out the legislation, the U.S. made efforts to achieve a balance between the public safety and sex offenders' right, from this we can find out the value of choice as well as the legislation thinking. Finally, the article discusses the situation for China's treatment policy of released prisoners, the elimination policy of formal criminal records as well as privacy protection for criminals for the history and present, it raises some inspiration which the above sex offenders registration and information disclosure system will give to our existing criminal justice policy. This article insist that, in order to crime prevention , we should consider such as criminal character as well as term of imprisonment etc, to develop the suitable policies, systems for the criminals adopting the principle of different grade and classify ,we can not make generalizations.The Sex offenders registration and information disclosure system gives us another perspective for crime prevention in our country, we should see that the rights of any person is not fully absolute, the state have to consider the protection of public safety, when there is conflict for rights or interests between the individuals and the public, the states need to try the best to achieve a balance between the public safety and offenders' right, for the protection of public safety should be allowed to confront the legal privacy requirements. So build such a report or disclosure system for the high level dangerous offenders to reduce their personal dangerousness, it will be helpful to protect this special populations, also to prevent them from doing harm to the people or social justice, protect the people's achievement, and promote good relations between the individuals, maintenance the nation's long-term stability.
Keywords/Search Tags:Megan's law, public safety, offenders' right, crime prevention
PDF Full Text Request
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