Sentencing high-risk sex offenders

Author(s):  
Karen Harrison

This essay considers sex offender legislation in a number of countries, including England and Wales, Germany, and the United States, and details sex offender sentencing provisions in various systems. It evaluates the policies behind these laws. The essay deals with some key contemporary questions in relation to high-risk sex offending. Are policies being driven by populist punitiveness and an agenda based on public protection and preventive detention? Or are more welfare-driven goals taken into account? Particular sentences such as mandatory life and other forms of indeterminate sentencing, such as civil commitment, are evaluated and their use and efficacy considered. Whether such policies are lawful and also ethically acceptable is also evaluated.

2021 ◽  
pp. 174889582110173
Author(s):  
Douglas Evans ◽  
Adam Trahan ◽  
Kaleigh Laird

The detriment of incarceration experienced by the formerly incarcerated has been increasingly explored in the literature on reentry. A tangential but equally concerning issue that has recently received more research attention is the effect on family members of the incarcerated. The stigma of a criminal conviction is most apparent among families of convicted sex offenders, who experience consequences parallel to those of their convicted relative. Drawing from interviews with 30 individuals with a family member incarcerated for a sex offence in the United States, this study explores manifestations of stigma due to familial association. The findings suggest that families face negative treatment from social networks and criminal justice officials, engage in self-blame and that the media’s control over the narrative exacerbates family members’ experiences. Given the pervasiveness of criminal justice system contact, the rapid growth of the sex offender registry in the United States, and the millions of family members peripherally affected by one or both, justice system reforms are needed to ensure that family members are shielded from the harms of incarceration and registration.


2001 ◽  
Vol 34 (3) ◽  
pp. 256-276 ◽  
Author(s):  
Lyn Hinds ◽  
Kathleen Daly

This article explores the contemporary phenomenon of “naming and shaming” sex offenders. Community notification laws, popularly known as Megan's Law, which authorise the public disclosure of the identity of convicted sex offenders to the community in which they live, were enacted throughout the United States in the 1990s. A public campaign to introduce “Sarah's Law” has recently been launched in Britain, following the death of eight-year old Sarah Payne. Why are sex offenders, and certain categories of sex offenders, singled out as targets of community notification laws? What explains historical variability in the form that sex offender laws take? We address these questions by reviewing the sexual psychopath laws enacted in the United States in the 1930s and 40s and the sexual predator and community notification laws of the 1990s, comparing recent developments in the United States with those in Britain, Canada, and Australia. We consider arguments by Garland, O'Malley, Pratt, and others on how community notification, and the control of sex offenders more generally, can be explained; and we speculate on the likelihood that Australia will adopt community notification laws.


1993 ◽  
Vol 20 (4) ◽  
pp. 371-387 ◽  
Author(s):  
RUDOLPH ALEXANDER

The United States Supreme Court has ruled that an individual who has been judged insane and committed to a mental facility and who has regained his sanity but remains dangerous cannot continue to be confined. In a dissenting opinion, Justice Kennedy stated that the majority's decision might have put in doubt the civil commitment of persons other than insanity acquittees. The author of this essay contends that the Court's decision indeed did so and argues that dangerous or predatory sex offenders cannot now be civilly committed to mental institutions. The author argues also that the criminal justice system, rather than the mental health system, is more appropriate for controlling sex offenders.


2016 ◽  
Vol 18 (11) ◽  
pp. 2469-2484 ◽  
Author(s):  
Sharif Mowlabocus

This article reflects upon recent developments in sex offender tracking and monitoring. Taking as its focus a suite of mobile applications available for use in the United States, the author explores the impact and consequences of remediating the data held by State offender databases. The article charts the recent history of techno-corrections as it applies to this category of criminal, before then undertaking an analysis of current remediation of this legally obtained data. In doing so, the author identifies how the recontextualizing of data serves to (re)negotiate the relationship between the user, the database and registered sex offenders. The author concludes by arguing that the (mobile) mapping of offender databases serves to obscure the original intentions of these recording mechanisms and might hinder their effectiveness in reducing sex offending.


Author(s):  
Devin Cowan ◽  
Kristen M. Zgoba ◽  
Rob T. Guerette ◽  
Jill S. Levenson

Much attention has been paid to the examination of community sentiment regarding convicted sex offenders and the policy that governs these offenders’ behavior. This literature, however, has largely been absent of international comparisons of sex offender community sentiment. The current study seeks to fill this gap by drawing from the results of surveys ( n = 333) conducted in both the United States (US) and the United Kingdom (UK). Results indicate that sex offender policy is generally supported in both the US and the UK. Contrary to our expectations, we found that participants from the UK were less tolerant of sex offenders residing in their neighborhoods than participants from the US. Additionally, there is support for the notion that sex offender policy holds a symbolic value for both study locations. Theoretical and practical implications of these findings are discussed.


2019 ◽  
Vol 31 (8) ◽  
pp. 1119-1135 ◽  
Author(s):  
Deanna Cann ◽  
Deena A. Isom Scott

Sex offender residence restrictions (SORRs) have been widely implemented across the United States since the 1990s. A common concern regarding the implementation of SORRs is the decrease in viable housing options for registered sex offenders, which could potentially lead to homelessness. The vast application of SORRs across the United States, in addition to the known association between homelessness and crime, necessitates a deeper understanding of how SORRs impact rates of homelessness among this population. Utilizing data from South Carolina’s Sex Offender Registry, this study describes patterns of homelessness among this population. Specifically, using an interrupted time series analysis, we examine whether the state’s implementation of its SORR has an effect on the proportion of registered sex offenders reported as homeless. Our findings reveal a strong association between the implementation of residence restriction policies and rates of homelessness for registered sex offenders in South Carolina. Policy implications are discussed.


2016 ◽  
Vol 29 (3) ◽  
pp. 258-279 ◽  
Author(s):  
Andrew J. Harris ◽  
Rebecca Cudmore

Since the first sex offender community notification laws in the early 1990s, the expansion of online sex offender registries (SORs) in the United States has offered Americans unprecedented access to information about previously convicted sex offenders living in their communities. Despite this, survey data suggest that relatively few citizens use SORs and that even fewer use that information for specific protective purposes. The current study examines the patterns and correlates of SOR usage among a stratified nationwide sample of 1,000 U.S. adults, offering the most extensive national assessment to date of SOR use among the U.S. public. Although 45% of the sample reported that they had accessed an SOR (higher than rates reported in previous studies), the majority had done so only once or twice, most typically out of general curiosity rather than for a specific purpose. Separating these “casual users” from those who had consulted the SOR more frequently, the study revealed significant effects related to gender, age, race, political ideology, and importance of religion. Analyses also found the most frequent users to be significantly more likely to report diminished feelings of safety as a result of viewing SOR information and to engage in protective actions, including the sharing of information with family and neighbors. Policy implications for the design and implementation of public SORs are discussed.


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