Sex offender programmes: New technology coping with old ethics

Abstract

Sex offender treatment programmes offer new technologies for dealing with a serious social problem but demand the sacrifice of many traditional principles of mental health ethics, such as the therapist's obligation to give primacy to the client's interest and the therapist's duties to maintain confidentiality, use non-coercive treatment and offer a choice of therapies in all but exceptional circumstances. Recognizing that such programmes are, in fact, a form of punishment enables the formulation of more consistent and practical ethical guidelines for therapists attempting interventions with sex offenders. An example of how such guidelines could be developed uses a consequentialist justification for punishment which targets the protection of human rights, rather than crime prevention, as its goal.     

Sex offender residence restriction laws: Parental perceptions and public policy

Despite a steady decline in sex crime over the past twenty years, new laws, such as residence restrictions, targeting such crime have proliferated. Some scholars have argued that public concern about sexual offending against young children has served as a catalyst for the emergence of these laws. Few studies, however, have empirically tested this claim. To address this gap and to contribute to scholarship on public opinion about crime and justice, this research tests a central implication flowing from prior work—namely, the notion that people with children will be more likely to endorse increased restrictions on where sex offenders can live. Analyses of public opinion data from a 2006 poll of Florida residents suggest that parents are indeed significantly more likely to support such restrictions. Implications of the study for research and policy are discussed.     

Sex offender (re)integration into the community: realities and challenges

Abstract

This paper explores the benefits of engaging with self-defined communities in Northern Ireland on the issue of sexual offending and argues the case for building on existing community structures, by identifying people with leadership skills and by empowering them with the knowledge, and with connections to statutory services, that will support public protection. We address the historical context in terms of the impact of the conflict on these communities and describe the role and experience of NIACRO working in Northern Ireland, in particular its Base2 project supporting people under threat. We reference the development of current statutory arrangements for Public Protection Arrangements for Northern Ireland (PPANI) and argue the case for preparing people in the community to receive and understand the messages promoted through PPANI on the basis of our belief that public education is most effective when the people receiving it are receptive.     

The application of the transtheoretical model to offender populations: Some critical issues

Purpose. Over the past two decades, the transtheoretical model (TTM) of change has become perhaps the most widely used model of behaviour change in the treatment of addictive and/or problem behaviours. More recently, the stages of change component of the TTM has been adopted for use in forensic settings. This paper aims to review the application of the TTM model to offender populations. Arguments. The application of the TTM to offenders raises a number of issues regarding the process of behaviour change for offenders attending treatment programmes. It is argued that while the TTM has been designed to account for high frequency behaviour (e.g. smoking, alcohol misuse), offending behaviour may be less frequent and the process of change less cyclical. Moreover, it is suggested that the most important issue in a treatment context is the proper integration of the TTM constructs. There have been few empirical tests of this aspect of the model. Conclusion. While the TTM may have some value in explaining how rehabilitation programmes help offenders to change their behaviour, the stages of change construct is, by itself, unlikely to adequately explain the process by which offenders desist from offending.     

Sex offender risk assessment: Consideration of human rights in community protection legislation

Objectives. Risk assessments provided to judicial decision makers as a part of the current generation of legislation for protecting the public from sexual offenders can have a profound impact on the rights of individual offenders. This article will identify some of the human rights issues inherent in using the current assessment procedures to formulate and communicate risk as a forensic expert in cases involving civil commitment, preventive detention, extended supervision, or special conditions of parole. Method. Based on the current professional literature and applied experience in legal proceedings under community protection laws in the United States and New Zealand, potential threats to the rights of offenders are identified. Central to these considerations are issues of the accuracy of current risk assessment measures, communicating the findings of risk assessment appropriately to the court, and the availability of competent forensic mental health professionals in carrying out these functions. The role of the forensic expert is discussed in light of the competing demands of protecting individual human rights and community protection. Conclusion. Actuarial risk assessment represents the best practice for informing judicial decision makers in cases involving sex offenders, yet these measures currently demonstrate substantial limitations in predictive accuracy when applied to individual offenders. These limitations must be clearly articulated when reporting risk assessment findings. Sufficient risk assessment expertise should be available to provide a balanced application of community protection laws.     

Once a sex offender … always a sex offender: Myth or fact?

In the current focus upon prisons, prisoners, and correctional treatment, there also seems to be an increase in fear of sex offenders. “Once a sex offender, always a sex offender” has become a common belief. The following study, however, has concluded that this phrase is mistaken and misleading. The actual number of sex offenders who recidivate are few. This study, and many prior to this one, have concluded that upwards of 65% donot commit another sex offense. Most reoffenses are committed between 1 and 5 years after release, and the percentage of reoffenders declines rapidly after. A positive correlation was found between length of time spent in prison and recidivism rates. Further studies are suggested to follow up this interesting finding. Authors' Note: This paper was originally presented at the Society for Police and Criminal Psychology meeting in Austin Texas, October, 2001. The authors wish to thank Amy Phenix, Mary Moss, Roxanne Lieb, Elizabeth Drake, Lee Keene, Neal Christopherson, and Larry Greenfeld.     

