One measure that's almost sure to pass in the upcoming election, as it nearly does in every other election in which it's proposed, is Proposition 83 - California's version of Jessica's Law.
The bottom line is that sex offenders spend longer in prison and, after doing so, are tracked for the rest of their lives by a law enforcement GPS monitoring system. Let me be clear: Protecting children is fundamental to our society, and I'm certainly not rising to the defense of convicted sex offenders, but Jessica's Law does have major consequences and implications that should have all of us voting "no" on Proposition 83 next month.
Statistics show that sex offenders have a high level of recidivism, meaning they are statistically likely to be repeat offenders, according to www.83yes.com. Statistics also show that pornography plays a role in 90 percent of cases involving child predators, although they aren't clear on what percentage is legal pornography and what is child pornography.
Jessica's Law is fundamentally basing punishment on statistics, which many people find to be very comforting. A law based largely on statistics, especially those regarding recidivism, is a law that's utilitarian in nature. It's designed to promote the most good for the most people in a society. Sounds splendid, right? Let's dig deeper.
The contention I have, and the problem all Americans should have, is that we're a nation based upon the writ of habeas corpus. This means that to be guilty of a crime, the state must prove it and the burden of proof lies with the state. By monitoring people for life, the government is assuming - and largely assuming correctly, statistically speaking - that these people will commit the same type of crime again.
The question we must ask ourselves is, have these people paid their debt to society when they are released from prison, or have they not? If they have, we ought to leave them alone. They are free people, the same as any other citizen. If they haven't paid their debt to society, then they shouldn't have been released from prison in the first place. If the stated goal is to protect children, and we're assuming they will commit future crimes, then it seems logical to make all sex offenses life sentences. Enact real-life sentences, not the lifetime parole, money-saving variety. You can't attack children if you're in prison.
The problem with all laws based upon statistics, and thus laws that are utilitarian in nature, is that they ignore individual rights by presupposing guilt. As a society, it sounds like a good plan to protect children with whatever means at our disposal - probably no one wants to defend convicted sex offenders - but we shouldn't step onto that slippery slope.
If you're pulled over for speeding, chances are, statistically speaking, you'll speed again. A simple way to reduce this would be to let law enforcement track every previous speeder 24 hours a day, 365 days a year with GPS monitoring so speeders would be deterred or, presumably, they would be easier to find and punish. This would make the roadways much safer.
But not every person who speeds will do it again. Not even every sex offender is necessarily going to repeat that crime.
Although Proposition 83 assumes it can, no one can guarantee what will transpire in the future.
The fundamental question we must ask ourselves as a society and individually before we vote on Nov. 7 is: Are we a people who believe in individual liberty as enshrined in the Constitution, or are we willing to cede those liberties to the government in the hopes it'll be able to protect every one of us from every imaginable harm?
Proposition 83, while well intentioned, forces us down a path that I, for one, am not willing to tread upon.
Join me in voting "no" on Proposition 83. Do it for the children and the free adults they will grow up to be.
-James Griffin is a philosophy senior.
-This column does not necessarily reflect the opinion of The Daily Aztec. Send e-mail to letters@thedailyaztec.com. Anonymous letters will not be printed - include your full name, major and year in school.
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