The Biggot In Us All

Many people may have a deep prejudice for anyone listed on a sex offender registry. The stigma of registrants went from a simple listing of constant identifiable threats to a list whereas anyone with an infraction of the word sex is a listable offense. That’s right! Offenses regardless of how significant or insignificant, have always been an integral and meshed part of the sex offender registry. It is no longer a listing of the habitual offender. Today the streakers, nudists, flashers, urinators, and sometimes masturbates in public settings are the midway point as the sex registry grows and expands.

There will always be heated debates as to what is a sex crime, which should be listed, and how that listing is to be used. But one thing is crystal clear; there is no easy solution as to what is the most credible threat of a sex offender these days thanks in part to the convoluted sex registry.

At some point, you or someone you may know has been convicted of something. Rather a traffic infraction or a serious crime, there has been some conviction that has been publically shared or encountered. However, thinking of that particular situation of, for instance, drunk driving, assault, or theft. Does that one black mark insist that the individual should be labeled for the rest of his/her life? Could you imagine a society where one drunk driving conviction would take away your driving privileges for the rest of your life? Better yet, what if there was a special license plate on a vehicle identifying the driver was convicted of a drunken driving encounter? How would you react or feel by that stigma? Better yet, does that conviction demonstrate a need that the punishment should continue for a lifetime? Well, welcome to how society has created the modern day sex offender registry. Of the one million US registrants, mostly all are first time convictions.

Mississippi is considering a DUi license plate. Ohio, Georgia and Minnesota issue DUI plates.


Additionally, most convictions are plea deals similar to those that receive plea deals for drunken driving or other criminal convictions. Before tossing out a narrative that drunk driving is far different than a sex offense; think again. Sex offender registries all across the nation have become a catalyst in adding arson, drug, homicide, and other crimes unrelated to sex crimes as a registerable public offense. Some states are currently in legislative processes to create a pet abuse registry. Sure, all these lists sound as if they serve a more significant cause of public safety. However, quite the opposite effect is taking place. These registries are not only the stigma of shaming efforts but are a threat towards liberty but also a threat to families all across this great nation.

When a state such as Alabama enacts a forced sterilization procedure for convicted sex offenders shouldn’t that alleviate the risk of ever offending again? Why not delist a potential offender from registry requirements if there is forced sterilization? Sounds like a reasonable trade-off? But Tennessee now wants to strip parental rights of registrants from their own families. Without sounding politically motivated, isn’t it the Republican Party and Libertarians that tout where the government should remain out of harm to families and protection of life? Don’t worry; the Democrats aren’t any better. They are the party of transparency, liberty, and human rights but are the first people demanding anyone “suspected” of a sex crime be put on a registry before they have a trial!? Isn’t sterilization or parental right terminations no different than abortion or a violation of the sanctity of family or the protection from divorce? I am sure evangelists will interject some rhetoric, but I warn any religion that “you can’t pick and choose the word of God.” Politics has no business managing families unless the family is in danger and has been assessed by a judge instead of a politician.

However, perhaps history has an eerie part in repeating itself through other means? Wasnt is the Nazi’s that created a list of Jewish people although they were not criminals? However, the Nazi’s deemed Jewish people criminals by enacting confusing and complicated policies. What about the Civil Rights movement? Didn’t policy and bigotry create many Jim Crow laws where African-Americans were quickly arrested for crimes that weren’t crimes? What about World War II and Japanese internment camps? What about the AIDS crisis of the 1980s when there was talk about an AIDS registry? LGBT rights where people were arrested for being gay/lesbian, What about the President of the United States that insisted on a Muslim registry? Do you see where this is going? We haven’t learned any lessons throughout history. We repeat history rebranding it as a clever marketing gimmick in the name of “public safety” and “maintaining higher morals.” There is no higher moral standard if the policy intends to do more harm than good.

Instead, there ought to be a point-blank suggestion pro-registry proponents are perhaps the torch bearers of bigotry. After all, it is demanding a listing of sex offenses without equal representation of other more serious criminal offenses that identify the cusp of prejudice. It is all about the generalization of sex and the disgust pretending to maintain Christian standards of becoming pro-registry citizens on the exterior, but in secret, these Christians prey on the internet to find their ill repute but when caught attempt to shame others claiming “they aren’t like the people on the registry!” It’s bigotry at its most elegant design and society dances around the registry as promoters of bigotry and its prejudicial issues. Prejudice is nothing more than hate filled with hate on top of hate. It doesn’t matter how you attempt to slice hate as a choice. It is still hating if you believe it should happen to others but not to you. If you want to fix something, then you find a solution to sustain help, with programs, and education. Instead, all we have over the past several decades is a hate list that keeps filling up; not because of sex crimes. Its because America wants to keep adding hate so that other people will hate too.

