Fox16.com : Law to keep sex offenders away from school fails.
Arkansas - A push to crack down on sex offenders on school campuses failed at the capitol. Legislators in the Senate say the bill could unfairly target the wrong people.
Representative Donna Hutchinson's bill would require offenders to be chaperoned if they're on campus. She told the Senate judiciary committee it also targets teachers who abuse their students. But committee members questioned specifically which offenders the bill targets. That's something even Hutchinson struggled with. "We acknowledge that labeling these predators is a little fuzzy and none of us quite understand it."
That fuzziness did not sit well with the committee, one that's known for killing bills for lack of clarity. This bill failed without a vote.
"I think they were thinking more about that small minority in the second level that will never commit a crime again but when you're making law you can't do that."
Clearly, this woman is an idiot who thinks it is perfectly fine to punish and banish an entire group of citizens because some of them MIGHT re-offend. We urge all readers to contact her office at: Phone: 479-876-6011 eMail: hutchinsond@arkleg.state.ar.us
Monday, April 6, 2009
Murders of Sex Offenders Increasing
Sexoffenderresearch.blogspot.com : Murdered in the United States - 2008: Registered Sex Offenders.The 2008 year was the worst year ever for deaths of Registered Sex Offenders (RSOs). Of those murdered or killed, not in jails, prisons or civil commitment centers, the most dangerous state is Florida where 5 persons were murdered. PA and TX reported 3 each, CA, MD, MA, NC, and TN each reported 2. AZ, CO, DE, GA, IL, IN, IO, KS, KY, ME, MO, NM, NY, UT, WA each reported 1.
Allen Hunt Show - Sex Offender Law
Allen Hunt Show - Show Description : A Federal Judge must agree with me because this past week he shot down a law requiring registered sex offenders from living 1000-feet from where kids congregate as being unconstitutional. Finally! Do we not realize that if we let these people out of prisons, we owe it to them to reestablish themselves in society. How does it help anyone forcing them "underground." Join the conversation as we look at forgiveness and redemption for people who rarely get it. (See also related show links below this story)
Download MP3 file here. Alternate Link here.
Or here.
The Scarlet Letter: Halloween Version (video):
Download MP3 file here. Alternate Link here.
Or here.
The Scarlet Letter: Halloween Version (video):
Sunday, April 5, 2009
Woman Falsely Listed As Sex Offender for 5 yrs
kbmt12.com : DPS Accidentally Posts Woman's Name As Sex Offender For 5 Years.
Ft. Worth, Texas (AP) - The Texas Department of Public Safety has apologized for posting a Dallas woman's name and photo erroneously on the state's sex offender Web site for nearly five years.
She said she's consulting with lawyers about what her next move should be, if any. Her name apparently was posted on the Web site in 2003. That's when the then-13-year-old girl was detained on a minor trespassing complaint.
Now 20, Marquez said she learned of her listing when she tried to rent a new apartment and the management denied her application. They cited her status as a registered sex offender. Marquez is a mother of two and a criminal justice student at Remington College in Garland.
Ft. Worth, Texas (AP) - The Texas Department of Public Safety has apologized for posting a Dallas woman's name and photo erroneously on the state's sex offender Web site for nearly five years.
She said she's consulting with lawyers about what her next move should be, if any. Her name apparently was posted on the Web site in 2003. That's when the then-13-year-old girl was detained on a minor trespassing complaint.
Now 20, Marquez said she learned of her listing when she tried to rent a new apartment and the management denied her application. They cited her status as a registered sex offender. Marquez is a mother of two and a criminal justice student at Remington College in Garland.
Supreme Court Delays Release of Sex Offenders
Politonomist.com : Obama Delays Release of Sex Offenders.
Chief Justice John Roberts on Friday granted a request of U.S. President Barack Obama to block the release of up to 77 sex offenders; some of the 77 offenders in question were set to be released as early as next week without this intervention by the U.S. Supreme Court. The federal appeals court in Richmond, Virginia, previously invalidated a law allowing indefinite incarceration of perceived “sexually dangerous” inmates.
