We now have added "Informational Posts" which are tidbits of information that may come in handy at some point.
Showing posts with label 2006. Show all posts
Showing posts with label 2006. Show all posts

Specialization and Persistence in the Arrest Histories of Sex Offenders: A Comparative Analysis of Alternative Measures and Offense Types

National 2006: NCJ 214926

This study examined the arrest patterns and cycles of sex offenders to test the assumption that sex offenders are a highly specialized and persistent type of offender.

NCJRS Abstract:

Results indicated that as a group, sex offenders were neither particularly persistent nor specialized in their criminal activities. The majority of sex offenders (60 percent) had only one arrest for a sex crime in their criminal histories and only 5 percent of the sample had exclusively sex related arrests.

When the different types of sex offenders were examined, child molesters displayed the most specialization but the degree of specialization was still rather weak when compared to other types of offenders, such as property offenders. The findings suggest that contrary to their public perception as serial sexual predators, the arrest patterns of offenders arrested for rape and child molestation do not indicate specialization or persistence in sexual offending.

The results have implications for the numerous crime control policies that are premised on the assumption that sex offenders are persistent and specialized offenders. In particular, the authors note that sex offender registry and notification policies are unlikely to decrease sexual victimization.

Data on over 38,000 offenders, including approximately 10,000 male sex offenders, who were released from prisons in 15 States in 1994 were originally collected through the U.S. Department of Justice and the Bureau of Justice Statistics and are now available as a dataset from the Inter university Consortium for Political and Social Research at the University of Michigan.
Note: including approximately 10,000 male sex offenders, who were released from prisons in 15 States in 1994 that note is referring to "Recidivism of Sex Offenders Released from Prison in 1994"
Data include both State and Federal Bureau of Investigation records of arrests and prosecutions; data were collected for the three most serious charges at each arrest date and were statistically analyzed. Future studies should attempt to replicate the results using self-report and arrest data. Tables, notes, references. ..NCJRS Source.. by Terance D. Miethe ; Jodi Olson ; Ojmarrh Mitchell



Sage Abstract:
A basic assumption underlying current public policy and crime-control efforts is that sex offenders are highly specialized and persistent. Using national data on about 10,000 sex offenders released from prison in 1994, this study explored this assumption by comparing the arrest patterns and cycles of sex offenders and other offenders.

As a group and across various measures, sex offenders had low levels of specialization and persistence in offending in absolute and relative terms. Similar conclusions were reached when specific types of sex offenders (e.g., rapists, child molesters) were compared with other particular offenders (e.g., robbers, burglars, drug offenders), but the results were more measure dependent.

Even among persistent serial sex offenders, rapists and child molesters were found to specialize only within a more predominant pattern of versatility across their criminal careers.

These results are discussed in terms of their implications for future research and current public policy that are predicated on assumed specialization and persistence among sex offenders. ..Sage Source.. by Terance D. Miethe ; Jodi Olson ; Ojmarrh Mitchell (Brief Abstract as compared to NCJRS Abstract)

Scapegoats and Shunning

March 2006:

Progressives in America are rightly concerned about increasing signs of fascism in this country, such as a so-called war on terrorism that
allows massive invasion of privacy and wholesale imprisonment without charge; such as state manufacture of propaganda for its own
people; such as the assertion that anyone who challenges government policies on these matters is a traitor; such as a "great leader" who puts himself clearly above and outside the law. They ought to be concerned also about another sign of the demise of American justice and human decency: scapegoating. One sign of fascism has always been the creation of a scapegoated class whom people are taught to fear and hate, and whose very existence demands a totalitarian state apparatus of surveillance and control. A class whom no-one would dare defend.

There is a class of people in America today, numbering two million or more, who have been utterly scapegoated, ostracized, demonized and shunned. There is no longer any defense available for these people. Almost no-one on the left or the right, civil libertarians or ordinary citizens, will defend their rights. They are regularly vilified with the most vicious and hate-filled language–language previously reserved for classes now protected: Jews, Blacks, homosexuals. They are fair game as targets of abuse and vandalism. They are subject to utter public scorn. About 600,000 of them have been rounded up and forced to register–many soon to be monitored for life with electronic bracelets and global positioning devices. Nearly 4000 have been locked up for life, not on criminal charges, but by civil commitment, and those numbers are growing by the day. The remainder are mostly in hiding, desperately afraid of sudden exposure and witch hunts by neighbors, fellow-workers and friends, whom they fear will suddenly see them as monsters beyond redemption. They are a class defined not by specific crimes (though they are accused of many offenses) but by their very being, their desires, their constitution, as allegedly broken human beings. Presidents and Governors call them "despicable," "disgusting," "incapable of rehabilitation or reform," "beyond help." They are loudly reviled as examples to be shunned by fundamentalist and bigoted preachers, but also by left-wing media, progressive community leaders and feminists.

Who are these scum? Arab terrorists? Muslim fanatics? No–those evil-doers appear almost benign when compared to this heinous mob. These are the most awful people in the world: SEX OFFENDERS! Worse, many are PEDOPHILES! In fact, these two terms become mingled. Jeb Bush recently alluded to all the sex offenders in Florida as child molesters, though fewer than 1/3 of those incarcerated in that state for "sex crimes" involved people under 18. Bush went on, "These are a group of people who are the sickest of the sick. They are truly perverts and it’s not curable. Instead of civil detention, we ought to make sure…these pedophiles…are locked up forever."

Of course among these sex offenders are indeed some criminals who have caused extreme harm: violent rapists of adult women as well as children. A few of them have kidnapped, tortured or murdered their victims. Dr. Fred Berlin of the Johns Hopkins University Sex Disorders Clinic in Baltimore estimates that such crimes account for less than 1/10th of 1% of all sex offenses in America. His studies also show that fewer than 10% of child sex offenders re-offend–though recidivism is usually given as a reason for draconian measures against them. As child abuse experts point out, about 50 children are reported kidnapped and raped or murdered by strangers annually, compared to more than 3,000 children murdered by parents and other family members in non-sexual cases. Most sex offenders, says one therapist who works with sex offenders in a state prison system, are "Gentle grandfathers who made one mistake in judgment years ago and fondled their grandchild. Or lonely, geeky gay men–teenagers some of them–who sought mutual sexual release with adolescent boys. Or young female teachers who succumbed to the wiles of handsome adolescent boys or girls. Or young men who got drunk and pushed their girlfriends over a line that is now called date rape." Yet the media, police, prosecutors and politicians continue to insist that children are in dire need of protection from serial rapists and murderers. Two-thirds of parents surveyed said they feared their children would be kidnapped and or murdered by strangers. Facts simply do not matter when hysteria is involved.

