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25 Media L. Notes 1 (1997-1998)

handle is hein.journals/mdilwnts25 and id is 1 raw text is: 










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                        N (0)TIES

Volume 25, Number 1   Newsletter of the Association for Education in journalism and Miss Communication Law Division  Fall 1997


HEADNOTE ...

Megan's Law sex offender lists pose quandary


                           By
                         Sandra
                         Davidson
                         sdnsii
                         @digo.org

                       w University ot
                         Missouri

                         1997-98
                         Division
                         Chair


    At the AEJMC  convention on
August  1, the Law Division held a
luncheon celebrating freedom of
information. Access to information
is a subject dear to many of us
members  of the Law Division, of
course. Generally, our default
mode  attitude seems to be that
information collected by the gov-
ernment should be a matter of
public record. But privacy inter-
ests must sometimes override
access interests, and release of
faulty data may not serve the
public well.

    A controversy now surrounds
release of lists of the names and
addresses of convicted sex offend-
ers. It combines questions of both
law and ethics.

    Effective October 1997, federal
law requires each state to have a
version of Megan's Law in place
or lose federal anti-crime money.


The  term Megan's law will
appear as an entry in the upcom-
ing edition of Webster's collegiate
dictionary The law is named after
Megan  Kanka, a 7-year-old girl
raped and strangled in New Jersey
in July 1994 by a man who had
two  prior convictions for sexually
assaulting young girls and who
moved  across the street from
Megan.  In June 1997, her killer,
Jesse Tmunendequas, received a
death sentence.

    The federal Megan's law
requires a person convicted of
violent sexual crimes to register a
current address with local law
enforcement agencies and to regis-
ter a change of address within 10
days of moving into a new neigh-
borhood.  Failure to register is a
crime.

    The federal law also requires
states to perform yearly verifica-
tion. But federal law merely
requires that a designated State
law enforcement agency shall mail
a nonforwardable verification form
to the last reported address of the
persons and that the person shall
sign and return the form within
ten days. While the signed form
will say that the person resides
there, the federal law requires no
independent verification.

    In addition, the federal law


requires that the designated law
enforcement agencies release rele-
vant information that is necessary
to protect the public concerning a
specific person required to regis-
ter..  However, the details of this
release of information are left up to
the states. Some states release
information on all registered sex
offenders, while other states only
allow law enforcement agencies to
release information when they
consider a particular person to
pose a risk.

    A problem for newspapers
trying to decide whether to print
information made available under
their states' applicable Megan's
law is the accuracy of the informa-
tion. Of course, convictions are a


       Continued on page 2



       INSID ...

  CL&P  editor reflects     4
  Flag burning amendment 7
  Teaching comm.  law      10
  Legal bibliography       11
  Non-legal bibliography   14
  Division officers        19
  Southeast Colloquium     20

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