Book Review: Justice Perverted: Sex Offense Law, Psychology, and Public Policy

[littlefieldtccc.com – 1/13/21] Book review by Charles Patrick Ewing [The author is a first rate attorney who has worked with registrants for decades] Over the past quarter century Congress, state legislatures and the courts have radically reshaped America’s laws dealing with sex offenders in an effort to reduce the prevalence of sex offenses. Most convicted sex offenders must now register with the authorities, who then make information about them available to the public. Possession of child pornography has been made an extremely serious crime often punishable by prison sentences that…

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MN: Civil Commitment of Sex Offenders Pretends Prisoners Are Patients

[reason.com – 2/10/21] The practice evades constitutional constraints by casting punishment and preventive detention as treatment. Jacob Sullum | 2.10.2021 12:01 AM “It was my understanding that I was to do the treatment, then be released,” says Mike Whipple, who recently participated in a 14-day hunger strike at the Minnesota Sex Offender Program’s facility in Moose Lake. “Twelve years later, I’m still here, doing the same thing, over and over and over.” So far the civil commitment program has incarcerated Whipple three times longer than the prison sentence he served.…

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American Law Institute To Consider Recommending Elimination of Public Registry, Other Significant Reforms

[ali.org – 1/25/21] The Council of the American Law Institute (ALI) agreed on January 22 to recommend that its membership adopt new provisions in the Model Penal Code (MPC) that would significantly limit sexual offender registries. The draft approved by the Council includes new MPC provisions under which: Many offenses now registrable would not require registration (e.g., possession of child pornography, but also less serious contact offenses). There would be no public notification that individuals are on the registry, and no public website or other public  access to the registry,…

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AZ: Arizona’s Sex Offender Laws: Recommendations for Reform

[Tamara Rice Lave in arizonastatelawjournal.org – 1/13/21] In this Article, I consider ways in which Arizona’s laws regarding sex offenders should be reformed. I begin by focusing on laws that are designed to deal with the danger posed by convicted sex offenders: registration requirements, residence restrictions, and civil commitment. I contend that the state has overstated the risk posed by convicted sex offenders and that the laws meant to control them may do more harm than good. Next, I turn to police sexual violence. I argue that the state needs…

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Public Perceptions Of Youth Who Commit Sexual Offense Is Skewed, Our Research Shows

[jjie.org – 1/11/21] Few crimes stimulate such visceral reactions and deep-seated fears as sexual offenses. Accordingly, societal responses to sexual offending such as registration and notification laws tend to be quite punitive and highly stigmatizing for the offender. Yet these social control practices are widely considered by the public to be essential for community safety. However, given lessons learned about the linkages between moral panic and legislation in other justice contexts (e.g., juvenile “superpredators” and waiver/transfer laws), we question the degree to which public perceptions about the characteristics of persons…

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Banishing ‘Sex Offenders’: How Meaningless Language Makes Bad Law – Guy Hamilton-Smith

[Southwestern University Law Review  – papers.ssrn.com – 12/3/20] Abstract: An essay on how the term “sex offender” is functionally meaningless, and invites policy responses that are out of step with the reality of sexual harm. These policy responses, in turn, hobble our efforts to reckon with sexual harm, foreclose accountability and redemption, and elide more effective approaches. View the download page  

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The Outspoken Offender: Can You Shed The Sex Offender Stigma? [Podcast]

[radio.com – 12/29/20] “My hope is to encourage registered citizens, former inmates, and anyone facing stereotypes  and social ostracism to move beyond society’s labels” A positive podcast offering advice, tips, and general commentary on a variety of issues including – – Social ostracism – Sex offender issues – Living with a felony – Second chances – Empathy and compassion – Housing and employment rejection Includes theses podcasts: “Can You Shed The Sex Offender Stigma?” “Introduction and Sex Offender Registry Myths and Facts – The Outspoken Offender” “Ways to Use Haters…

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Sex Offender Registries in Europe and Around the world

[ccresourcecenter.org – 11/24/20] We are pleased to publish new research by Stephen Schulhofer about the treatment of sex offense registration in the UK, Canada, Australia, New Zealand, and the EU. The research, presented here with an introduction by Alessandro Corda, comes from material prepared for inclusion in an upcoming draft of the Model Penal Code: Sexual Assault and Related Offenses (full citation and disclaimer below). Introduction: An Important Look at Foreign Policy and Practices Regarding Sex-Offense Collateral Consequences By Alessandro Corda, Lecturer in Law, Queen’s University Belfast School of Law…

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When Hate Speech Leads to Violence

[thecrimereport.org – 11/13/20] by Derek W. Logue I recently received an email from the wife of a person listed on the public sex offense registry in a small town in Washington State. She was immensely concerned about seeing a pickup truck parked at a local business sporting a decal portraying a man shooting a kneeling man, execution-style, in the back of the head, with the caption reading, “Shoot Your Local Pedophile.” (The truck also displayed a #SaveOurChildren sticker, a QAnon slogan adopted from Anita Bryant’s defunct anti-homosexuality crusades.) She voiced…

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Facebook page requires no evidence to call men sexual abusers

[thepostmillennial.com – 11/11/20] This summer, we witnessed a new wave of #MeToo sexual misconduct accusations on social media targeting powerful men in various industries in the province of Quebec. Like the previous instance of online indictments of sexual harassment, few professed victims could present proof supporting their allegations’ validity. And so, we were told to “believe all victims,” even when evidence was absent. Not satisfied with the current Quebec’s legal process, Delphine Bergeron and an unnamed collaborator decided to curate a public list of potential sexual harassers’ names. The administrators…

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Never Settle for Scraps

Recently, I was watching the movie, “Braveheart” when I was catapulted into a state of utter determination. The scene that moved me is when William Wallace explains that he plans on invading and defeating the English on their own ground; and in doing so, he will wrest Scotland’s freedom from the grip of King Edward Longshanks. When the lords and other members of the varying clans scoff at Wallace and tell him that successfully invading England is impossible, Wallace exclaims, “Why? Why is that impossible? You’re so concerned with squabbling…

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LA Times Op-Ed: Polly Klaas was our sister. We don’t want unjust laws to be her legacy

[latimes.com – 10/18/20] To many people, the face of Polly Klaas is a reminder of a horrific moment in our nation’s history. For us — her sisters — Polly’s face represents a constellation of childhood memories that remain precious to us today. Those memories ended abruptly on Oct. 1, 1993, when a man followed Polly home from the park and took her from our bedroom. … To us, the trauma of Polly’s death was made all the more confusing and frightening by the media frenzy surrounding it. As children, we…

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Publishing Registered Sex Offenders’ Home Addresses Before Halloween Is Gratuitous, Unethical, and Reckless

[reason.com – 10/10/20] Every year in the run-up to Halloween, Patch publishes maps showing the homes of “registered sex offenders” in various cities. Ostensibly, this information is aimed at helping parents who worry that their children might be molested while trick-or-treating. But research shows that such fears have no basis in reality, and these stories—like the warning signs and restrictions imposed by local police prior to Halloween—mainly serve to stigmatize people who have already completed their sentences, along with their spouses and children, who have committed no crimes at all.…

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Oregon Voices Submits Formal Response to Proposed SORNA Regulations

[oregonvoices.org] Oregon Voices, an organization devoted to support and advocacy for individuals and families affected by the sex offender registry, submitted yesterday its formal response to the proposed SORNA regulations issued by the federal government last month. Below is an excerpt from that response and a link is provided after the article to the organization’s full response. “We commend Oregon Voices for formally responding to the proposed SORNA regulations,” stated ACSOL Executive Director Janice Bellucci.  “ACSOL and its allies will submit its response next week prior to or on the October…

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FAC: Have sex offense laws ‘jumped the shark’?

[floridaactioncommittee.org – 9/30/20] The phrase “jump the shark”, according to the Urban Dictionary, is the point at which something loses its touch and begins to grasp at straws. It was coined by Jon Hein, who wrote a book citing examples of television shows that reached a peak and then began to go downhill. It refers to an episode of “Happy Days” in which Fonzie jumped a shark on water skiis. From that point on, the show ran out of story lines and came up with ridiculousness to keep it on…

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Maxwell Monty: The List

When I was growing up and misbehaving, my grandmother used to say, “Watch it! You’re extremely close to being put on my ‘S&*T List.’” That warning was always enough to curtail my objectionable activity and to keep me from finding my name on my grandmother’s unenviable ledger.  I was not exactly sure what would have happened had my name been inked in my grandmother’s register, but it was clear from her tone that shame, fear, and regret would have been part of the torment.   Her cautioning emphasized that a list…

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Maxwell Monty: When Objectivity is not the Objective

When objectivity is not the objective, the ultimate judgment is anyone’s guess. For those who have traveled down a lengthy rabbit hole doubling as a discussion on social media, it is known that more times than not the net result is a lot of subjective thinking; a lot of hyperbolic venting; and a lot of deconstructive fulminating. For each assertion of rational thought there are myriad baseless proclamations. (Read Lisa Anne Zilney’s article, “Guilt by Association: Labeling Research-Based Policy Suggestions as ‘Pro-Offender” for proof of that.) And while that can…

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Kat’s Blog: Nevada’s “Self-Pay” Ruling

With every state having its own registry, its own frequently amended and expanded rules, it’s difficult enough for registrants to keep up with what’s going on in their own state, never mind other states. In case you missed it, here’s a gem of a ruling from Nevada that became effective on 6/5/19, that once again reaches into the wallet of registrants and also appears to give sole power over whose wallet is emptied, to the Chief of the State Board of Parole Commissioners. Nevada Senate Bill 8: The State Board…

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