Public Sex Offender Registry: Affirmative & Negative Debate

This assignment presents a debate on the implementation of a public sex offender registry in Australia. The document begins with an introduction outlining the topic and the structure of the debate, which includes arguments for both the affirmative and negative sides. The affirmative side argues that a public registry enhances community safety by aiding in the surveillance and apprehension of sex offenders, drawing on structural functionalism and principles of rehabilitation, deterrence, and retribution. The negative side counters these arguments, emphasizing concerns about the cost, lack of preventative effectiveness, and potential for harassment and social stigma against registered offenders, utilizing symbolic interactionism and the same principles of punishment. The assignment draws on sociological theories, and empirical evidence to support its claims, offering a comprehensive analysis of the complex issues surrounding sex offender registries.

PUNISHMENT JUSTICE AND REFO
REFORM
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Table of Contents
Introduction................................................................................................................................3
Overview....................................................................................................................................3
Affirmative Side........................................................................................................................4
Rebuttal......................................................................................................................................5
Negative Side.............................................................................................................................6
Conclusion..................................................................................................................................7
References..................................................................................................................................9
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INTRODUCTION
Sexual offending does have significant impact on the victims which could lead adequate
angst within the community. In order to manage the same the community relating to sex
offender is of dominant importance. The same could be analyzed and assessed through sex
offender registry list. Present report emphasizes on assessing the affirmative and negative
prospective of public sex offender registry list on safety of community and deterring crime.
In order to ascertain adequate crux of both the sides’ sociological theories which have been
applied are structural functionalism and symbolic interactionism. Further, the principles of
punishment which have been collaborated in present study are rehabilitation, deterrence and
retribution.
OVERVIEW
According to Taylor (2017), sex offender registry list refers to a list which is established by
countries to enable the government authorities to keep track of activities related to sex
offenders, comprising those individuals also who have completed punishment for their
crimes. In order to know about the crimes, website is established which allows parents and
guardians to have queries with Western Police Force regarding any individual who has
unsupervised to their child. For the same, three tiers are offered to families that are missing
offenders, local search and disclosure scheme. It was introduced on 1st October 2004. Further,
the Sex Offenders Registration Act 2004 specifies that it oblige reporting responsibilities on
sex offenders to supply appropriate information to the police for law enforcement purposes as
well as to reduce the risk relating to re-offending. As per study of Stucky and Ottensmann
(2016), in the section 2.2 of the Act, the purpose behind introducing this system is stated
which is decreasing the risk of harm to children through sexual abuse.
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AFFIRMATIVE SIDE
Enhancement in surveillance of registered offenders leads to provide an ease in locating,
investigating and apprehending criminals when required. Above positive argument can be
evidenced with the recent growth which has been viewed in making registries more reachable
to the citizens. Thus, Australia should adopt a public sex offender registry list. Braithwaite
(2001) specified that, under, 2012 a restricted access public sex offender register was
instituted in Western Australia. Further, in order to request details regarding missing
registered sex criminals as well as sex offenders living in the area, local citizens are obliged
to give their names along with their driving licence. Above argument can be verified with the
application of structural functionalism sociology theory. The specified approach assess the
society as a complex system whose part work with each other in order to enhance stability
and solidarity. The reason behind same is that victims are attached with the circumstances
faced by them. In accordance with Brown, David (1990), one of the main problems that can
be resolved through establishing a nation public sex offender register within Australia is the
response to youngsters and adolescent individuals. For instance, juveniles and youth within
the United States have been offended of child pornography crimes and placed on public sex
offender registries due to sexting, the taking and sending of naked images of themselves or
other to their aristocrats (Crofts, Lee, McGovern and Milivojevic, 2015).
Public sex offender list will surely will unveil the actual picture of offender appropriately. A
significant debate which is being discussed is that whether transportation assist in
rehabilitation of offenders in comparison to persons imprisoned in British jails. The fact
which was revealed on the basis of data available in English census register and Fremantle
magistrate’s court’s register revealed that the transported men continued to offend the colony
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and committed minor crimes. Nelken (1982) asserts that, a request can be submitted through
parent in order to determine whether a person who has contact with their child is a recorded
offender. Even the details from interviews which are conducted with expertise police
officials who are accountable for the registration and supervision of sex criminals in the
society could be assessed in order to ascertain the scenarios due to which they get into such
situations. The punishment policy which was applied until 1970 is rehabilitation as
appropriate efforts were made to develop occupational skills and resolving psychological
issues comprising drug addictions (Hubbard and Verstraete, 2016).
It is determined that police participants were dubious regarding whether the public registry
will augment the safety of society, with some feeling the scheme can prevent several
criminals from reoffending, while potentially escalating the risk of reoffending for others. At
the same time, decreasing reoffending among sex offenders is often refer as widely a key
outcome, a crucial part of the impact of sex offender registries is on discernment of safety in
the society.
REBUTTAL
In accordance with prospective of symbolic interactionism sociology theory it can be
assessed that people’s particular utilization of dialect leads to make images as well as
correspondence with the situation. The same can be applied to the above affirmative
arguments specified above. In other words above positive arguments are of no use until and
unless practical actions have been taken regarding the results or reports which have been
attained through above reports. Thus, the below specified negative arguments have been
discussed which represents the other side of the decision that whether Australia should adopt
a public sex offender register or not. The punishment polices which have been supported are
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Retribution and Deterrence. The main objective of deterrence is to persuade offender to
assure the rules and impact of punishments on an individual behaviour.