When Congress enacted a law permitting the indefinite commitment of sex offenders, the 4th U.S. Circuit Court of Appeals claimed that the decision was beyond the bounds of Congressional powers. The appeal was brought forth by several convicted sex offenders: four men serving terms of three to eight years for a variety of charges, such as possession of child pornography or sexual abuse of a minor. Though the four men were due to be released over two years ago, their incarceration was extended due to a perceived risk of repeat offending.
Keeping an inmate in prison one year past his parole date costs about $30,000, versus $800 for a year of parole.
Chief Justice John Roberts on Friday granted a request of U.S. President Barack Obama to block the release of up to 77 sex offenders; some of the 77 offenders in question were set to be released as early as next week without this intervention by the U.S. Supreme Court. The federal appeals court in Richmond, Virginia, previously invalidated a law allowing indefinite incarceration of perceived “sexually dangerous” inmates.
When Congress enacted a law permitting the indefinite commitment of sex offenders, the 4th U.S. Circuit Court of Appeals claimed that the decision was beyond the bounds of Congressional powers. The appeal was brought forth by several convicted sex offenders: four men serving terms of three to eight years for a variety of charges, such as possession of child pornography or sexual abuse of a minor. Though the four men were due to be released over two years ago, their incarceration was extended due to a perceived risk of repeat offending.
Keeping an inmate in prison one year past his parole date costs about $30,000, versus $800 for a year of parole.
OK Sex Offenders Decry Classification System
newsok.com : Oklahoma sex offenders decry classification system.
The number of Oklahoma sex offenders saddled with lifetime registration has doubled since 2007, when state officials implemented a classification system to come into compliance with the federal Adam Walsh Act, which increased the federal government’s role in dealing with convicted sex offenders.
Some local attorneys say it has resulted in harsher treatment of such offenders. "These people are living just in absolute terror,” attorney Mark Bailey said. "The rules have been changed on them.”
Bailey said he has been approached by a number of people with sex-related convictions in their distant past who recently have been notified they must register with authorities, most for the rest of their lives.
He said the stigma of being branded sex offenders keeps people from speaking out about the recently enacted registration requirements.
William Farmer isn’t so shy. He condemned the restrictions that have hampered one of his relatives for a decade, since he was convicted of indecent exposure in 1999. Farmer said the man was drunk when he urinated on the side of his truck in the view of two women, but that shouldn’t brand him a sex offender. "He is not a danger to society,” he said.
The Choctaw resident complained the state is not doing enough to differentiate between dangerous sex offenders and people who made a stupid mistake. "They’re lumping them all in the same basket,” he said.
Lifetime registration
The law that went into effect in November 2007 requires authorities to evaluate everyone convicted of a sex offense since 1989, assigning each one a tier in the new classification system. Tier 1 offenders must register for 15 years; tier 2 for 25 years and tier 3 for life. Most of the state’s 6,000-plus convicted sex offenders fall into the latter category, state Corrections Department officials said.
Sex offenders considered aggravated or habitual were subject to lifetime registration before the tier system was enacted, said Jim Rabon, who oversees the sex offender registration program. Those offenders used to make up about 40 percent, he said. Now more than 80 percent are subject to lifetime registration.
Bailey said there should be more tiers to encompass the range of people who committed crimes classified as sex offenses. Many are not sexually dangerous, he insists, but guilty only of bad behavior. He said the assessment is based on the charge of conviction, not the circumstances that led to it. It doesn’t consider how likely someone is to commit further sex crimes. "That’s not the way it’s supposed to be,” he said.
Oklahoma’s classification guidelines (before Adam Walsh Act) were created by a committee that included prosecutors, counselors and victim advocates. Tulsa counselor Randy Lopp said the state’s assessment tool meets the requirements of the Walsh Act, but he acknowledged it is not the best way to classify sex offenders.