Study after study of sex offenders–as well as the countless media exposés–insist that most sex offenders are ordinary men and women from all walks of life, indistinguishable from others in every way except their sexual desires or orientation. The New York Times recently published a sensational story about a teenage boy who went on line to entice more than 15,000 customers to watch his own pornographic images of himself. The Times reporter, acting less like a reporter and more like a crusading cop, coaxed the boy away from his life of debauchery, reminding him he would instantly switch from "victim" to "perpetrator" when he passed his 18th birthday. (Actually, those under 18 may be treated as perpetrators, too.) He helped get the boy to the FBI to close in on many of his key customers, whom the Times had further investigated on its own. These customers included police officers, lawyers, ministers, rabbis, social workers–and especially those who work with children and adolescents. Many also were parents and grandparents with ostensibly happy families of their own. Surely one sign that something is wrong with this picture is that the "heinous criminals" are otherwise law-abiding, decent human beings with successful careers and "normal" personal lives. No. With
scapegoating, such apparent normalcy is just one more sign of devious perversity.

The key ingredients of this scapegoating campaign are of course sex and children. "Nowhere," wrote Linda Williams in Children and Sex (1993), "is sexuality more feared in America than in the lives of children." (Williams has spent her professional career assuring that these ingredients produce repression.) The core demon in the campaign is the recently created category of "pedophile" (which does not predate the 1960s as a so-called scientific construct). Although defined by the American Psychiatric Association as persons with a dominant sexual desire for pre-pubescent children, the pedophile tag now applies to any person who every entertained a sexual desire or had a sexual incident, however minor, with anyone under 18. In some circles, the term pedophile is now used to put down any older person who has an affair or shows interest in younger persons– 35-year-olds, for instance, who "prey on" 20-year olds. By the early 2000s, pedophile had become morphed with the still broader "sex offender," with even mainstream media free to refer to the feared and hated class as "pervs" and "perps" and "deviants."

This scapegoating also requires public exposure and shunning, even of those who dare defend the civil liberties of pedophiles and sex offenders or challenge attacks on them. In particular, public wrath is displayed against those who would challenge "age of consent" laws, which are higher in the United States (now effectively 18 in all states due to Federal statutes) than in most other societies. (Mexico’s age of cosent is 12 in most cases; Japan is 13,; Spain is now 14–raised recently; France, 15; and Germany 16 and under 16 with parental consent.) Although as of the 1880s, common law age of consent was 10 in England and its former colonies, and zero in many other societies–where child-brides were common–it has been increasingly raised until there is today, within UNESCO’s campaign to protect children, a call for a universal age of 21. All sex between persons under 18 and those over 18 (or 21) thus becomes "abuse," since there is the myth that underage persons are simply not capable of consent.

Journalists and scientific researchers who challenge this construct–or who defend some relationships between adults and minors as not being abusive–face severe consequences. In the only instance of a U.S. Congressional resolution against a scientific paper, the House of Representatives, with only minimal opposition, denounced a study by Dr. Bruce Rind & others, published in the scholarly review, Psychological Bulletin, in 1998. This "meta-analysis" reviewed several research protocols about adult-child sexuality, and summarized them as showing that relationships in which force was not used did not appear to cause harm, and sometimes might be beneficial. Rind and his co-authors have been systematically ostracized and excluded from many scholarly journals. In 2005, a book by a major publisher, which contained another scholarly article by Rind, was withdrawn by that publisher (Hayworth) because of protests from fundamentalist Christians. Other gay writers like William Herdt and John DeCecco who researched sexual outlaw behavior in the U.S. (DeCecco) or intergenerational sexuality in non-western cultures (Herdt) simply moved on to other topics. This did not keep DeCecco from experiencing extreme persecution–while a Professor in San Francisco he had to hire bodyguards to protect him from right-wing attackers.

A number of women researchers and radical feminists have attempted to undermine or slow down the sex panic. Among them have been Camille Paglia, Debbie Nathan, Joan Nelson, Elizabeth Stoney, Laura Marks, Gayle Rubin, Pat Califia, Carole Vance, Marjorie Heins, Joanne Wypijewski, Janice Irvine and Judith Levine. Paglia has been castigated by other sex researchers and many feminist writers for her defense of man-boy sexual relationships in particular. Although she has published lengthy, well-researched summaries of the history of sexuality and sexual research, she is seldom included in university curriculums involving these topics.

Many of the other women writers suffered similar consequences or censorship of their views. Debbie Nathan, who exposed and virtually stopped the so-called satanic cult child sex panic with her book Satan’s Silence (Basic Books, 1996), has spoken of the icy reception her work has sometimes received. She said, "… I have often had a sense of being intellectually and professionally marginalized, and I have experienced instances of editors killing pieces I’ve written about sexual hysteria because they got cold feet, as well as refusals to assign such stories." One woman writer, who had never had problems with previous articles on other subjects for a prestigious national magazine, attempted a balanced look at the crusade against Catholic priests, especially the sensational case of Father Paul Shanley. She was called in by the editor who said he simply could not run her piece.

Even before Judith Levine’s Harmful to Minors: The Perils of Protecting Children from Sex was published in 2002, a massive campaign by fundamentalist Christian groups, including Concerned Women for America, attacked the publisher, the University of Minnesota Press. While the book was published, the Press created a new process for reviewing its books before publication. Levine spoke publicly about how she was humiliated time and again in public. She said the manuscript for her book had been turned down by many publishers, treated as if it were "radioactive." Among other insights, Levine wrote that "obsession with pedophiles stems for the reluctance to confront incest and the rampant sexualization of children" in American culture. "Adults project the eroticized desire outwards, creating a monster to hate, hunt down and destroy." Of the outcry against her book she added, "What happened to me is a perfect example of the hysteria my book is about."

Nowhere is censorship and shunning greater than against those who would describe or depict childhood or adolescent sexuality, or mere nudity. The "victims" of the evil perpetrators must also be protected–and projected as the spotless mirror image of their violators–at all costs–their purity and innocence asserted (even in the face of post-Freudian revelations of the sexual lives and interests of children). Anything portraying the physical beauty of children or erotic aspects of their lives must be banned. (See Bob Chatelle’s excellent summaries of the impact of the child porn crusade on freedom of expression: Kiddie Porn Panic, 1993; Limits of Free expression & the Problem of Child Porn, 1997.)

A spate of prominent photographers were censored beginning in the late 1980s, for photos of nude children or adolescents. The most prominent case was that of the gay photographer, Robert Maplethorpe, whose works were removed from galleries across the country, including the Corcoran Gallery in Washington in 1990, with conservative attacks on the National Endowment for the Arts which had funded some of his work. Some cases involved prize-winning women photographers, including Sally Mann, Star Ockenga, and Judith Livingston. Each of them was pilloried. Livingston’s son was temporarily removed from her home after she published a photo of him nude. Livingston was eased out of her professorship at Cornell, and Ockenga was dismissed as director of the MIT photography exhibitions.

Sally Mann, who did some of the most widely-published nude photos of children. Her frankly erotic photos of her own children were called incestuous, pedophilic and pornographic. Feminist writer Germaine Greer has said of her work, "The censoring of a mother’s physical delight in her children marks the last stage in the denial of the sensuality of children." Mann now does landsape photography, and Ockenga, after a period of not working at all, turned to photographs of flowers.

