Title

Off to Elba: The Legitimacy of Sex Offender Residence and Employment Restrictions

Abstract

Overborne by a mob mentality for justice, officials at every level of government are enacting laws that effectively exile convicted sex offenders from their midst with little contemplation as to the appropriateness or constitutionality of their actions. These laws fundamentally alter the liberties and freedom of convicted sex offenders to satisfy the ignorant fear of the masses. As a result, residence and employment restrictions which in theory are to protect society, in practice only exacerbate the perceived recidivism problem. When such laws are passed and the political process is broken, it is necessary for the judicial branch to step forward and protect those who are politically impotent.

Disciplines

Civil Rights and Discrimination | Constitutional Law | Criminal Law | Criminal Procedure | Human Rights Law | Law and Society | Public Law and Legal Theory

Date of this Version

October 2006