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Sexual violence in prisons
Laws for sexual offenders
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Englewood’s attempt to virtually outlaw the ability of registered sex offenders to live within its borders suffered a well-deserved rebuke three years ago when a federal judge overturned the ordinance because it was so restrictive. As Judge R. Brooke Jackson rightly observed, “Few sex offenders are incarcerated for life. Most will at some point return to the community, and there must be a place for them to live.” Unfortunately, Judge Jackson’s opinion was not the last word in the case, which was eventually dismissed after a complex series of rulings. But now three other sex offenders have launched a fresh lawsuit against Englewood in federal court over its zoning rules that effectively banish them from living within the city despite having served their sentences. And while some of the lawsuit’s arguments differ from the previous case, the overall challenge is no less persuasive. …show more content…
In the interest of public safety, cities should be able to impose reasonable restrictions on where registered sex offenders may live, especially those deemed sexually violent predators. But when regulations rule out 99 percent of a jurisdiction for sex offenders, as they do in Englewood, they become the equivalent of an outright ban. If one city can ban sex offenders, of course, then any city can — and many will. That’s simply not tenable, as it would force an entire class of former offenders into an illegal and perhaps semi-nomadic existence. At its logical extreme, it would force many to leave the region, which no doubt would provoke its own chain
Megan's Law operates under the logic that responsible parents, once notified that a designated "high risk" sex offender lives nearby, will be able to prevent their children from becoming the victims of another attack. One of its primary motivations is the high recidivism rate associated with crimes of sexual molestation. Without even considering the large number of sex offenses that go unreported each year, the California Sex Offender Registry reports that approximately 40% of convicted sex offenders are arrested again for a repeat offense.... ... middle of paper ...
...ing further sex offenses should be allowed (554). It is too dangerous to risk potential victims so that the offender may complete his rehabilitation program by assaulting a person a few additional times.
While Megan’s Law has given community citizens the ability be informed of sex offenders in their areas and their demographic information, one must also consider the impact Megan’s law has on these offenders when they attempt to reen...
The federal and state governments have laws which permit for the legal confinement of sex offenders deemed to pose a risk to themselves or others. In Kansas v. Hendricks (1997), the U.S. Supreme Court set forth the following criteria potential offenders must satisfy in order to be civilly committed: 1) a past of committing sexual offenses; 2) a mental disorder or impairment; 3) some form of volitional impairment; and 4) a significant risk of committing a sexual offense in the future. In order to satisfy the fourth criteria, governments have implemented the use of Actuarial Risk Assessment Instruments (ARAIs) such as the Static-99 and the Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) (Miller, Amenta, & Conroy, 2005).
Ever since the bill for having a Canadian Sex Offender Registry was passed, in December of 2004, it has been a heated debate in many boardrooms across the country. On the one hand, there are the defence attorneys deeming it slightly mentally damaging and unnecessary for their client(s). On the other side of the coin, there are the individuals claiming it to be a great idea if used in the correct manner. A sex offender registry is only useful when used correctly, with updated and accurate profiles, while remaining conscious of charter rights.
Sex offender legislation has been encouraged and written to protect the community and the people at large against recidivism and or to help with the reintegration of those released from prison. Nevertheless, a big question has occurred as to if the tough laws created help the community especially to prevent recidivism or make the situation even worse than it already is. Sex offenders are categorized into three levels for example in the case of the state of Massachusetts; in level one the person is not considered dangerous, and chances of him repeating a sexual offense are low thus his details are not made available to the public (Robbers, 2009). In level two chances of reoccurrence are average thus public have access to this level offenders through local police departments in level three risk of reoffense is high, and a substantial public safety interest is served to protect the public from such individuals.
Sex offenders have trouble reintegrating into society and are often harassed by those who become aware of their status. The sex offender management tool restricts where the offender can live and sets boundaries of how close they can be to children. Research has shown most of these restrictions are viewed as more of a stress to the offender and it is not clear how the public is ensured.
Sex offenders. These people have sparked much debate in the years past and also quite a lot now in the present time. No matter where one could go, one will always hear stories and news reports of incidents of adults being involved with children in a sexual manner or of some poor woman being raped. An example of this could be a preacher touching the altar boys, a man forcing himself onto a woman he held at gun point in an alley, it may just be an average run of the mill creep offering kids candy at a playground hoping to get something in return, or unfortunately it could just be a drunk person seen urinating outside, but that is the day and age we live in. The list is endless unfortunately and these offenders some in a variety of shapes, sizes, and appearances. There are a number of various factors such as what a sex offender is, what drives them, what civil commitment is, how civil commitment can be a solution, and why it might not work. First the question must be asked, what is a sex offender?