Allen Ginsburg and Joseph Richy published an essay in 1990 against the radical departure from art history in which nude children and adolsecents are out of bounds. In "The Right to Depict Children in the Nude," their main point was that sex and nudity in children, and especially adolescents, had been a primary theme of the visual and literary arts throughout Western culture, as well as in many non-Western societies. He pointed out that even popular advertising used photos and drawings of nude children–especially boys–and Norman Rockwell often portrayed nude or seem-nude boys on the cover of the Saturday Evening Post. Suddenly, all such photos and pictures disappeared. By the 1990s, when Calvin Kline made public a campaign to sell jeans showing scantily clad teenagers, he was forced to withdraw it within days. The nude child disappeared. In fact, almost ALL photographs of pubescent and post-pubescent boys and girls vanished from most public media. No wonder, since the Faber Supreme Court decision in 1982 labeled child pornography as wholly unprotected expression not covered under the Bill of Rights, and since the child pornography acts, beginning in 1990, increasingly criminalized almost all such depictions of any person appearing to be under 18, even when "real children" were not depicted in drawings and simulations. (This was part of the 1996 law, but the Supreme Court declared that part of the bill unConstitutional. The language has reappeared in the 2006 bill now before Congress.)

Almost the sole exception to the disappearance of erotic depictions of children has been Greer’s The Beautiful Boy (Rizolli, 2003). She notes, "At the end of the 20th century, the guilty panic about pedophilia completed the criminalization of awareness of the desires and charms of boys." She took care not to provoke with openly sexual photographs, but she was clear that her purpose was to resurrect the erotic image of the boy, not as pedophilia, but as a reasonable erotic interest of homosexual or heterosexual artists. The response to Greer has been largely positive in the art world, though not without expected attacks in mainstream newspapers and conservative journals in which she is labled a "female pederast" among other things. Greer is Australian and has always been known as one to challenge taboos and court sensational publicity.

A Supreme Court decision (Knox V United States,1993) criminalized photographs of even clothed children, if they could be deemed erotic. Most anti-censorship organizations simply stopped complaining about censorship in cases involving depictions of nude children or erotic situations involving children. These were now deemed beyond the pale of civil liberty. The Parade magazine cover (Feb. 19, 2006) featured the words in large, bold type,"…Every image of a sexually displayed child–be it a photograph, a tape or a DVD–records both the rape of the child and an act against humanity." The feature article from which these words came was by Andrew Vachss, not a child sexuality expert, but a very high-priced lawyer who has successfully sued institutions and individuals in child sex abuse cases. Vachss does not define a "sexually displayed child"–neither in terms of age (a 17 year old is still a child in most jurisdictions and under most laws), nor in terms of what it includes–nudity? nearly nude erotic poses?–but he makes the absolute statement that it is rape and a crime against humanity. Nothing could be more heinous (his word). Who says? Why? Those questions are not asked and may not be asked. To ask them is to risk being accused of complicity with rape and crimes against humanity! Vachss goes on to urge stiffer penalties for mere possession or viewing of a downloaded photograph from the internet–one assumes he means at least life in prison (which is already in force for many such offenses). The utterly evil act becomes the basis for completely scapegoating the utterly evil perpetrator.

The full force of this shunning and scapegoating is aimed at those who can be labeled pedophiles. As the National Center for Reason and Justice, a group that supports those it deems wrongly accused in sex cases, says on its website: "Especially vulnerable have been those accused of sex offenses against children and adolescents. While none of us deny that these crimes occur, those accused nevertheless have the right to be presumed innocent until proven guilty and to receive fair trials. But too often, hysteria reigns and the accused are tried and convicted by the media."

Until the 1980s, the notion that any offender would be forced to register and be tracked–and publicly shamed–for life –went against the American notions of fairness and rehabilitation. "I’ve done my time" was considered a reasonable statement when prison sentences and parole was completed. In Canada, the Supreme Court has denied police the right to make public the names of registered offenders, since this would thwart the goal of rehabilitation of prisoners. In the United States, the very purpose of the sex offender registry is to make it available to the public. This, and subsequent measures to monitor and restrict sex offenders, have put an end to any idea of rehabilitation for an ever-growing class of former prisoners. Longer and longer sentences and increasing length of parole or probation were not enough to satisfy the sex panic that has gone on uninterrupted from one phase to another since the 1960s.

The first registries appeared in 1990. By 1994, with Megan’s law–inspired like many of the other sex offender initiatives by a specific and isolated case of a horrendous murder of a child–federal and state laws required that personal and work addresses and other personal information of sex offenders be made public in various ways–from the internet and television to newspaper ads and billboards. In some states, special auto license tags and signs required at the door posts of offenders were mandated. By 2005, every state had adopted a registry and all but two state were incorporated into the federal registry and tracking system.

As Mark Matthews wrote (Feb. 9) in Stateline.org newsletter, not known for its radical viewpoints, "Sex offenders are a different type of criminal, increasingly punished under a different set of rules. Upon release from prison or parole, they are followed by satellite, showcased on the internet and prohibited from living in certain neighborhoods." Twelve states now require many sex offenders (including those with even the mildest offense against minors) to wear electronic monitoring (GPS) bracelets for life. Bills to this effect are in the legislatures of eleven more states and likely to pass. Special laws have been passed for this special class of human beings in virtually every area of life. These include requirements in one or more states that they stay away from schools and out of parks; denial of the right to work in areas ranging from education and health care to massage therapy and even restaurants which cater to families; denial of post-secondary education; requirements for juvenile offenders that they attend special segregated schools; restrictions on travel, including denial of the right to cross state lines. Eight states now require castration of some sex offenders before they can be released. Florida has passed legislation aimed at making the death penalty more likely if a sex act is involved in a killing, or even in the case of some child rapes where murder is not involved. Louisiana is set to execute the first sex offender in a non-murder case.

Another feature of recently passed or just introduced sex offender laws is to do away with all statutes of limitation, and to force registration and other restrictions on hundreds of thousands of people not now required to register. People who accepted a plea bargain twenty years ago because of a sexual misjudgment, with the assurance their sentence or parole would mean the end of it, now face a life-time of being hounded, shamed and shunned. Their families–that is millions more ordinary, decent human beings–also face the stress and humiliation of these actions, wondering when the police will crash through the door looking for their loved-one. Several states have introduced bills to make it a felony for family members and others, with possible punishment of years in prison, to refuse to reveal the whereabouts of sex offenders.

Adding insult to injury, "children," that is persons under 18, may also be labeled sex offenders, required to register and sometimes face life-long monitoring and various forms of shunning and shaming. One teenage boy committed suicide in Oakland County, Michigan in 2004, when faced with 23-years of being on a public registry, which would include public humiliation at his school. He was convicted of sex with a 14-year-old girl, which was conceded to be non-forced, but violated the state’s age of consent laws. Matthew Limon, in Kansas was given 17 years in prison for a consensual blow-job given the week after his 18th birthday to a boy who was almost 15. Limon is also mentally handicapped. Limon’s case was overturned and he was let out of prison after serving more than five years because the U.S.Supreme Court ruled the Kansas law which mandated longer sentences for homosexual acts was unConstitutional. He will still have to register for life as a child sex offender. South Carolina Supreme Court justice Costa M. Pleciones opined from the bench that children as young as nine should be subject to life-time registration for sex offenses. Estimates are that more than thirty-five thousand children and adolescents have been convicted of sex offenses and are required to register.