Lopp, who is head of the Oklahoma Coalition for Sex Offender Management, said offenders should be classified according to their risk level rather than their offense of record.
"This belief is based on accepted research in the field that indicates (75) percent of sexual offenders are not re-arrested over a 15-year period,” he wrote in an e-mail to The Oklahoman.
Richard Kishur, an Oklahoma City counselor who specializes in treating sex offenders, said ideally sex offenders should be evaluated before they are sentenced, to determine if they are a risk to re-offend.
The number of Oklahoma sex offenders saddled with lifetime registration has doubled since 2007, when state officials implemented a classification system to come into compliance with the federal Adam Walsh Act, which increased the federal government’s role in dealing with convicted sex offenders.
Some local attorneys say it has resulted in harsher treatment of such offenders. "These people are living just in absolute terror,” attorney Mark Bailey said. "The rules have been changed on them.”
Bailey said he has been approached by a number of people with sex-related convictions in their distant past who recently have been notified they must register with authorities, most for the rest of their lives.
He said the stigma of being branded sex offenders keeps people from speaking out about the recently enacted registration requirements.
William Farmer isn’t so shy. He condemned the restrictions that have hampered one of his relatives for a decade, since he was convicted of indecent exposure in 1999. Farmer said the man was drunk when he urinated on the side of his truck in the view of two women, but that shouldn’t brand him a sex offender. "He is not a danger to society,” he said.
The Choctaw resident complained the state is not doing enough to differentiate between dangerous sex offenders and people who made a stupid mistake. "They’re lumping them all in the same basket,” he said.
Lifetime registration
The law that went into effect in November 2007 requires authorities to evaluate everyone convicted of a sex offense since 1989, assigning each one a tier in the new classification system. Tier 1 offenders must register for 15 years; tier 2 for 25 years and tier 3 for life. Most of the state’s 6,000-plus convicted sex offenders fall into the latter category, state Corrections Department officials said.
Sex offenders considered aggravated or habitual were subject to lifetime registration before the tier system was enacted, said Jim Rabon, who oversees the sex offender registration program. Those offenders used to make up about 40 percent, he said. Now more than 80 percent are subject to lifetime registration.
Bailey said there should be more tiers to encompass the range of people who committed crimes classified as sex offenses. Many are not sexually dangerous, he insists, but guilty only of bad behavior. He said the assessment is based on the charge of conviction, not the circumstances that led to it. It doesn’t consider how likely someone is to commit further sex crimes. "That’s not the way it’s supposed to be,” he said.
Oklahoma’s classification guidelines (before Adam Walsh Act) were created by a committee that included prosecutors, counselors and victim advocates. Tulsa counselor Randy Lopp said the state’s assessment tool meets the requirements of the Walsh Act, but he acknowledged it is not the best way to classify sex offenders.
Lopp, who is head of the Oklahoma Coalition for Sex Offender Management, said offenders should be classified according to their risk level rather than their offense of record.
"This belief is based on accepted research in the field that indicates (75) percent of sexual offenders are not re-arrested over a 15-year period,” he wrote in an e-mail to The Oklahoman.
Richard Kishur, an Oklahoma City counselor who specializes in treating sex offenders, said ideally sex offenders should be evaluated before they are sentenced, to determine if they are a risk to re-offend.
Saturday, April 4, 2009
Are Current Approaches Counterproductive?
Law & Psychiatry: Sex Offenders in the Community: Are Current Approaches Counterproductive?
Paul S. Appelbaum, M.D., American Psychiatric Association
This column examines laws aimed at preventing sex offenders from reoffending and court challenges to those laws. All states have enacted registration and community notification requirements. More than 20 states and hundreds of municipalities now restrict where sex offenders can live. In many states, public disclosure of registration information is not limited to predatory offenders, but instead includes everyone convicted of a sexually related offense. The author argues that draconian approaches will likely not achieve the goal of protecting the public and that they divert limited resources from other law enforcement needs.
