A Compendium of Articles, Books, and Studies

by Pat Winchild

THE TIMES, THEY ARE A'CHANGIN' - HOPE FOR NOW, HOPE FOR THE FUTURE

1/23/2010 Lodi- News Sentinel Age of consent: At what point is a person mature enough for sex? By Layla Bohm News-Sentinel Staff Writer
http://www.lodinews.com/articles/2010/01/23/news/2_consent_100123.txt

SOME CURRENT HISTORY OF THE SEX OFFENDER LAWS AND IT'S IMPACT 2009
There are two important studies which have just been published. They examined the effectiveness of the sex offender registry laws in New Jersey and New York. The New Jersey study was federally funded. Both found that the sex offender registration and notification laws had no significant effect on preventing sex crimes. The New Jersey study found an overall rate of recidivism of sex crimes of 9% over the 6 1/2 year follow up period. From the report: "Despite widespread community support for these laws, there is virtually no evidence to support their effectiveness in reducing either new first-time sex offenses (through protective measures or general deterrence) or sex re-offenses (through protective measures and specific deterrence)...Given the lack of demonstrated effect of Megan's Law on sexual offenses, the growing costs may not be justifiable."

Sex Offender Law Ruled Unconstitutional
Sex Offenders Can Live Near Daycares, Schools and Playgrounds
By Kristen Drew/WLKY
http://www.wlky.com/news/21179966/detail.html
October 2, 2009

LOUISVILLE, Ky. -- The Kentucky State Supreme Court ruled Thursday a law banning convicted sex offenders from living near daycares, schools or public playgrounds was unconstitutional.

The law made it illegal for convicted sex offenders to live within 1,000 feet of an area where children are frequently present. The law forced some offenders to move from their homes and families and, in some cases, their jobs.

The Economist
August, 2009

Unjust and ineffective sex laws
http://www.economist.com/displaystory.cfm?story_id=14164614

Sensible sex laws are better than vengeful ones

"The internet is the sex educator's worst nightmare--a chance for everyone to reinforce everyone else's ignorance." 
http://www.sexualintelligence.org/#four
Marty Klein, PhD

Case Shows Limits of Sex Offender Alert Programs
NEW YORK TIMES 9/09
http://www.nytimes.com/2009/09/02/us/02offenders.html?_r=1

ST. LOUIS POST-DISPATCH
09/04/2009
http://www.stltoday.com/stltoday/news/columnists.nsf/billmcclellan/story/E50B1B1FEAFB074D862576270008B6CA?OpenDocument

Maybe less is more in sex offender lists
Bill McClellan

How Do We Pass Rational Sex-Offender Laws With Psychos Like Phillip Garrido on the Loose?
September 4,2009 Alternet
http://www.alternet.org/rights/142405/how_do_we_pass_rational_sex-offender_laws_with_psychos_like_p

"Sex-Registry Flaws Stand Out,"
THE WALL STREET JOURNAL
Sept. 3, 2009
http://online.wsj.com/article/SB125194251857582015.html

Sex Offender Registry No Help to Jaycee Dugard
09/02/2009
John Stossel show
http://blogs.abcnews.com/johnstossel/2009/09/sex-offender-registry-no-help-to-jaycee-dugard.html
SEXUAL FASCISM IN PROGRESSIVE AMERICA
March 4, 2006 COUNTERPUNCH
http://www.politicsofhealth.org/sexual_fascism_in_progressive_america

9/1/09 Questions arise on monitoring of sex offenders
By Marisol Bello, USA TODAY
http://www.usatoday.com/news/nation/2009-09-01-abduct_N.htm?csp=34

The Scarlet "P"
Sex Crimes put Criminal Justice System to a Tough Test http://fredericksburg.com/News/FLS/2009/082009/08232009/487886
8/23/09

15 Shocking Tales of How Sex Laws Are Screwing the American People
By Ellen Friedrichs, AlterNet.
June 12, 2009.
http://www.guardian.co.uk/commentisfree/2009/oct/04/vanessa-george-paedophiles-barbara-ellen
NJ.COM

Report finds Megan's Law fails to reduce sex crimes, deter repeat offenders in N.J February 7, 2009
http://www.nj.com/news/index.ssf/2009/02/study_finds_megans_law_fails_t_1.html#preview


A NEW AND IMPORTANT BOOK TO GET TO YOUR LEGISLATORS, FAMILY,FRIENDS,SUPPORTERS

Sex Offender Laws: Failed Policies, New Directions 2009

by Dr. Richard Wright (Editor)

"[T]his fine book by Richard Wright and his distinguished collaborators provides the evidence that wise policy-makers would want to consider. It covers every major field of research concerning sex offenders and sexual offenses and provides evidence of bad practices and policies .Intellectually honest politicians should read this book."