Although they may be out of jail, they cannot be considered free. They are unable to make their own decisions: where they can work, where they can live, and how they can live their lives are all under control of the government. These people look the same as everyone else, but underneath the mask, lay a title they cannot shake. These people are sex offenders. A sex offender is defined as anyone who has committed a sexual crime. These crimes range from serious crimes, like rape, to minor offenses, such as urinating in public, or under age consensual sex. All sex offenders are placed on the registry and are required to follow a careful protocol. Registered sex offenders are paired with a Community Corrections Officer (CCO) who oversees and supervises the offender's actions. Many restrictions are placed on the offender, and although the laws can vary from state to state, there are some basic restrictions that apply to every offender. Some of these restrictions include: a sex offender cannot move without the permission and approval of their CCO, they can only live and work in certain areas, they cannot own any firearms, their personal computers are monitored and controlled by their CCO (many websites are blocked, including pornographic content), they are not allowed to take or consume any mind altering substances such as drugs or even alcohol, and they are required to get regular counseling (“Rules”). Currently there are 747,408 registered sex offenders in the United States. Some states such as Delaware and Oregon have a higher concentration of sex offenders (500 per 100,000) where as Pennsylvania has the lowest concentration of sex offenders (94 per 100,000) (“Sex Offender Statistics”). Due to the inefficiencies ...
Tracy argues rhetorically that banning all registered sex offenders would be unjust to
The lack of opportunities to secure housing and employment and loss of family and friend support are all consequences of community notification. More than one third of registrants surveyed in a study reported they had lost a job, been denied a place to live and been harassed and treated rudely in public as a result of public knowledge of sex offender registers. Offenders are more likely to be driven underground when they are unable to secure employment or a place to live due to their status on the sex offender register. Employers are less likely to employ a sex offender due to fear of losing business from an informed public. These issues on top of the stress of being released from prison and trying
"Studies question effectiveness of sex offender laws." http://www.sciencedaily.com. ScienceDaily, LLC, 12 Aug 2011. Web. 13 Feb 2014. .
Some people might say that if a sex offender does their time in jail that is enough punishment. Others may disagree and say that more action needs to be taken because of stories like the little girl Megan Kanka, who was raped and killed by a sex offender. A sex offender who her parents were unaware of because there was no rule or law that stated anyone else needed to know. Soon after this incident happened, some states passed laws that required local communities to be notified when a convicted sexual offender moved to a specific area. These laws are different in every state. In some, the state requires that convicted sex offenders put up signs in the windows of their homes, so that the neighbors can be aware that a crime has been committed by that person. Some offenders are even required to send postcards to their neighbors, informing them of their crime. These specific states would like the neighbors to be aware of who is living near them. Almost as a “beware” so that they can take action by telling their children to stay away from the sex offenders. The internet also provides extremely convenient websites that allow users to locate addresses and photographs of the offender. The websites also include reasons why the offender was convicted. One of the reasons some say that the laws are too strict on sex offenders is because of people like the woman that actually lived with a sex offender. She was upset because she said he had already served his time and it was unfair to tell everyone in their neighborhood that he had committed that crime. Some of these offenders may constitute an unfair punishment, especially if they are the low-risk, one time offenders who have possibly learned their lesson the first time. It may be unfair becaus...
Martin, R. (1996). Pursuing Public Protection Through Mandatory Community Notification of Convicted Sex Offenders: The Trials and Tribulations of Megan's Law. The Boston Public Interest Law Journal, Vol. 6, Issue 29
The consensus on the treatment of sex offenders, with prison being the only solution, has moved towards interventions that manage the risk posed by them within the community. This change has resulted in an international move from a medical model to one of multi-agency risk management focusing on sexual abuse as a public heath problem (Duffy, 2006). Since 2009, there has been considerable transformation with regards to the treatment and risk management of sex offenders in Ireland including the creation of the Sex Offender Risk Assessment and Management Team (SORAM) comprising of representatives from An Garda Siochana, the Probation Service, Tusla, the Health Service Executive and the Irish Prison Service which was established to review and develop risk management plans for convicted sex offenders within the community (Irish Prison Service, 2016).