Paul S. Appelbaum, M.D., American Psychiatric Association
This column examines laws aimed at preventing sex offenders from reoffending and court challenges to those laws. All states have enacted registration and community notification requirements. More than 20 states and hundreds of municipalities now restrict where sex offenders can live. In many states, public disclosure of registration information is not limited to predatory offenders, but instead includes everyone convicted of a sexually related offense. The author argues that draconian approaches will likely not achieve the goal of protecting the public and that they divert limited resources from other law enforcement needs.
Defects in the Adam Walsh Act
Brandishing the Mark of Cain: Defects in the Adam Walsh Act
(registration required)
Joseph L. Lester, Professor of Law, Faulkner University
Considers sex offender registration requirements under the federal Adam Walsh Act. “Because the social stigma is so great,” he argues, “the brush used to mark sex offenders needs to be precise. Not every person convicted of a sex crime should be designated as a sex offender.” The Adam Walsh Act, however, uses overly broad categories and provides no process by which individual sex offenders can show that they are not so dangerous as to require registration. The author argues in favor of new procedures that would involve asking a jury to determine whether an offender is likely to reoffend before registration is required.
American and Canadian Approaches to Sex Offenders
A Study of the Politics of Dangerousness
(registration required)
Michael Petrunik, Adjunct Professor of Criminology, University of Ottawa; Adjunct Professor of Sociology, Carleton University
Canada has followed a markedly different path than the United States in developing legal responses to sex crimes. Criminologists Michael Petrunik and Lisa Murphy and psychiatrist J. Paul Federoff recount the Canadian experience and suggest reasons why the United States has moved so much more quickly to a “community protection” model, which emphasizes risk assessment and management over both treatment and individual due process rights. The authors also question the effectiveness of community notification laws and other measures that have been adopted in the name of community protection. They argue instead for expanded use of “community support and accountability reintegration programs,” which have been used with success in Ontario.
From Wetterling to Walsh: The Growth of Federalization in Sex Offender Policy
(registration required)
Richard G. Wright, Assistant Professor of Criminal Justice, Criminal Justice Department, Bridgewater State College
Criminologist Richard Wright argues that Congress has not relied on “research and reason” in adopting new sex offender laws. He examines the national experience with sex offender registration and notification laws prior to the Adam Walsh Act and finds a “lack of empirically demonstrated efficacy, untold financial costs, and faulty promises of sexual assault prevention.” Congress nonetheless greatly expanded registration and notification requirements in 2006 through its adoption of the Walsh Act. The author contends that this new statute, like earlier sex offender laws, is likely to produce a variety of unintended consequences, including significant new fiscal burdens on local-level government, vigilante attacks against offenders, and increased difficulty for offenders in becoming rehabilitated.
(registration required)
Joseph L. Lester, Professor of Law, Faulkner University
Considers sex offender registration requirements under the federal Adam Walsh Act. “Because the social stigma is so great,” he argues, “the brush used to mark sex offenders needs to be precise. Not every person convicted of a sex crime should be designated as a sex offender.” The Adam Walsh Act, however, uses overly broad categories and provides no process by which individual sex offenders can show that they are not so dangerous as to require registration. The author argues in favor of new procedures that would involve asking a jury to determine whether an offender is likely to reoffend before registration is required.
American and Canadian Approaches to Sex Offenders
A Study of the Politics of Dangerousness
(registration required)
Michael Petrunik, Adjunct Professor of Criminology, University of Ottawa; Adjunct Professor of Sociology, Carleton University
Canada has followed a markedly different path than the United States in developing legal responses to sex crimes. Criminologists Michael Petrunik and Lisa Murphy and psychiatrist J. Paul Federoff recount the Canadian experience and suggest reasons why the United States has moved so much more quickly to a “community protection” model, which emphasizes risk assessment and management over both treatment and individual due process rights. The authors also question the effectiveness of community notification laws and other measures that have been adopted in the name of community protection. They argue instead for expanded use of “community support and accountability reintegration programs,” which have been used with success in Ontario.