Criminal Records Reforms: Questionable Outlook

Let’s suppose that you are an American and want to view a criminal record from a long time ago. Some states enacted Sunshine laws that allow anyone to see a criminal record typically located by the state agency that oversees incarceration, probation, or criminal convictions. Other states may not have an open source of documents and require a few simple steps for requests. But there are plenty of information hubs on the internet that track citizens down quicker than a boy puttin’ on pants at a girlfriends’ house when her dad pulls up in the driveway.

Sunshine law (noun): a law requiring certain proceedings of government agencies to be open or available to the public.

But with all the talk and noise about justice reform, and it is a very valid argument, there must be room to discuss the bigger picture. Our nation is made up of laws that we as citizens must abide by. In contrast, as a nation founded upon capitalism, it is businesses that have a differing set of policies and regulation. For example, many towns and municipalities have begun implementing the “ban the box” initiative for job applicants with a criminal conviction. Just because it passes doesn’t mean that companies will follow it. Before ban the box, some policies automatically waivered criminal convictions over ten years old. Yet, companies continued to skirt its implemented plan just because it could. Companies have the prerogative to act any way it chooses as long as it follows the law. But companies well aware of undetected methods embracing the at-will employment clause as its permanent and unchallenged safety net.

Ban the Box is the name of an international campaign by civil rights groups and advocates for ex-offenders, aimed at removing the check box that asks if applicants have a criminal record from hiring applications.

If justice reforms miraculously passed tomorrow by the legislature of the State of Anywhere, it could never be useful towards a real clean slate. The internet, search engines, databases, unofficial registries, mugshots, news articles, social networking, tax records, and transparent sunshine laws will forever keep a tarnish on most measures in real criminal records reforms.

If the registry somehow became a police only tool, it would manifest similar to how Colorado provides a printout to anyone that asks. Additionally, the U.S. SMART office maintains a federalized database linked to state, federal, and international sharing platforms. As long as these tools remain in effect allowing third parties to capture, query, or possibly exploit information, then justice reforms will somewhat be stuck in the mud for decades to come.

The Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) provides jurisdictions with guidance regarding the implementation of the Adam Walsh Act, and providing technical assistance to states, territories, Indian tribes, local governments, and to public and private organizations. Individuals found responsible and sanctioned for university or college campus sexual misconduct policy violations will begin importing information even if no criminal charges are assessed.

If you are against the sex registry or public criminal records exposing felony convictions from decades ago, I support your efforts and stand by you. But ridding of the public registry and/or criminal databases has a major stuck point. Our nation has allowed tax records, social security information, job applications with sensitive family information, genealogy networks, credit reporting, banking records, and police records to be stored on cloud networks and collocation servers with data continually exposed and maintained without applicable laws to protect it’s present or future. If a telemarketer from a foreign country can call home with all your relevant information today leaving you with few options to stop spam calls, imagine a world where those same calls become services providing avenues of information no longer available if a registry or criminal database is closed to the public. Inevitably society and companies will find a workaround.

The days of “do the crime, pay with time” are long gone. They have been replaced with “we keep a list, so you won’t be missed.” I have repeatedly suggested that crime does pay in America. Criminal justice and the legal system will always be an enterprise state monopoly creating layer upon layer of bureaucracy. Yes, there are bad people out there that do bad things — but eliminating a specific stigma to discover data resides elsewhere will remain a constant issue as long as information connectivity of warehoused data remains infinitely searchable.

While transparency will undoubtedly be contentious in justice reform legislation so will discussions on how to address criminal records reforms. The lobbying of many well-funded businesses, victim advocacy organizations, and corporations that partner providing sale and services certainly will be armed and ready to viciously defend justice reforms is an attack on companies. Currently, the analytics of law and social policy do not align nor will in the short term. To rid of a mammoth service with ample support backing the current conditions combined with the complexity of laws, safety provisions, and states rights has disaster written all over it. It is not to suggest throwing in the towel. Instead, it should be interpreted with the discovery of a practical method of middle ground of compromise allowing a format for diplomatic discussions to continue.

Perhaps a cautionary warning is what I am suggesting. There is a common adage of “be careful what you wish for” to be applied here. Bellowing out the injustices of registries or criminal records without an alternative may allow the rearing its ugly head of something much more catastrophic. As smart device applications, facial recognition software, vehicle telematics, augmented reality, RFID, NFC, and other technologies surpass traditional web-based platforms, the registry and similar criminal records databases may be headed towards a new frontier that could arguably evince registry styled platforms as practical for the time being.

Dwayne Daughtry is a Ph.D. student of Public Policy and Research Fellow at Liberty University in Lynchburg, Virginia. Dwayne graduated with a master’s degree of public policy from The University of South Dakota where he was a research analyst assigned to the federal government for compliance and ethical review. He is a graduate of Arizona State University and has certifications in database, archival, non-profit, and “white hat” vulnerability systems administrations.

%d bloggers like this: