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60 Alb. L. Rev. 1081 (1996-1997)
The Scarlet Letter Laws of the 1990s: A Response to Critics

handle is hein.journals/albany60 and id is 1097 raw text is: ARTICLES THE SCARLET LETTER LAWS OF THE 1990s: A RESPONSE TO CRITICS Daniel L. Feldman' I. THE Ex POST FACTO PROHIBITION AS THE CENTRAL ISSU E . . . . . . . . . . . . .. .. . . . . . .. . . . .. . . . . . . . II. WHICH DEFINITION OF PUNISHMENT? .......... A. Mendoza-Martinez ...................... B. The Halper Rule-Excessiveness .......... ...1083 ... 1087 ...1087 ... 1089 C. The Historical Approach ..................... 1094 D. Punishment Despite Full Justification? ......... 1097 E. Does Non-punitive Usefulness Justify the Burden? . 1100 III. INTENTS AND EFFECTS .......................... 1101 A. Usefulness of Notification Laws ................ 1103 1. Treatm ent ............................. 1104 2. Recidivism Rates ........................ 1104 3. Community Safety Impact ................. 1105 4. Wrong Target? .......................... 1106 5. Flight and Refusal to Register .............. 1107 6. False Sense of Security ................... 1108 7. Safety Benefit Is Real .................... 1109 B. Burden on the Offender ...................... 1109 * New York State Assemblyman, 45th District (Brooklyn). B.A., Columbia University, 1970; J.D., Harvard Law School, 1973. Mr. Feldman was elected to the New York State Assembly in 1981 and has chaired its Committee on Correction since 1987. He is Legislative Editor and co-author of New York Criminal Law (West Publishing Company, 1996), author of two other books and numerous articles on law and government, and a member of the Editorial Board of Public Administration Review. He has taught American public law and government since 1977 at Brooklyn Law School, NYU, and other colleges and universities. Mr. Feldman thanks Ms. Mindy Bockstein for her unstinting and highly effective research assistance, without which the fate of this Article, and indeed of New York's Megan's Law itself, would have been much more doubtful. 1081

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