From Wetterling to Walsh: The Growth of Federalization in Sex Offender Policy
(registration required)
Richard G. Wright, Assistant Professor of Criminal Justice, Criminal Justice Department, Bridgewater State College
Criminologist Richard Wright argues that Congress has not relied on “research and reason” in adopting new sex offender laws. He examines the national experience with sex offender registration and notification laws prior to the Adam Walsh Act and finds a “lack of empirically demonstrated efficacy, untold financial costs, and faulty promises of sexual assault prevention.” Congress nonetheless greatly expanded registration and notification requirements in 2006 through its adoption of the Walsh Act. The author contends that this new statute, like earlier sex offender laws, is likely to produce a variety of unintended consequences, including significant new fiscal burdens on local-level government, vigilante attacks against offenders, and increased difficulty for offenders in becoming rehabilitated.
Analysis of Sex Offense Recidivism
Empirical Analysis of Sex Offense Recidivism (PDF)
This report is a summary of a research article forthcoming in the peer-reviewed scientific journal Justice Quarterly.
Levenson, J. S., Letourneau, E., Armstrong, K., & Zgoba, K. (2009, in press). Failure to register as a Sex Offender: Is it associated with recidivism? Justice Quarterly.
Purpose:
In 2006, the Adam Walsh Act was passed, lengthening registration periods, requiring more frequent updating of registrant information, and expanding the number of sex offenders to whom notification requirements apply. The Adam Walsh Act (AWA) also increased penalties for sex offenders who fail to comply with registration obligations. The purpose of this study was to investigate the relationship between failure to register as a sex offender and subsequent recidivism. We sought to determine whether, as a group, sex offenders who failed to register differed significantly from compliant registrants on relevant risk variables.
Conclusions:
The current study indicates that sex offenders who fail to comply with registration are not more apt to reoffend sexually, but substantial resources are spent for enforcement, and, as required by the Adam Walsh Act, to incarcerate violators.
This report is a summary of a research article forthcoming in the peer-reviewed scientific journal Justice Quarterly.
Levenson, J. S., Letourneau, E., Armstrong, K., & Zgoba, K. (2009, in press). Failure to register as a Sex Offender: Is it associated with recidivism? Justice Quarterly.
Purpose:
In 2006, the Adam Walsh Act was passed, lengthening registration periods, requiring more frequent updating of registrant information, and expanding the number of sex offenders to whom notification requirements apply. The Adam Walsh Act (AWA) also increased penalties for sex offenders who fail to comply with registration obligations. The purpose of this study was to investigate the relationship between failure to register as a sex offender and subsequent recidivism. We sought to determine whether, as a group, sex offenders who failed to register differed significantly from compliant registrants on relevant risk variables.
Conclusions:
The current study indicates that sex offenders who fail to comply with registration are not more apt to reoffend sexually, but substantial resources are spent for enforcement, and, as required by the Adam Walsh Act, to incarcerate violators.
Friday, April 3, 2009
Is Megan's Law Worth It?
Schneier.com : Is Megan's Law Worth It?
A study from New Jersey shows that Megan's Law—laws designed to identity sex offenders to the communities they live in—is ineffective in reducing sex crimes or deterring recidivists.
The study, funded by the National Institute of Justice, examined the cases of 550 sex offenders who were broken into two groups—those released from prison before the passage of Megan's Law and those released afterward.The researchers found no statistically significant difference between the groups in whether the offenders committed new sex crimes.
Similarly, the researchers found no significant difference in the number of victims of the two groups. Together, the offenders had 796 victims, ages 1 to 87. Most of the offenders had prior relationships with their new victims, and nearly half were family members. In just 16 percent of the cases, the offender was a stranger.
One complicating factor for the researchers is that sex crimes had started to decline even before the adoption of Megan's Law, making it difficult to pinpoint cause and effect. In addition, sex offenses vary from county to county, rising and falling from year to year.
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