Yesterday, Callahan Walsh of NCMEC—The National Center for Missing and Exploited Children—appeared on Good Morning America to urge parents to stop using the phrase “stranger danger”—the phrase that NCMEC itself popularized for decades. They rightly noted—finally—that most child sexual exploitation is from someone known to the child, not a stranger. Full Article Related Group that Put Missing Kids’ Pictures on Milk Cartons NOW Says, “Don’t Teach Kids Stranger Danger” Experts warn against teaching the phrase ‘stranger danger’
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Experts warn against teaching the phrase ‘stranger danger’
The National Center for Missing and Exploited Children is now encouraging parents to steer away from using the phrase “stranger danger,” a slogan that has been taught for decades to emphasize to children the potential threat posed by strangers. Although the group moved away from “stranger danger” years ago, the phrase is so pervasive that many parents still teach it. The group renewed their call to end its use on “Good Morning America” today. “It’s so easy, it rhymes,” Callahan Walsh, a child advocate at the National Center for Missing…
Read MoreBriefing the Supreme Court: Promoting Science or Myth?
The United States Supreme Court is considering Packingham v. North Carolina, a case testing the constitutionality of a ban on the use of social networking sites by registered sex offenders. An issue that has arisen in the case is the state’s justification for the ban. North Carolina and thirteen other states represented in a friend of the court brief make three claims concerning the risk of registered sex offenders: (1) sex offenders have a notoriously high rate of sexual recidivism; (2) sex offenders are typically crossover offenders in having both…
Read MoreSex offender registration statutes are not faring well when subjected to rational basis scrutiny
A gracious reader directed me to a recent article authored by Dr. Melissa Hamilton in the Boston College Law Review entitled Constitutional Law and the Role of Scientific Evidence: The Transformative Potential of Doe v. Snyder, 8 B.C.L. Rev. E. Supp. 34 (2017). In her article, Dr. Hamilton discusses the United States Court of Appeals for the Sixth Circuit’s August 2016 decision in Does #1-5 v. Snyder, 834 F.3d 696 (6th Cir. 2016) (Justia). That decision is pertinent to military justice practitioners for a couple of reasons. Full Article
Read MoreNY: Sex Offender Uses Social Media, Murphy Calls for Megan’s Law Update
… Senator Murphy said, “____ allegedly targeted his last victim through social media. Megan’s Law must be updated to prohibit the use of social media networks for Level 2 and 3 offenders as long as they are required to register with New York State. As a father of three kids, I will fight everyday to strengthen our laws to make sure we protect children from becoming victims of these reprehensible and disgusting acts.” Full Article
Read MoreAmericans Favor ‘Rehabilitation’ Over Jail Time, Survey Finds
A significant majority of Americans believe putting people behind bars for non-violent offenses is a wrong—and almost three-quarters favor “rehabilitation” over jail when such offenses are committed by those who suffer from mental illness, according to a Zogby Analytics/RTI International poll released today. The results, from an online survey completed by 3,007 persons across the country between December 9-13, are a sharp counterpoint to the “law-and-order” rhetoric that many observers considered one of the key appeals of President Donald Trump’s campaign for the White House last fall. Full Article
Read MoreThe Unjust, Irrational, and Unconstitutional Consequences of Pedophilia Panic
“Sounds like you enjoy sex with kids,” a reader tweeted at me after seeing a blog post I wrote about former Subway pitchman Jared Fogle. It was 2015, and Fogle had just signed a plea agreement in which he admitted to looking at child pornography and having sex with two 16-year-old prostitutes. “You also look like [a] pervert,” the reader added. That’s the sort of response you can expect if you write about the broad category known as “sex offenders” and suggest that not all of them are the same…
Read MoreGeneral Comments March 2017
Comments that are not specific to a certain post should go here, for the month of March 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Read MoreFBI Used Best Buy’s Geek Squad To Increase Secret Public Surveillance
Recently unsealed records reveal a much more extensive secret relationship than previously known between the FBI and Best Buy’s Geek Squad, including evidence the agency trained company technicians on law-enforcement operational tactics, shared lists of targeted citizens and, to covertly increase surveillance of the public, encouraged searches of computers even when unrelated to a customer’s request for repairs. Full Article
