I came across this article and I started to think about it from an halachic perspective. Again, remember, this blog constitutes pitputim. These are just thoughts, and mostly not researched in the way I would an academic post or lehavdil some Chidush I thought I might discover in Torah.
One key to maintaining a safe Jewish society would appear to be to protection from “dangerous entities”. This stands behind even the most basic D’Orayso command of Lifnei Iver — placing a stumbling block. I’m not even going into Rodef, which is a “live danger”.
But what about a registry? Is a person to be noted formally forever after if they have committed disgraceful acts such as child molestation? The argument for, is cogent. We don’t (yet) know enough about the Gene vs Environment argument to be sure and when in doubt one errs in favour of potential victims. What about other acts? Do we start a register of wife bashers? What about husbands who have affairs beyond the pale of acceptable halacha? Do we exclude those who think they’ve been “wronged”. What about the classical Mechallel Shabbos B’farhesya (the public antagonistic shabbat desecrator). In days of yore, people knew who they were. There was a quasi register. Some considered them forbidden to perform various functions (e.g. the Priestly blessings — we don’t follow that today as per the cogent arguments of Centrist Gedolim like Mori V’Rabbi R’ Schachter), or their touching of Kosher wine (non Mevushal).
I don’t know the answer(s) to these questions and categories nor if there has been an halachic study in this regard. Certainly Chazal used to perform lashings (Makas Mardus) to punish offenders whose crime was not at the brazen level of a full prohibition requiring formal Malkus.
Despite many claiming that incarceration is not a Jewish Concept (Orey Miklat anyone?), I remember hearing a Shiur some 25 years ago from a Talmid Chacham who brought many Mekoros from Rishonim and Acharonim which suggested that it was used. Alas, my memory recalls little more than his suggestions. I did find this article, for what it’s worth. Happy to be enlightened.
One thing is without any doubt. Having performed a serious sin(s), the sinner is not “free” from their obligations to perform Mitzvos, even if they rationalise it in their head, and even if their presence in a Minyan may sicken other members of the Minyan (שמעתי ממו׳ור הרה׳ג ר׳ צבי שכטר)
pitputim 