--Michael Tonry, LL.B,
Professor of Law and Public Policy

University of Minnesota Law School (From the Foreword)

In response to many high-profile cases of sexual assault, federal and state governments have placed a number of unique criminal sanctions on sex offenders. These include residency restrictions, exclusionary zones, electronic monitoring, and chemical castration. However, the majority of sex offender policies are not based on empirical evidence, nor have they demonstrated any significant reductions in offender recidivism. In fact, some of these policies have unintended consequences, which actually increase the likelihood of sexual offenses. In this book, Wright critically analyzes existing policies, and assesses the most effective approaches in preventing sex offender recidivism. This provocative and timely book draws from the fields of criminal justice, law, forensic psychology, and social work to examine how current laws and policies are enacted and what to-date is known about their efficacy. In response to the failed policies of sex offender laws, this book presents alternative models and approaches to sex offense laws and policies. Wright also explores critical, cutting-edge topics, such as internet sexual solicitation, the death penalty, and community responses to sex offense.

• An introduction and overview of the history of sex offender laws
• Analyzes the role of the media in sex offense and sex offender policies
• Examines the political "untouchability" of sex offender laws and their adverse effects
• Features interviews with victims of sexual assault, investigating their points of views on what kinds of reforms need to be made to sex offender laws

Thought-provoking and insightful, Sex Offender Laws serves as a vital resource for policy makers, researchers, and students of criminal justice, law, and social work.

About the Author
Richard G. Wright is a nationally known expert on the issue of sexual offender laws. He has been a practitioner, researcher, scholar, public speaker and teacher on issues of sexual offending, federal crime control, racial inequality, and domestic violence for twenty years. After many years of community-organizing, policy advocacy, program development and implementation, he received his Ph.D. in Public Policy from the University of Massachusetts Boston in 2004. He has been published in peer-reviewed journals including Criminology & Public Policy, and legal journals on federal sex offender laws including the Adam Walsh Act, the 2003 Protect Act and the 1994 enactment of the Jacob Wetterling Act. He has been interviewed and cited by numerous media outlets including USA Today, Newsweek, the Boston Globe and National Public Radio. His intellectual and scholarly agenda includes examining the growth of preventive detention, the balance between civil liberties and the War on Terror, sexual assault and moral agency.

http://cfcoklahoma.org/index.php?option=com_content&view=article&id=284:sex-offender-expert-offers-coping-advice&catid=38:news-articles&Itemid=80

6/12/08
Despite high-profile cases, sex-offense crimes decline By Wendy Koch, USA TODAY
http://www.usatoday.com/news/nation/2005-08-24-sex-crimes-cover_x.htm?POE=click-refer

8/24/05
OBJECTIVE REPORTING FROM THE CLINICAL WORLD
http://forensicpsychologist.blogspot.com/2009/08/criminalizing-product-of-our-nightmares.html#uds-search-results

-- Programs Assisting Sex Offenders Reentering Society ---
http://www.sexual-offender-treatment.org/1-2008_03.html http://www.questia.com/read/114987157?title=Restorative%20Justice%20and%20Responsive%20Regulation http://www.geocities.com/eadvocate/issues/links.html

• Circles of Support and Accountability- The mission of COSA is to substantially reduce the risk of future sexual victimisation of community members by assisting and supporting released individuals in their task of integrating with the community and leading responsible, productive, and accountable lives. The core values on which this initiative was founded and which continue to guide us in the pursuit of our mission.-
• Better People-Oregon Program to Help Ex-Offenders Get Jobs- Grace to a Stranger: A Program Helping Sex Offenders To Blend Into The Community

