Public Safety and Privacy
May 28, 2012
Laws concerning public safety and the privacy of individuals contradict one another. A question arises from the situation in regard to whether public safety or individual privacy receives a higher priority based on situations that are individualistic. Although the Fourth Amendment provides protection for the citizens of the United States, there is room for occurrences of crime although the amendment reduces law enforcement’s efforts at crime reduction methods and access to evidence. During the last decade, the Supreme Court ...view middle of the document...
Five individuals (Eliezer Cintron, Nelson Cordero, Dwayne Glover, Marko Ivesic, and Francis Jackson) have convictions, which include counts of child endangerment by way of unlawful imprisonment. On July 25, 2006, these individuals were seeking relief from their obligation of registering as sex offenders in accordance to the Sex Offender Registration Act (SORA). These individuals believe SORA is unconstitutional whereas The People oppose individuals’ applications for exemption from the SORA registration requirements (Tallmer, 2012).
The passing of SORA by the New York Legislature took place in 1995 and became effective on January 21, 1996. The first section of the laws, which enacts SORA, entitles Legislative purpose or findings states the registering of sex offenders is proper exercise on the state’s police power that regulates present and ongoing conduct. By registering sex offenders, law enforcement officials receive additional information critical in resolving sexual abuse incidents while also preventing further sexual victimization. When necessary, law enforcement personnel would have the means of alerting the public to provide better continued protection of community members. Therefore, the policy allows the state to comply with the federal crime control act by mandating sex offenders to register and releasing certain information about the registrants to the public (Tallmer, 2012).
Eliezer Cintron’s prior convictions consist of possession of cocaine, child endangerment, and unlawful imprisonment. Cintron kept his two children and his girlfriend inside the apartment. Although Cintron did not engage in any sexual behavior, any charge of unlawful imprisonment involving a minor, and a nonparent is a criminal offense subject to SORA (Tallmer, 2012).
Francis Cordero’s prior convictions consist of first degree burglary and second degree unlawful imprisonment. Cordero broke into the residence of his former wife and forced a 15-year-old boy and his son into a bathroom prior to tying up the 15-year-old with rope. Although there were no allegations of the 15-year-old getting assaulted sexually, Cordero has to register as a sexual offender for purposes of SORA (Tallmer, 2012).
Dwayne Glover’s prior convictions consist of second degree attempted murder, first degree robbery, and first degree unlawful imprisonment. Glover an apartment building armed with a loaded firearm while imprisoning the residents for approximately seven hours. The residents present were a 12-year-old child, two women, and a six-year-old male who Glover told to lie on a bedroom floor. No sexual conduct took place; however, Glover was not the parent of the imprisoned child, which requires him to register under SORA (Tallmer, 2012).
Marko Ivesic prior convictions consist of a guilty plea for second degree kidnapping and first degree unlawful imprisonment. Ivesic broke into his brother-in-laws residence...