The worst deprivation of rights comes in the form of life-time civil commitment of sex offenders after incarceration. Seventeen states have some version of this measure, and 21 more states are considering it. As of December, 2004, according to researchers at the Washington think-tank that has followed this since Washington passed the first such law in 1990, 3,493 persons were in locked mental facilities or special prisons under civil commitment. As of that date, only 427 of persons ever locked up under these laws had been released. Usually called "Sexually Violent Predator Laws," these almost always include non-violent offenses against persons under the age of consent in that state. In some states, persons accused of various crimes including child pornography, prostitution and even indecent exposure are included as "sexually violent predators." As Mark McHarry wrote in his thorough summary in Z Magazine, November, 2001, civil commitment procedures deprive citizens of virtually all their Constitutional rights: the right to remain silent, to have a lawyer at interrogations, bail, provisions against double jeopardy and ex post facto laws–and many more. The New York Bar Association, challenging Governor Pataki’s administrative order in 2005 to move all sex offenders to locked mental facilities upon release, commented, "It cannot be overstated how readily sex civil commitment may be abused."

Sex offenders–especially "pedophiles," in its expanded definition to include anyone who has "offended" against any person under the age of consent– now effectively 18 everywhere–are purely and simply outcasts, untouchables. No-one wants them in their neighborhood, and virtually no-one will house or employ them. They may be publicly humiliated and vilified, and they are deemed worthy of shunning by an outraged public. Even those suspected of sexual deviancy are likely to be included in the shunning. The Media and politicians of both parties simply have a field day with the new scapegoated categories, and virtually no-one complains.

Formerly progressive alternative media have jumped on the bandwagon. The Free Times in Ohio, for instance, put a photo of an alleged "molester" of teenage boys on its January, 2006 cover, with the drawing of a bloody pen piercing his forehead, and an equally bloody red headline, calling him "Neighborhood Monster." Mainstream media like NBC and the New York Times now run series that would have been found a decade ago only in yellow journalism outlets like the National Inquirer. Debbie Nathan (CounterPunch, February 17, 2006) has thoroughly exposed the shoddy journalism of the Times in its recent expos é of "child prostitution." Slate commentator Jack Shafer noted (Slate.com, Dec.19, 2005) that the article (described above) by Kurt Eichenwald in the Times that same day about Justin, the teenage boy who marketed his own image in sex acts, crossed the line from journalism to advocacy, to outright solicitation of FBI and police involvement. The NBC "Predator" series likewise involves police in sting activity, boasting that it has ensnared more than 50 men in cases where they will be charged with sex crimes involving no real "victims," but media and police plants on internet sites. The NBC reporter, Chris Hansen, makes no pretense of objectivity. "We are dazed, amazed and disgusted," he says, "They’re back! The on-line predators." Using terms like "deviates" and "perverts," it is no wonder that the NBC site attracts thousands of blog comments that urge vigilante justice: "Put a bullet in the perp’s head," says one. One can hope all this will rather quickly erode public confidence in the media as independent of law enforcement.

Such media coverage has an immediate impact even in the courts. An MSNBC afternoon news summary, which once jokingly called itself "all pedophiles all the time," reports each day on new cases of priests and sex, teachers and sex, and the like. A January, 2006 crusade by this MSNBC program as well as the Fox network, railed against Vermont judge Edward Cashman. Fox’s Bill O’Reilly called him the worst judge in America. Cashman had sentenced a child sex offender to sixty days in jail and a treatment program rather than a lengthy prison sentence, where the man would not get treatment. Judge Cashman first insisted, "The Court cannot be swayed by the media or the mob." After days of abuse in the media, which the judge said had deeply distressed him, he reversed his ruling and handed down a sentence of "not less than three years" in prison. Letters to the very liberal Burlington Free Press were almost universal in their sentiment: "Lynch him" (the offender) said one writer.

At testimony on a Maryland bill to require life-time electronic monitoring for almost all sex offenders, a spokesman for the Maryland Public Defenders’ Office (quoted in the Washington Post), said, "I did think of 1984. Where are we going with these types of measures? What happens next session?" Speaking about the new Federal Registry list of more than 500,000 sex offenders, which it shares on-line with the public, Marc Rotenberg of the Electronic Privacy Information Center noted, "It’s not difficult to imagine that the government might publish watch lists for other things." Already, Massachusetts is considering laws which would create registries and require electronic monitoring for ALL "dangerous" offenders. Massachusetts would become the first state to expand these measures beyond sex offenders, but it surely will not be the last.

Liberal Democrats, socialists and green party candidates vie with Republicans to "save the innocent children" and "protect our children from monsters." There is clear evidence that these kinds of measures (registration, electronic monitoring, and the like) are not effective. Castration, for instance, has been shown to be wholly incapable of affecting sexual desire. Since most sex offenses take place within the family at the home of the offender, monitoring devices do no good. Public exposure and humiliation of sex offenders is likely to increase, not decrease, shame and guilt, which are likely factors in further offending. Yet politicians of all stripes rush to put forward more and more such draconian restrictions on the hated class of sex offenders and pedophiles. A Baltimore Sun article (Feb. 17, 2006) called anti-sex offender bills "apple pie" that all politicians rush to take credit for.

To paraphrase Janice Irvine in Let’s Talk About Sex (U. California Press, 2002), which chronicled the hijacking of sex education in America by right-wing Christians, the "depravity narratives" about sex offenders will rule the day so long as there is a "culture of stigma" on sexual topics, and so long as the "innocent child" model of childhood prevails. "We must reinvent the construct of childhood," Irvine wrote.

In the past, a central feature of the American system of government was supposed to be that it applied to all citizens equally. At least that was the case after the Reconstruction era amendments that assured equal application to former slaves and other people of color, and after the voting rights amendment for women in the 1920s. Now, certain categories simply don’t have the same rights–possibly no rights at all. The creep of repression is bound to occur–more and more groups will be demonized and seen as outside the ordinary protections of the law.

As Michael Neumann wrote in CounterPunch, February 13, 2006, in his excellent article on America’s ‘culture of piety’ in its reaction to the Muslim protests against depictions of the Prophet Mohammed: "The most basic notions of the rule of law — that you should not be
punished for what you cannot help, like the feelings you have, that no-one should be expected to obey laws so vague that the criteria of obedience are mysterious — were thrown away years ago. They cannot be picked out of the trashcan and held up as shiny Western ideals just
because it is now convenient to do so." Neumann urged America to "….go back to judging real crimes by real standards of evidence. It can turn its attention to real, vulgar, observable, concrete human needs — like decent food, clothing, and shelter."

