Governor David Patterson: A Rare Critic Of Megan’s Law

In the search for an understanding of New York’s new governor, here’s one more tidbit for the pile.  When it came to Megan’s Law, he was the rare rational legislator.  Sexual offender registration and notification laws – Megan’s Laws – sailed through every legislature where they were introduced.  Backed by powerful anti-crime groups (many framed, accurately or not, as child protection organizations), these bills drove potential critics into silence.  In my 2001 article, Making the Case for Megan’s Law: A Study in Legislative Rhetoric, I documented the legislative debate over these laws in both the U.S. Congress and the New York state legislature.

In the U.S. House, Megan’s Law passed by a415-3 vote – and only one Representative (Mel Watt of North Carolina) expressed any concerns about the law.  Several New York legislators felt a bit freer to articulate their anxieties about the law.  Then-Senator Paterson spoke at least once questioning the efficacy of the bill, noting that because the majority of sexual assaults occur within the home, relatively few ever result in conviction.  This small insight might seem so minor as to be unworthy of mention.  But because opposition to Megan’s Law was so politically radioactive, his willingness to offer up any critique at all was notable – for several reasons.    First, he was willing to publicly articulate concerns about a third-rail issue.  Second, his critique – ineffectiveness – was sound.  Even if Megan’s Law helped reduce recidivism among those on the rolls,  the overwhelming majority of offenders would never be convicted – and therefore never subject to Megan’s Law.  Finally, he was pragmatic – the bill was going to pass ovewhelmingly and he appears to have ultimately voted for the bill (as did all but one of his fellow critics).

This is all consistent with what we’re hearing about Paterson more generally.  Progressive and pragmatic.