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Essay on Sex Offender Registration and Notification Act
Essay on Sex Offender Registration and Notification Act
The importance of sex offender registration
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Sex offender registration is a system for monitoring and tracking sex offenders following their release into the community. The registration system provides important information about convicted sex offenders to local and federal authorities and to the public. Registration laws require that sex offenders provide information such as their criminal history, physical description, and their home address. In some areas of the United States, the lists of all sex offenders are made available to the public. They can be made available through newspapers, community notification, or the Internet. In other areas, the complete lists are not available for the public but are known to the police. Sex offender registration is mandatory if a person pleads or …show more content…
is found guilty of violating any of the listed offenses, regardless the nature of the offense or offender.
A sentencing judge does not sentence a person who was convicted into the sex offender registry. They cannot also usually use judicial discretion and decide on their own if registration is required no matter the circumstances. Depending on the jurisdiction, the offenses that require registration can range all the way from public urination to violent rape and sexual murders involving children. Sex Offenders are often classified in three categories: Level I, Level II, and Level III offenders. In certain areas the level of an offender is determined based on the evaluated recidivism risk of the individual offender. Other places base it on the morality of the conviction, without assessing the risk level posed by the offender. This need for sex offender registration laws came about after a parent’s worst nightmare.
b. On Oct. 22, 1989, 11-year-old Jacob Wetterling was kidnapped while biking home from a convenience store. After 25 years later, Jacob still remains missing, and the identity of his kidnapper is still unknown. After doing research, Patty Wetterling, Jacob’s mother, found out that the state she lived in had no database that might help the police identify a list of potential suspects. She also learned that Congress had never tried to create a national approach to sex
offender registration and was determined to change this. In the 1990s, came about the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act. Jacob’s Law used federal revenue to try and get every state to create a sex offender registry. Today, all 50 states and Washington, D.C., have sex offender registration systems. Since then Congress has also passed related statutes named Megan’s Law, which went into law in 1996, that required the police to give public access to some form of sex offender registry data. Then in 2006, the Sex Offender Registration and Notification Act strengthened the requirements for who must register and for how long and required periodic in-person visits to authorities. Theoretical underpinnings of sex offender registration laws were based on the assumptions that sex offenders were believed to be at a high risk for reoffending and it was thought that strangers commonly committed sex offenses against children. The goals of creating sex offender registration laws were intended solely to aid law enforcement in tracking and apprehending recidivist offenders and help local households protect themselves through monitoring and avoiding offenders in their neighborhoods. The notification laws aimed at reducing crime through greater public awareness of nearby sex offenders and help reduce crime by raising the punishment for first-time sex offenders whose crimes and personal information will be made public upon release if they are caught and convicted. Basically the goal of sex offender registration laws is that if police had a list of these sex offenders and the public was able access it, children would be safer. c. This paper will provide empirical evidence that will either support or question the effectiveness of sex offender registration laws and the reduction of crime.
This essay begins with the introduction of the Risk-Needs-Responsivitiy Model which was developed to assess offending and offer effective rehabilitation and treatment (Andrews & Bonta, 2007). The R-N-R model “remains the only empirically validated guide for criminal justice interventions that aim to help offenders” (Polashek, 2012, p.1) consisting of three principles which are associated with reductions in recidivism of up to 35% (Andrew & Bonta, 2010); risk, need and responsivity. Firstly, the risk principle predicts the offenders risk level of reoffending based on static and dynamic factors, and then matched to the degree of intervention needed. Secondly, the R-N-R targets individual’s criminogenic needs, in relation to dynamic factors. Lastly, the responsivity principle responds to specific responsivity e.g. individual needs and general responsivity; rehabilitation provided on evidence-based programming (Vitopoulous et al, 2012).
The following research will display an overview of the process in Texas on how sex offenders are registered along with the notifications that are followed after registration. Texas, as many other states, has a procedure which requires sex offenders to register with the local law enforcement agencies at the time of their discharge. In addition to registration, they must also comply with further probation regulations. Research has concluded that there are four basic phases of registration and notification. Beginning with offender notified, following the offender registration and community notified and ending with public notification
Sex offender notification laws have been among the most widely discussed and debated criminal justice policy issues in recent years. Numerous studies have been conducted on various views of sex offender notification laws. A vast majority of these studies have mixed research, some showing that sex offender notification laws are more beneficial than harmful and should continue, and others showing the exact opposite. Reasons such as public safety, the fear factor, and the hope for future recidivism to go down are some examples of why many believe that sex offender notification laws are beneficial to society. Others believe that such laws are a continuation of punishment for those who were convicted of a sex offense.