Sex offender notification: An exploratory assessment of state variation in notification processes

Prior research suggested that when community members are notified that a sex offender is residing in their neighborhood they are likely to engage in precautionary behavior to prevent potential victimization. Since states employ different processes in notifying community members of the presence of a sex offender, it is important to examine the advantages and disadvantages of the various notification processes. The current exploratory study compared the proactive sex offender notification process in Hamilton County, Ohio, with the passive notification process in Jefferson County, Kentucky. Not surprisingly, study findings indicated that the proactive sex offender notification process used in Ohio resulted in better community dissemination of information.     

Sex offender punishment and the persistence of penal harm in the U.S

The U.S. has dramatically revised its approach to punishment in the last several decades. In particular, people convicted of sex crimes have experienced a remarkable expansion in social control through a wide-range of post-conviction interventions. While this expansion may be largely explained by general punishment trends, there appear to be unique factors that have prevented other penal reforms from similarly modulating sex offender punishment. In part, this continuation of a “penal harm” approach to sex offenders relates to the past under-valuing of sexual victimization. In the “bad old days,” the law and its agents sent mixed messages about sexual violence and sexual offending. Some sexual offending was mere nuisance, some was treatable, and a fraction “deserved” punishment equivalent to other serious criminal offending. In contrast, today's sex offender punishment schemes rarely distinguish formally among gradations of harm or dangerousness. After examining incarceration trends, this article explores the historical context of the current broad brush approach and reviews the unintended consequences. Altogether, this article reinforces the need to return to differentiation among sex offenders, but differentiation based on science and on the experience-based, guided discretion of experts in law enforcement, corrections, and treatment.     

Identification of gunshot residue: a critical review

A review of the scientific papers published on inorganic gunshot residue (GSR) analysis permits to study how the particle analysis has shown its capability in detection and identification of gunshot residue. The scanning electron microscope can be the most powerful tool for forensic scientists to determine the proximity to a discharging firearm and/or the contact with a surface exposed to GSR. Particle analysis can identify individual gunshot residue particles through both morphological and elemental characteristics. When particles are detected on the collected sample, the analytical results can be interpreted following rules of a formal general interpretative system, to determine whether they come from the explosion of a primer or from other possible sources. The particles on the sample are compared with an abstract idea of "unique" GSR particle produced by the sole source of the explosion of a primer. "Uniqueness" is not the only problem related to GSR detection and identification for a forensic scientist. With "not-unique" particles interpretation of results is extremely important. The evidential strength of "not-unique" particles can increase with a more fruitful interpretative framework based on Bayes rule. For the assessment of the value of a GSR in linking a suspect and a crime, it is important to compare two hypothesis: the first can be that of the evidence if the suspect has been shooting in a specific situation, the second that of the evidence if the suspect was not involved in this shooting. This case specific or case-by-case approach is closer to what the court is interested in. The authors consider that a "case-by-case" approach should be followed whenever possible. Research of models and data such as those developed in other trace evidence material (fibres, glass, etc.) using a Bayesian approach is suggested in the interpretation of GSR.     

Organised crime threat assessments: a critical review

Since the beginning of the 21st century, several national and international government agencies have initiated organised crime threat assessments. Additionally, a few scholars have published methods to assess the risks and threats of organised crime. These governmental bodies and scholars claim that their reports and methods can demonstrate that certain forms of organised crime are more threatening than others and thus help policy-makers set strategic priorities. In this article I discuss these claims by examining the reliability and validity of the operational definitions of the key concepts used, such as organised crime, threat and risk. This examination reveals that most reports and methods provide insufficient detail—and sometimes even no details at all—to guarantee the reliability and validity of their operational definitions. The search for validity is made particularly difficult by the ambiguity surrounding the concepts of organised crime, threat and risk, while the concept of cost is less problematic. Moreover, establishing what constitutes a threat is at its core a normative decision that cannot be left to intelligence analysts or scientists alone. The challenge ahead lies in acknowledging the normative framework of organised crime threat assessments and within that framework maximising the reliability and validity of the operational definitions of key concepts and related measuring instruments.     

The impact of community notification on sex offender reintegration: a quantitative review of the research literature

The purpose of this review was to better understand the impact of community notification, known as "Megan's Law," on sex offenders' reintegration into the community. Eight quantitative studies that examined the social and psychological impact of community notification on adult sex offenders (N = 1,503) were reviewed. The pattern of results across studies showed considerable similarities despite marked variability in the populations examined, survey methods used, and response rates obtained. Sex offenders rarely reported being the target of vigilante attacks. Substantial minorities reported exclusion from residence and job loss as social consequences of being publicly identified as sex offenders in their communities. The majority of offenders reported negative psychological consequences of notification but also identified benefits of knowing that others were monitoring their behavior. More intrusive notification strategies were associated with higher rates of socially destabilizing consequences. Results are discussed in terms of their policy and research implications.     