One day–perhaps fifty or a hundred years from now–it will appear ludicrous that our society was so consumed with anger at this class of scapegoats that it obliterated its fine traditions of liberty and justice in favor of retribution and vengeance. It will seem odd, that American society was obsessed with concern about sexual acts with teenagers even as it pursued a pointless war that killed thousands of teenagers and others on both sides of that war. People will hopefully someday recoil when told that a person convicted in Federal court of making a photograph of a 17 year old masturbating would receive a mandatory sentence of life in prison, yet a person convicted of the (non sexual) murder of that teen would face far less. It will seem incredible that the focus was on sexual deviance rather than on the astronomical rate of murder and other real violence, or the growing gap between rich and poor, and the indelible mark of real poverty on so many children. Until such a day of greater sanity, this scapegoating and shunning of all sex offenders and "pedophiles" will inevitably lead to less freedom and more insecurity for all who might engender the wrath of puritan preachers or stoke the greed of media outlets and pandering politicians. For now, it seems unlikely that even those who traditionally guard our civil liberties or those who traditionally challenge state repression from the left, will dare speak out, lest they, too, be marginalized and shunned.

The writer remains anonymous because he writes and is politically active in several completely unrelated social justice movements. He fears that the shunning and marginalization he describes for those who write about this topic could compromise (unfairly) his other work. ..Source.. by PARIAH

Where to find sex offenders: An examination of residential locations and neighborhood conditions.

2006:

Abstract
Drawing on observational data of the residential locations of a sample of convicted sex offenders in Seminole County, Florida, this study explores the residential proximity of sex offenders to places potential child victims congregate and the neighborhood conditions/structures present in such communities. Analysis draws on routine activities theory and incorporates objective measurements of neighborhood disorganization and negative attributes. Results suggest that sex offenders are only moderately likely to reside in close proximity to child congregation locations and the neighborhoods of sex offenders' residences are only fairly disorganized. Additionally, only about one‐half of the sample subject to restrictions on residential locations is in compliance. The utility of incorporating measures of community conditions/structures to routine activities theory is somewhat beneficial for the study of sex offenders. ..Source.. by Richard Tewksbury & Elizabeth Ehrhardt Mustaine
Study does not mention if those sex offenders had children of their own making them likely to reside there for the sake of their children. eAdvocate

Sex Offender Recidivism in Missouri and Community Correction Options

June 2006 Missouri:

Using data provided by the Missouri Department of Corrections, a sample of men in all offense categories released from Missouri prison in 1998 was analyzed. The sample was analyzed by demographic factors, criminal history, and institutional behavior. The results show that Missouri sex offenders were more likely to be older, white, and have less educational and employment defi cits than the general prison population. Sex offenders were signifi cantly more likely to have consistent employment histories, have been convicted of a prior sex crime, provide moderate risk to the public, have a higher salient factor score, have lower institutional risk scores, and to have spent more time in prison. Sex offenders spent signifi cantly more time in prison than offenders who had committed other types of crime.

Consistent with prior studies on prisoner recidivism, inmates convicted of property crimes had the highest recidivism rates. Sex offenders had the lowest rates of recidivism and the Missouri rates were consistent with national averages. Little variation in recidivism outcomes was observed for sex offender types in the current sample. Although the rates of recidivism vary across offender groups, when these men do recidivate, they are more likely to commit the type of offense for which they were previously imprisoned. For sex offenders in Missouri, however, a smaller percentage were convicted of another sex crime. Analyses to determine which independent variables were predictors of recidivism could not be meaningfully conducted for sex offenders due to the small sample size. Future studies should consider recidivism outcomes from a multi-year cohort of sex offenders.

Comparison of Recidivism Rates (pg-7)
Recidivism statistics by offense type are displayed in Table 7. Recidivism, in the current analyses, is classifi ed as a new conviction for any crime. There is substantial variation in the manner in which recidivism has been measured (Maltz 1984) in past research studies. The reconviction measure is incomplete as it fails to capture criminal behavior that is not reported to the police or does not result in an arrest or reconviction. Using the reconviction measure may increase the chances of Type II errors. Although concerns over measurement are common to research of this type, care should be exercised when making cross-study comparisons of recidivism rates.

Consistent with prior studies on prisoner recidivism, inmates convicted of property crimes had the highest reconviction rates at 47.4 percent. This was followed by prisoners convicted of personal offenses (42.3 percent), other offenses (40.4 percent), and drug offenses (37.5 percent). There was little variation in time to re-conviction among offender groups. Men who were convicted of personal offenses had the shortest times to reconviction. Although, there was little variation in time to failure among sample groups as the average time to reconviction was approximately four years.


Sex offenders had the lowest rates of reconviction (19 percent). The recidivism rate for the current sample is consistent with national studies of recidivism. Recent studies estimate that approximately 10 percent to 15 percent of sex offenders recidivate within 5 years (Hanson and Bussiere 1998). There is also evidence to suggest that reimprisonment rates may be higher. In a study of recidivism outcomes of prisoners released from 12 states, 39 percent of sex offenders were returned back to prison within three years (Langan, Schmitt, and Durose 2003). In addition, 30% percent of inmates released from Missouri prisons in 1998 were retuned to prison within 3 years – 35 percent within five. The difference in statistics reflects the measurement of recidivism. Reimprisonment rates include individuals who were returned to prison for a new offense or a technical violation. The reconviction measure does not include technical violations; therefore, the recidivism rate, as determined by the reconviction outcome, will be lower than a measure that represents reimprisonment. ...continued... Prepared for: Missouri Sentencing Advisory Commission

Study: 1 million sex crimes by illegals

May 2006:

Researcher estimates more than 100 offenders crossing border daily

Based on a one-year in-depth study, a researcher estimates there are about 240,000 illegal immigrant sex offenders in the United States who have had an average of four victims each.

Deborah Schurman-Kauflin of the Violent Crimes Institute in Atlanta analyzed 1,500 cases from January 1999 through April 2006 that included serial rapes, serial murders, sexual homicides and child molestation committed by illegal immigrants.

She found that while the offenders were located in 36 states, most were in states with the highest numbers of illegal immigrants. California had the most offenders, followed by Texas, Arizona, New Jersey, New York and Florida.

Schurman-Kauflin concluded that, based on a figure of 12 million illegal immigrants and the fact that more of this population is male than average, sex offenders among illegals make up a higher percentage than offenders in the general population.

She arrives at the figure of 240,000 offenders – a conservative estimate, she says – through public records showing about 2 percent of illegals apprehended are sex offenders.

“This translates to 93 sex offenders and 12 serial sexual offenders coming across U.S. borders illegally per day,” she says.

She points out the 1,500 offenders in her study had a total of 5,999 victims, and each sex offender averaged four victims.

“This places the estimate for victimization numbers around 960,000 for the 88 months examined in this study,” she declares.

Schurman-Kauflin breaks down the 1,500 cases reviewed this way:
----- 525, or 35 percent, were child molestations

----- 358, or 24 percent, were rapes

----- 617, or 41 percent, were sexual homicides and serial murders
Of the child molestations, 47 percent of the victims were Hispanic, 36 percent Caucasian, 8 percent Asian, 6 percent African American and 3 percent other nationalities.

In 82 percent of the cases, she noted, the victims were known to their attackers.

“In those instances, the illegal immigrants typically gained access to the victims after having worked as a day laborer at or near the victims’ homes,” she says. “Victims ranged in age from 1 year old to 13 years old, with the average age being 6.”

In her examination of the sex-related homicides, Schurman-Kauflin found the most common method was for an offender to break into a residence and ambush his victims.

Not only were victims raped, she said, but some – 6 percent – were mutilated.

“The crime scenes were very bloody, expressing intense, angry perpetrator personalities,” she said. “Specifically, most victims were blitzed, rendered incapable of fighting back, and then raped and murdered. The most common method of killing was bludgeoning, followed by stabbing.”

She found it especially disturbing that in 22 percent of all sex crimes committed by illegal immigrants, victims with physical and mental disabilities were targeted.

The highest number of sex offenders, according to the study, came from Mexico. El Salvador was the original home to the next highest number. Other countries of origin included Brazil, China, Ecuador, Guatemala, Honduras, Jamaica, Nicaragua, Puerto Rico, Russia, and Vietnam.

Nearly 63 percent of the offenders had been deported on another offense prior to the sex crime, the study showed. There was an average of three years of committing crimes such as DUI, assault or drug related offenses prior to being apprehended for a sexual offense.

In 81 percent of cases, offenders were drinking or using drugs prior to offending. Rapists and killers were more likely to use alcohol and drugs consistently than child molesters.

Only about 25 percent of offenders were found to have been stable within a community. In 31 percent of the crimes, the offenders entered into the communities where they offended within two months of the commission of their sex offenses.

But many, 79 percent, had been in the U.S. for more than one year before being arrested for a sex crime. They typically were known to the criminal justice system for prior, less serious offenses before they molested, raped or murdered, the study said.

Schurman-Kauflin concludes illegal immigrants gradually commit worse crimes and are continually released back into society or deported.

“Those who were deported simply returned illegally again,” she says.

She points out that only 2 percent of the offenders in her study had no history of criminal behavior, beyond crossing the border illegally.

“There is a clear pattern of criminal escalation,” she said. ..Source.. by Deborah Schurman-Kauflin

--------------------

See also: One Reporter's Opinion: Illegal Alien Sex Crimes

Internet: An Overview of Key Technology Policy Issues Affecting Its Use and Growth

August 2006:

Introduction
The continued growth of the Internet for personal, government, and business purposes may be affected by a number of technology policy issues being debated by Congress. Among them are access to and regulation of broadband (high-speed) Internet services, computer and Internet security, Internet privacy, the impact of “spam,” concerns about what children may encounter (such as pornography) when using the Internet, management of the Internet Domain Name System, and government information technology management.

This report provides overviews of those issues, plus appendices providing a list of pending legislation, a list of acronyms, a discussion of legislation passed in earlier Congresses, and a list of other CRS reports that provide more detail on these and related topics. Other issues that are not directly related to technology could also affect the use and growth of the Internet, such as intellectual property rights and Internet taxation. Those are not addressed in this report, but the list of CRS products in Appendix D includes reports on related topics.

Because this report is updated only periodically, it does not attempt to track legislation. For more timely information, see the other CRS reports identified in the following sections and in Appendix D. ..Source.. by CRS Service

Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis

2006:

Summary
Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Administrative subpoenas are not a traditional tool of criminal law investigation, but neither are they unknown. Several statutes at least arguably authorize the use of administrative subpoenas primarily or exclusively for use in a criminal investigation in cases involving health care fraud, child abuse, Secret Service protection, controlled substance cases, and Inspector General investigations.

As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be reasonable, a standard that requires that 1) they satisfy the terms of the authorizing statute, 2) the documents requested are relevant to the investigation, 3) the information sought is not already in the government’s possession, and 4) enforcing the subpoena will not constitute an abuse of the court’s process.

Although more extensive proposals were offered in the 108th Congress, the law enforcement related administrative subpoena proposals in the 109th Congress appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies.

For the remainder of this paper: by Charles Doyle, Senior Specialist, American Law Division

Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis

March 2006:

SUMMARY:
Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Administrative subpoenas are not a traditional tool of criminal law investigation, but neither are they unknown. Several statutes at least arguably authorize the use of administrative subpoenas primarily or exclusively for use in a criminal investigation in cases involving health care fraud, child abuse, Secret Service protection, controlled substance cases, and Inspector General investigations.

As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be reasonable, a standard that requires that 1) they satisfy the terms of the authorizing statute, 2) the documents requested are relevant to the investigation, 3) the information sought is not already in the government’s possession, and 4) enforcing the subpoena will not constitute an abuse of the court’s process.

Although more extensive proposals were offered in the 108th Congress, the law enforcement related administrative subpoena proposals in the 109th Congress appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies.

For the remainder of this paper: by Charles Doyle, Senior Specialist, American Law Division

Administrative Subpoenas in Criminal Investigations: A Sketch

March 2006:

SUMMARY:
Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Both the President and Members of Congress have called for statutory adjustments relating to the use of administrative subpoenas in criminal investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national security letter practices constitutionally defective. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use.

For the remainder of this paper: by Charles Doyle, Senior Specialist, American Law Division

UNDER SURVEILLANCE: AN EMPIRICAL TEST OF THE EFFECTIVENESS AND CONSEQUENCES OF ELECTRONIC MONITORING

2006 Florida:

Research Summary:
This study addresses the effectiveness of electronic monitoring (EM) for serious offenders supervised in the community. Using data on 75,661 offenders placed on home confinement in Florida from 1998 to 2002, we find that both radio-frequency and global positioning system monitoring significantly reduce the likelihood of technical violations, reoffending, and absconding for this population of offenders. Additionally, we find that offenders placed on home confinement with EM are significantly more serious than those placed on home confinement without EM, which casts doubt on the anticipated net-widening effect of this particular intermediate sanction.

Policy Implications:
Given the anticipated increase in the use of EM in the immediate future, policy makers will surely be faced with questions about its effectiveness in preventing or deterring further criminal activity among offenders in the community, as well as concerns about the intensity of surveillance it affords and a subsequent increase in the likelihood of a prison sentence or return to prison for technical violations. The results presented here suggest that such concerns may be overblown and that EM of offenders in the community may prove an effective public safety alternative to prison. Additional implications of this research include decision making regarding which offenders should be placed on EM, which type of monitoring device will be the most cost-effective and efficient, and the potential for front-end net-widening if states adopt the practice of “Got ‘em?’ Use ‘em.’”

For the remainder of this paper: by KATHY G. PADGETT -and- WILLIAM D. BALES -and- THOMAS G. BLOMBERG Florida State University

Sex Offender Community Notification: Its Role in Recidivism and Offender Reintegration

June 2006:

Abstract
This study investigated the effectiveness of Megan's law in reducing recidivism among convicted sex offenders. The policy of making such offenders more visible to the public through officially notifying communities when they are returned to society is based on the premise that warning potential victims increases the public's ability to protect itself against future victimization. The community would be better protected because those undergoing extensive notification will know that they are being watched and thus will be deterred from reoffending. Effectiveness was assessed by examining rates of return to prison for conditionally free offenders under correctional control. The study used a four-and-a-half-year follow-up period and covered all those in one state who had undergone high level notification from September 1997 to July 1999. Their recidivism patterns were matched with a similar sample in the same state who, while meeting the state's criteria for public notification, were not dealt with in this way. The results show that, after controlling for relevant demographic and criminal history variables, extensive community notification had no direct effect on the likelihood or unlikelihood of recommitment to prison. No significant differences were found between the high level and low level notification groups in their post-release behavior culminating in rearrest and return to prison.

For the remainder of this paper: Published in: Criminal Justice Studies, Volume 19, Issue 2 June 2006 , pages 193 - 208 by Richard G. Zevitz - Richard G. Zevitz is an associate professor of criminology and law studies at Marquette University in Milwaukee, Wisconsin. He holds a doctorate in criminology from the University of California, Berkeley and a law degree from the University of Nebraska, Lincoln. His professional experience includes working 11 years for the San Francisco County Sheriff's Department.

Updated Trends in Child Maltreatment, 2006

April 2008 National:

New data released by the federal government show continuing national declines in sexual and physical abuse in 2006, but no decline in neglect.

The data detailed in the attached table and figure, come from the National Child Abuse and Neglect Data System (NCANDS), which aggregates and publishes statistics from state child protection agencies. The most recent data from NCCANDS were released in April, 2008 and concern cases of child maltreatment investigated in 2006.

The statistics in Table 1 concern substantiated cases of sexual abuse, physical abuse and neglect. A substantiated case means a case that has been reported to a child protection agency, investigated and deemed to have occurred according to a "preponderance of evidence." The child maltreatment cases referred and investigated by state child protection agencies primarily involve abuse by caregivers. The cases do not include many involving stranger abusers, unless some element of caregiver neglect was involved.

Sexual abuse substantiations declined 5% from 2005 to 2006, capping a downward trend of 53% that began in 1992. Physical abuse declined 3% from 2005 to 2006, continuing a downward trend that started in 1996. Overall physical abuse is down 48% since 1992. Substantiated neglect cases increased 2% from 2005 to 2006. The long-term trend in neglect has fluctuated during the period since 1992, but without showing a strong trend either up or down.


Because NCANDS reflects only cases known to and confirmed by state authorities, questions have been raised about whether recent declines might only reflect changes in reporting practices or investigation standards. Our previous inquiry into this question (Finkelhor & Jones, 2004), although far from conclusive, suggests that changed reporting or investigative standards do not explain the breadth and persistence of the decline. In addition, victim self-report surveys show declines in sexual offenses against children over the same period, suggesting a decline in true underlying incidence.

There is currently no consensus in the child maltreatment field about why sexual abuse and physical abuse have declined so substantially, although a recent article and book suggest some possible factors (Finkelhor, 2008; Finkelhor & Jones, 2006). The period when sexual and physical abuse started the dramatic downward trend was marked by sustained economic improvement, increases in the numbers of law enforcement and child protection personnel, more aggressive prosecution and incarceration policies, growing public awareness about the problems, and the dissemination of new treatment options for family and mental health problems, including new psychiatric medication. However, one other change -- the passage and implementation of community notification laws related to sex offenders -- mostly occurred after the sexual abuse decline was underway.

Most individual states have experienced substantial declines in sexual and physical abuse during the period since the early 1990s. Twenty-nine states have seen declines of 50% or more in sexual abuse during that interval, and only 3 had no decline. Only 6 states have not seen declines in physical abuse, as well. Unfortunately, it is not possible to directly compare state rates because states differ in how statutes define abuse and how abuse is investigated and processed. Nonetheless, the data do not show any apparent patterns to the decline by region.

There is no obvious reason why neglect trends have differed so sharply from those of sexual and physical abuse (Jones, Finkelhor, & Halter, 2006). One possibility is that neglect has not declined because it has not been the subject of the same level of policy attention and public awareness as sexual and physical abuse. Another possibility is that increased education and recent state and professional initiatives about neglect, including the identification of new forms of neglect like drug affected newborns, has masked a decline in other conventional types of neglect.

It is unfortunate that information about the declines in sexual and physical abuse are not better publicized and more widely known. The way in which the NCANDS data are reported annually does not highlight long term trends or disaggregate maltreatment trends by individual forms of abuse. Since neglect makes up nearly two-thirds of all maltreatment, it tends to overwhelm trends in sexual and physical abuse. Nonetheless, the declines in physical and sexual abuse represent potential evidence of a significant public policy success on an issue of great continuing concern to child welfare advocates and the general public alike.

For the remainder of this report: by David Finkelhor and Lisa Jones


Note: The only place in the entire nation where sexual abuse increased over 44% was Washington DC where it went up by 384% between 1992 and 2006.

OH- REPORT TO THE OHIO CRIMINAL SENTENCING COMMISSION: SEX OFFENDERS

January 2006

INTRODUCTION
The effective management of sex offenders has been an ongoing concern for policymakers nationally. In summer 2005, the Ohio Criminal Sentencing Commission created a Penalty Review Subcommittee to examine the research and current statutes in Ohio to determine if there was a need for recommendations to improve Ohio’s management of sex offenders. The purpose of this report is to provide information on sex offenders in Ohio’s prisons and discuss what works in effectively managing this population.

The first section provides a statistical snapshot of the offenders in 1999 at Ohio’s Sex Offender Risk Reduction Center (SORCC), sentencing information for calendar year 2003 offenders, and length of stay information for sex offenders released from the system in the past five years. The data given is designed to provide background information for the review of policy.

The second section of the report is a discussion of what works based on 15 years of research on sex offender assessment, treatment, and recidivism. Canadian and British researchers have been trying to identify the characteristics of the “sexual predator,” or the sex offender who is violent and causes the most harm to society. Colorado has had a sex offender management and containment approach since 1992 when the legislature created the Sex Offender Management Board as an oversight board for policy. The Board has completed several research studies on the effectiveness of treatment and management of sex offenders. This research indicates that with effective treatment and close supervision of offenders in the community, steps can be taken to reduce the likelihood they will reoffend. Finally, research on recidivism is presented together with an Ohio study which followed a 1989 cohort of offenders for 10 years.