The federal Megan’s Law established three specific conditions. The first condition required information from state sex offender registries to be distributed publicly so that all community citizens have access to it. The second condition required any information collected by registration programs within the states to be released for any reason given that it is allowed under the state law. Finally, the third condition required local and state law enforcement agencies to release all applicable information from state registration programs needed for the protection of the public (Corrigan, 2006, p. 271).
Vandiver, D. M., & Teske, R. (2006). Juvenile female and male sex offenders a comparison of offender, victim, and judicial processing characteristics. International Journal of Offender Therapy and Comparative Criminology, 50(2), 148-165.
There is much debate as to whether a sex offender should be released into the public, this debate stems from the idea that a sex offender cannot be treated and that they are a danger to the public as they are ‘purely evil’ (Burke, 2005), however there is much evidence that sex offenders can be treated and re-introduced into society as a productive member. Sex offender is a general term used to refer to any person who has been convicted of crimes involving sex, from rape and molestation to exhibitionism and pornography distribution. There are many theories which try to explain why people are sexual offenders, these theories along with treatments for sex offenders will be looked at to help explain why people sexually offend and to help evaluate whether sex offenders should be released.
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.
In the United States as a condition of parole sex offenders are typically required to register with law enforcement officials when released from prison. These officials notify the public of the offender’s release back into society and provide them with information such as the offenders address, and other personal information. Research indicates the notification system can have an adverse effect on the offender’s life, casting doubt on what the laws intended purpose to protect the public. This paper will explore the background of sex offender registries, the relationship between the sex offender notifications and registration laws and higher rates of recidivisms in the United States.
Sex-offenders have to attend treatment, can be put on electronic monitor, submit to a polygraph test, give probation officer home address, register as a sex-offender, and has to let the Department of Public Safety know if they move or change their address. There is no drinking or drugs, they may have to give up their computers, tell sex partners about their history, and some even chemically castrated. Sex-offenders may have more than two probation officers or parole officers. An unit team will monitor and help to rehabilitate the offender. The sex-offender will have a curfew and have to pay fines and restitution.
Treatment approaches consist of cognitive behavioral and multisystemic therapies (Fanniff & Becker, 2006). Juveniles that are convicted of sex offenses may be placed on sex offender registry, occasionally a permanent status (Salerno, Stevenson, el al., 2010). It is unlike a sex offender to adhere to the appropriate sexual and social behaviors; thus the goal for adolescents is to understand the complex world to overcome the typical characteristics of a sex offender. This paper will consist the common characteristics of juvenile sex offenders and the treatment that are considered to be effective. Additionally, academic research is acquired that focus on offender registration and recidivism
Over the last few decades classification systems for offenders have been used for a variety of organizational purposes. Over time these classification systems have evolved, not only as a whole in the criminal justice system, but also varying between different organizations. Classification systems that create models based on the risks and needs of offenders are most popular. Throughout the years these models and the purposes for their use have been in a state of change, as well as the way their effectiveness is gaged.
However, there is not enough research to prove that community notification prevents reoffending. Registers can only deter and trace already convicted sex offenders. However, research on reoffending patterns of sex offenders suggest that most sex offenders have not previously been convicted and released, so registration cannot protect the community from the majority of sex offenders. A Department of Justice study in the United States suggested that sex-offenders have a recidivism rate of 3-5% within the first three years after release. A New Zealand Department of Corrections study in 2008 revealed that over a 15-year period, 73% of sex offenders had not been charged or convicted for further sexual offending. International studies suggest that sex offender recidivate less than drug, property and burglary offenders. Ideas perpetuated in the media argue that sex offenders are different, they cannot be cured and they have high recidivism rates, however these conclusions are based on sensationalised media reporting on high profile attacks. One of the main purposes of a sex offender register is to reduce recidivism, however these studies and more show that sex offender recidivism is not as high a rate as it is perceived to
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...
Sex offenders have been a serious problem for our legal system at all levels, not to mention those who have been their victims. There are 43,000 inmates in prison for sexual offenses while each year in this country over 510,000 children are sexually assaulted(Oakes 99). The latter statistic, in its context, does not convey the severity of the situation. Each year 510,000 children have their childhood's destroyed, possibly on more than one occasion, and are faced with dealing with the assault for the rest of their lives. Sadly, many of those assaults are perpetrated by people who have already been through the correctional system only to victimize again. Sex offenders, as a class of criminals, are nine times more likely to repeat their crimes(Oakes 99). This presents a