Read More“Shaming the Constitution: The Detrimental Results of Sexual Violent Predator Legislation” (Book)
The title of this post is the title of this notable new book authored by Michael Perlin and Heather Ellis Cucolo which provides a fitting follow-up to prior posts in this space this week concerning problems with sex offender recidivism data and expanding use of crime registries. Full Article
Read MoreAfraid of Jail? Buy an Upgrade
How California’s pay-to-stay jails create a two-tiered justice system. Full Article Also see Los Angeles Times article
Read MoreThe big lie about sex offenders
Much of the destructive, extra-punishment punishment we inflict on sex offenders is due to the widely held belief that they’re more likely to re-offend than the perpetrators of other classes of crimes. This has been the main justification for the Supreme Court’s authorization of sex-offender registries and for holding sex offenders indefinitely after they’ve served their sentences. Lower courts have then cited those rulings to justify a host of other measures, from severe restrictions on where sex offenders can live to GPS monitoring of their every move. Full Article
Read MoreFacebook reports journalists to police for flagging possible child porn — on Facebook
Facebook reported journalists at the BBC to police for sending them images related to suspected child pornography on the site, even though Facebook had requested examples, the news organization reported Tuesday. The BBC, which was following up on a past investigation of child exploitation on the social networking site, had found dozens of recent photos of children in sexualized positions and with suggestions of more obscene content, it reported. Other troubling content on Facebook included pages “explicitly for men with a sexual interest in children” or groups for “stolen images…
Read MoreThe Lingering Impact of Justice Kennedy’s Trumpesque Claim About Sex Offenders
Last week Robert Montgomery, a senior deputy attorney general at the North Carolina Department of Justice, seemed to have little success convincing the Supreme Court that his state’s law banning sex offenders from social media is consistent with the First Amendment. But at least one statement Montgomery made in defense of the law went unchallenged, even though it has no empirical basis. “This Court has recognized that [sex offenders] have a high rate of recidivism and are very likely to do this again,” he said. “Even as late as 20 years from when…
Read MoreThe Supreme Court’s Sex-Offender Jurisprudence Is Based on a Lie
The Supreme Court believes most sex offenders will keep committing sex crimes. The data suggests otherwise. Full Article
Read MoreHow the Supreme Court Spread a False Statistic About Sex Offenders
When a false idea gains traction, spreading far and wide, it’s always interesting to try to trace it back to its source to figure out what caused it to catch on in the first place. The New York Times has an NY Times: Dubious Data Belies Supreme Court’s Stance on Repeat Sex Offenders, and it pertains to a common myth about sex offenders: that they have extremely high recidivism rates relative to other types of criminals. Full Article Related NY Times: Dubious Data Belies Supreme Court’s Stance on Repeat Sex…
Read MorePublic Crime Registries Rarely Work, So Why Do They Continue to Grow?
____ ____ says he’s a changed man. After spending 25 years in jail for killing a man during a home invasion, ____ is looking for a second chance: “I’m not in the lifestyle I used to be in. I don’t drink. I don’t do drugs. I’m just trying to build something up before it’s too late. I’m 55 years old and I don’t have social security, retirement, or a pension.” While it’s difficult for most ex-felons to reintegrate into society, ____’s road is particularly tough. That’s because he is required to…
Read MoreDubious Data Belies Supreme Court’s Stance on Repeat Sex Offenders
Last week at the Supreme Court, a lawyer made what seemed like an unremarkable point about registered sex offenders. “This court has recognized that they have a high rate of recidivism and are very likely to do this again,” said the lawyer, Robert C. Montgomery, who was defending a North Carolina statute that bars sex offenders from using Facebook, Twitter and other social media services. The Supreme Court has indeed said the risk that sex offenders will commit new crimes is “frightening and high.” That phrase, in a 2003 decision upholding Alaska’s sex offender registration law, has…
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