The final section looks at sex offender registration and notification nationally and in Ohio. The report highlights current research on the effectiveness of SORN legislation in implementing the policy purposes and reducing recidivism of sex offenders in the community. Information on program implementation in Ohio has also been provided. ..more.. by Office of Criminal Justice Services, Executive Director Karhlton F. Moore

Sex Offender Registries as a Tool for Public Safety: Views from Registered Offenders

2006 Kentucky:

Abstract:
Sex offender registries are tools for the public and law enforcement to know about and monitor the identities, locations, and behaviors of convicted sex offenders in the community. The ability of these tools to effectively and efficiently contribute to public safety, however, is dependent on their containing accurate and up-to-date information. This research draws on data from a sample of registered sex offenders to assess the frequency and intensity of monitoring perceived by registrants and registrants’ self-reported likelihood of maintaining their listed information as accurate. Results suggest that monitoring is not very close or frequent, and a significant minority of registered sex offenders may not be willing to comply with registration requirements nor to voluntarily update their registry information.

For the remainder of this study: by Richard Tewksbury, University of Louisville


eAdvocate note:

1) The sample (121 RSOs from the Kentucky registry) is the exact same sample used in Tewksbury's "Collateral Consequences of Sex Offender Registration" as verified by Table-1 of both studies;

2) Reviewing this study was interesting but there was one chart which caught my eye, it follows:

What the percentages show, as to public recognition is, the number of times these registrants and families (if they are with them at the time) have been put at risk or in harms way. While the registry intent may be to protect the public from registrants, lawmakers have closed their eyes to protecting registrants from the public. Vigilantism is real and to those who think it does not happen you are just closing a blind eye to the issue. See also those registrants and folks accused of offenses, who have been murdered because of their past; some because of the registry itself. Again, lawmakers have close their eyes to these issues.

Now, as to contact with law enforcement, think about the costs to the public, also putting the registrant and any family members in a negative light in the community because of seeing police at their homes this many times. Children of offenders will never get over this stigma of seeing police this often in their lives; a scary scene to a child.

Why Have Child Maltreatment and Child Victimization Declined?

2006:

Abstract:
Various forms of child maltreatment and child victimization declined as much as 40–70% from 1993 until 2004, including sexual abuse, physical abuse, sexual assault, homicide, aggravated assault, robbery, and larceny. Other child welfare indicators also improved during the same period, including teen pregnancy, teen suicide, and children living in poverty. This article reviews a wide variety of possible explanations for these changes: demography, fertility and abortion legalization, economic prosperity, increased incarceration of offenders, increased agents of social intervention, changing social norms and practices, the dissipation of the social changes from the 1960s, and psychiatric pharmacology. Multiple factors probably contributed. In particular, economic prosperity, increasing agents of social intervention, and psychiatric pharmacology have advantages over some of the other explanations in accounting for the breadth and timing of the improvements.

The worrisome stories about crimes against children that regularly fill the
media have unfortunately obscured some more positive news from the statistical reports on these same offenses. Child victimization of various types has been declining since the early 1990s, in some cases declining dramatically.

Facts about the Decline

Here is some of the trend information pointing to improvements (for information
on sources, see the Appendix):

• Sexual abuse started to decline in the early 1990s, after at least 15 years of steady increases. From 1990 through 2004, sexual abuse substantiations were down 49% (Figure 1).

• Physical abuse substantiations joined the downward trend starting in the mid-1990s, in a decline that was most dramatic between 1997 and 2000. From 1992 through 2004, physical abuse substantiations have declined 43% (Figure 1).

• Sexual assaults of teenagers have dropped, according to the National Crime Victimization Survey (NCVS). From 1993 through 2004, overall sexual assaults decreased 67% (Figure 2). The subgroup of sexual assaults by known persons was down even more.

• Other crimes against teens 12–17 were also down dramatically as measured by the NCVS (Figure 2). Aggravated assaultwas down 74%, simple assault down 63%, robbery down 72%, and larceny down 55%. This has been in the context of a crime decline for victims of all ages.

• Juvenile victim homicides have declined 50% from 1993 to 2004, a drop that has been larger than the 42% drop in homicide for victims 18 and older. The drop has been more dramatic for the youth 14–17 (down 62%) than for younger children (down 36%) (Figure 3).

• Domestic violence has also been declining, according to the NCVS (Rennison & Welchans, 2000), down 49% from 1993 to 2001, meaning that children were probably being exposed to fewer violent parents.


For the remainder of this study: by David Finkelhor* and Lisa Jones, University of New Hampshire

Survey of State Criminal History Information Systems, 2006

A Criminal Justice Information Policy Report: October 2008, NCJ ______:

Survey revisions
Given the dramatic advances in information technology, legislative and social trends that increase demand for criminal history record access, and the need for criminal record managers to respond to these developments, BJS and SEARCH conducted an in-depth review of the existing survey questions for additions and changes and developed an initial draft of the survey.

New formats for easier response and collection of data were also considered and implemented. Many of these changes were suggested by users and respondents during the review process. Comments and suggestions collected focused on—

• increasing data on disposition reporting

• criminal vs. noncriminal justice fingerprint processing

• livescan usage and repository operations

• sex offender registries

• how information is disseminated and how it is used.

SEARCH developed and tested an online database system to collect more complete and comprehensive data. New features included online, password-protected reporting forms allowing respondents to complete and submit individual sections of the survey, as well as to examine/update previously submitted portions.

The Survey of State Criminal History Information Systems, 2006 consists of 44 data tables of information, up from 22 tables in previous years. New survey questions have been introduced and others removed.



Introduction
This report is based upon the results from a survey conducted of the administrators of the State criminal history record repositories in July– December 2007. Fifty-five jurisdictions were surveyed, including the 50 States, the District of Columbia, American Samoa, the Territory of Guam, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.1

Responses were received from all 55 jurisdictions. It presents a snapshot as of December 31, 2006. Throughout this report, the 50 States will be referred to as “States”; the District of Columbia, American Samoa, Guam, Puerto Rico, and the Virgin Islands will be referred to as “territories,” consistent with prior surveys; “Nation” refers collectively to both States and territories.

In addition, the Federal Bureau of Investigation (FBI) was the source for information relating to criminal history records, including the States participating in the Interstate Identification Index (III) system (the national criminal records exchange system) and the number of records maintained by the FBI on behalf of the States, the number of records in the protection order file, and the number of sex offender records in the FBI National Crime Information Center (NCIC) files. ..For the remainder of the report.. by U.S. Department of Justice, Bureau of Justice Statistics

Note: Very important is knowing how the criminal system are broken down. Accordingly, see the description of all of the systems.

Note: Also important is the "Sex Offender Registry information (right hand col)" contained in the report. See also Table-6 which is very interesting. And, again Table-6a.

Controlling Sex Offender Reentry - Jessica's Law Measures in California

2006 (California Reentry Study):

This is an in-depth analysis of Prop-83 in California and what it was based on, much of which is beliefs of one lawmaker, Senator George Runner and his wife Assemblywoman Sharon Runner. These folks spearheaded the Sexual Predator Punishment and Control Act which was based on many false beliefs. The study focuses on the renentry of sex offenders into communites.

Unfortunately this study is such that it cannot be copied -even portions- hence this short paragraph about it.

For the remainder of the study by Jason Peckenpaugh