NEGATIVE SIDE
Money must be used to determine the measure that can assist the nation in decreasing the
sexual persecution of children (Reynolds, 1969). The same can be accomplished through
organising support programs for paedophiles in order to assist them in developing the
methods of managing their sexual proclivity instead of acting on them. Further, rather than
using money in implementation of sex offender registry the government should redirect the
funds in the determining the methods which can reduce the sex offence of country. The fact
can be proven through the records which have been compiled by the colonial authorities
which tried only most serious offences. Some men have brought to their transferable skills to
their new home. But majority of the offence were common offences such as fighting,
drunkenness and low-level public order. However, according to Fairburn (1986), another
controversy which can be assessed between volatile and contradiction punishment i.e. the
emerging to developing trends comprising death penalty and rebirth of community policing.
In addition to this, it not works as a preventative tool. Rather, it has caught up thousands of
individual in a tightly net of legal sanction and social stigma (Crowley 1960). Registered sex
criminal are constrained by where, with whom and how they can live then further constrained
harassment or shunning from neighbours and prejudice from employers. With the assistance
of structural functionalism sociology theory and above specified points it can be assessed that
there is no need of installing such program.
Furthermore, new penology quarrels that a vital new language concerning penology is
budding. The new penology language includes its counterparts in other parts of law also
shifts focus away from the traditional apprehension of the criminal law as well as
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criminology, which mainly focuses on individual and redirects it to actuarial consideration of
aggregates. Along with this, Napier, Dowling, Morgan and Talbot (2018), specifies that
previous offenders are often subjected to harassment by members of the larger community
who have access to their information. The same lead to complexity in deterrence asnd
retribution. As retribution is a punishment policy which assists in decreasing crime through
giving a society appropriate extent of satisfaction that criminal justice system has been
working effectively.
Moreover, as per study of Farrall and Calverley (2006), there are many individuals whose
lives are ruined for performing minor or harmless offenses and the reason behind the same is
their name listed in the sex registry offender. Until and unless the person proves that the
person is not guilty the life of that person and family is ruined by saying that the person is
criminal because the name is listed in the registry. The same can be explained through citing
an example of a statutory rape case under which victim is a high grade younger than the
offender. On the other hand, individuals who have committed big crimes which are
nonetheless very different from the ones the registry was supposed to prevent and which the
registry might actually found it difficult to fight. Moreover, here the symbolic interactionism
sociology theory can be applied. Magistrates in Western Australia had to providing justice to
victims, a proportionate punishment to offenders and a sentence that can serve as a general
deterrent to potential offenders, all while bearing in minds the requirements of growing
society.
CONCLUSION
Above discussion asserts that sex offending is a very serious and harmful crime, especially
when it has effect on children and often ignites significant society interest in accordance by
law enforcement and administration. However, public sex offender register will assist in
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ascertaining the actual scenario of victims and crimes so that required action to be taken
against same can be analyzed in appropriate manner. But the same will not be of any use till
measures are taken in accordance the results which have been ascertained through public sex
offender register statistics and that too in effective manner.
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REFERENCES
Braithwaite, J. (2001). Crime in a convict republic. Modern Law Review, 64(1), 11–50.
Brown, David (1990). Crime and Punishment in the Corporation: Putting the Value Back in
Punishment,’Legal Service Bulletin 15 (3): 239-43.
Crofts, T., Lee, M., McGovern, A., & Milivojevic, S. (2015). Perceptions of Legal Responses
to Sexting. In Sexting and Young People (pp. 144-160). Palgrave Macmillan, London.
Crowley, F. (1960). Australia’s western third. A history of Western Australia from the first
settlements to modern times. New York: Macmillan & Co.
Fairburn, M. (1986). Violent crime in old and new societies: A case study based on New
Zealand 1853–1940. Journal of Social History, 86–126.
Farrall, S., & Calverley, A. (2006). Understanding desistance from crime. Milton Keynes,
UK: Open University Press, Crime and Justice Series.
Hubbard, T. K., & Verstraete, B. (2016). The sex offender system: Punishing homo sacer, the
new internal enemy. In Censoring Sex Research (pp. 281-308). Routledge.
Napier, S., Dowling, C., Morgan, A., & Talbot, D. (2018). What impact do public sex
offender registries have on community safety?. Trends & Issues in Crime & Criminal
Justice, (550).
Nelken, D. (1982). Is there a crisis in law and legal ideology? Journal of Law and Society
9:177-189.
Reynolds, H. (1969). That hated stain: The aftermath of transportation in Tasmania.
Historical Studies of Australia and New Zealand, 14(53), 19–33.
Stucky, T. D., & Ottensmann, J. R. (2016). Registered sex offenders and reported sex
offenses. Crime & Delinquency, 62(8), 1026-1045.
Taylor, S. C. (2017). Community perceptions of a public sex offender registry introduced in
Western Australia. Police Practice and Research, 18(3), 275-290.
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