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Coming of Age in America: The Misapplication of Sex-Offender Registration and Community-Notification Laws to Juveniles
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Elizabeth Garfinkle
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| Since 1996, every state has enacted legislation requiring certain
sex offenders to register with law enforcement and have their
personal information available to the community, often for life
("Megan's Laws"). Slightly over half of all states require registration
and community notification for juveniles adjudicated delinquent
of sex offenses. This inclusion is a marked departure from the
traditional juvenile justice system of maintaining separate procedures
and consequences for juveniles and adults. In treating juveniles
like adults under Megan's Laws, states have failed to consider
the distinct characteristics of juvenile sex offending, such as
the exceptionally low recidivism rate and culpability complications
arising from age-of-consent laws. This Comment argues that applying
community-notification requirements to juvenile sex offenders
is an ineffective tool for preventing future offenses but rather
creates new harms for the very children the laws claim to protect. |
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Copyright
© 2003 by California Law Review, Inc.
California Law Review, Inc. (CLR) is a California
nonprofit corporation.
CLR and the authors are solely responsible for
the content of their publications.
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