The Effectiveness of Restorative Justice Proponents of restorative justice contend that it is more likely than retributive justice to reduce the incidence of crime because of its central concern for the safety of victims. It addresses crime at the macro level as well at the micro level – it recognizes the need for building safe communities as well as the need to resolve specific crime problems. The preponderance of evaluation studies have been carried out on the two main models of mediation and conferencing (Miers et al, 2001; Kurki, 2003). At a general level, these studies have demonstrated that restorative justice can have a reductive effect in certain cases and can change the behaviour of some offenders. On the whole, however, there is more evidence that restorative justice is effective in reducing either the frequency or severity of re-offending for juveniles than in the case of adult offenders (Sherman et al, 2000; Morris & Maxwell, 2003). In relation to the use of restorative justice with sexual offending, an archival study of nearly 400 court and conference cases of youth sexual assault in South Australia demonstrates that the conference process may be less victimizing than the court regime and may produce more effective outcomes (Daly, 2006). Overall the prevalence of re-offending was much higher for those young offenders dealt with by the court (66 per cent) than by the conference process (48 per cent). There is little empirical data available on circles given the relative newness of the concept. The available research evidence demonstrates, however, that circles can be effective in managing high risk sex offenders on at least two levels: in reducing recidivism rates (Wilson et al, 2002) and in engaging communities in the reintegrative process (Quaker Peace and Social Witness, 2005: 5). One such evaluation of circles in Ontario found that high-risk sex offenders receiving assistance via a circle re-offended at a lower rate incrementally in comparison with a control sample (Wilson et al, 2002). In comparing the expected recidivism rate of these offenders with the actual observed rate, sexual recidivism was reduced by more than 50 per cent (Wilson et al, 2002: 378). Moreover, each incident of re-offending was less invasive and severe than the original offence for which the offender had been imprisoned (Wilson et al, 2002: 378). Early evaluations of these projects in England and Wales have also shown that circles have been effective in reducing expected rates of recidivism and assisting in offender rehabilitation. Moreover, despite tentative beginnings, communities were willing to play a constructive and supportive role in this process (Quaker, Peace and Social Witness, 2005). It remains unclear from the empirical evidence to date what particular features of the circle environment help to reduce offending behaviour. It may be the case that the simple provision of extra focused support reduces subsequent deviant behaviour. Restorative Justice as a Response to Sexual Offending – Addressing the Failings of Current Punitive ApproachesAnne-Marie McAlinden School of Law, Queen's University Belfast

Circles of Support and Accountability (COSA or Circles) have been operating in Canada and England for several years. Following a recommendation by the Justice 2 Committee, the Scottish Government now believes it timely to consider the feasibility of introducing COSA pilots to Scotland. The SCCJR was subsequently commissioned to undertake this investigation on behalf of the Scottish Government. This report broadly covers these areas:

• The implementation experience of Circles in England and Canada;
• The distinctive features of Scottish criminal justice that might affect implementation of pilots; § The implications of volunteers working with sex offenders;
• The evidence of effectiveness of Circles so far; and,
• Feasibility issues of establishing pilot Circles in Scotland. 1.2 COSA use volunteers to form a ‘circle' around a high risk, high needs sex offender (the core member of the Circle) to support that person's reintegration into the community. Volunteers support an offender by modelling pro?social relationships, assisting with practical needs such as housing and employment, and generally encouraging the offender to lead a life free from further offending. They hold the offender accountable by challenging his attempts to rationalise or minimize offending behaviours and risky thought patterns, and by reporting concerns to authorities.1 1.3 Some of the claimed advantages of this approach are: enhancingthe monitoring capacity of statutory agencies; addressing the social support needs of offenders which are linked to offending but beyond the capacity of professionals to manage; empowering communities to participate in reducing reoffending; and providing a means of public education for volunteers and their social networks about the nature and realities of sexual offending. 1.4 Some of the claimed concerns raised by this approach are: attempting to provide statutory supervision ‘on the cheap'; risks of using volunteers from the community to work with a highly manipulative group (such as risks of collusion and safety); difficulty recruiting adequate numbers of appropriate volunteers; great expense in providing adequate training, support and supervision of volunteers;
• Restorative Justice and Responsive Regulation Book by John Braithwaite; Oxford University Press, 20 Contents
• 1: The Fall and Rise of Restorative Justice
• 2: Responsive Regulation
• 3: Does Restorative Justice Work?
• 4: Theories That Might Explain Why Restorative Justice Works
• 5: Worries about Restorative Justice
• 6: World Peacemaking
• 7: Sustainable Development
• 8: Transforming the Legal System