Earmarks as evidence: a critical review.

The use of earmarks as evidence in criminal trials appears to be expanding, but there is something of a dearth of peer-reviewed scientific publications to support the pursuit. This paper is a critical review of the current literature in which we emphasize the weaknesses of the present state of knowledge. Some research directions are proposed to gather statistical knowledge of the within-source and between-source variability of earmarks and earprints. Its ultimate goal is to be able to assess likelihood ratios in relation to this type of evidence.     

Rehabilitation and resettlement: a study of prolific offender case management in Birmingham, United Kingdom

In 2004, the U.K. Home Office launched the Prolific and other Priority Offenders strategy in England and Wales. This includes a rehabilitative programme with the most prolific offenders case managed throughout their involvement in the criminal justice system. The strategy is a coordinated response by local partnerships, with the aim to reduce reoffending and overall crime rates. This article is based on a review of work in Birmingham to integrate the requirements of the new strategy into existing structures and offender management programmes. Although many of the management structures and referral processes needed for the new strategy were already well developed, there were concerns over communication and clarity of roles. Consistent identification of prolific offenders across all police areas was required. Once targeted, offenders needed equality of access to services. A clear exit strategy was also needed with clear rehabilitation and resettlement criteria for offenders leaving the Prolific and other Priority Offenders strategy.     

Guardianship for crime prevention: a critical review of the literature

Cohen and Felson??s (Cohen and Felson American Sociological Review 44(4):588?C608, 1979) routine activity theory posits that for a crime to occur three necessary elements must converge in time and space: motivated offenders, suitable targets, and the absence of capable guardianship. Capable guardians can serve as a key actor in the crime event model; one who can disrupt, either directly or indirectly, the interaction between a motivated offender and a suitable target. This article critically reviews the literature on guardianship for crime prevention. Our specific focus is two-fold: (1) to review the way guardianship has been operationalized and measured, and (2) to review experimental and quasi-experimental evaluations and field tests of guardianship. Research on routine activities has had an uneven focus resulting in the neglect of the guardianship component (Reynald Crime Prevention and Community Safety 11(1):1?C20, 2009; Sampson et al. Security Journal 23(1):37?C51, 2010; Tewksbury and Mustaine Criminal Justice and Behavior 30(3):302?C327, 2003; Wilcox et al. Criminology 45(4):771?C803 2007). Evaluations of guardianship-related interventions demonstrate support for the theoretical construct; however, high-quality field tests of guardianship are wholly lacking. Implications for theory and research are discussed.     

Immature offenders. A critical history of the representations of the offender in restorative justice

This paper reconstructs and discusses how the ‘offender’ is represented within policy documents, legal statutes and scholarly literature on restorative justice, published and circulated in England and Wales over the last thirty years. The research first outlines the most wide-ranging and recurrent images and implicit assumptions of the offender in restorative justice. A set of specific offender’s features will be singled out, and the ‘ideal offender’ of restorative justice will be profiled. The final step of this work consists of mapping out the cultural context within which this ideal has emerged, in a historical perspective. The overall goal is to shed light on some taken-for-granted images surrounding the offender in restorative justice, and on the cultural context within which they have developed. In this way, it is possible to contribute toward the critical re-assessment of restorative justice whilst considering implications beyond the British context.     

Restoring the social: offender reintegration in a risky world

How to manage and reintegrate offenders released from prison is a vexing problem for governments. The challenge of reintegration has forced a pendulum shift in corrections toward a more social-psychological understanding of the nature of offender release, after decades of purely psychological paradigm dominance. This article explains how reentry problems and practice encompass the shift in a context of a risk-centric and averse public. New reentry models such as Circles of Support and Accountability demonstrate an approach to reentry that draws upon the tenets of restorative justice and desistance theories. Using qualitative data on reintegration within New Zealand, this article contributes to our understanding of the problems for correctional departments to facilitate reintegration in the context of risk managerialism, and theorizes about the dimensions and implications of “restorative reentry.”     

Screening for mental disorder using the UK national offender assessment system

Probation officers have large caseloads with high levels of psychiatric morbidity but receive minimal training in recognising/managing mental health problems. In the UK, there is no national screening procedure for mental illness among offenders that is considered effective. This study’s aim was to develop a screening system for mental/personality disorders using the Offender Assessment System. Seven screens for mental disorder were developed using items from assessments on 574 prisoners: alcohol misuse, drug dependence, antisocial personality disorder, psychopathy, learning difficulties, psychosis and severe mood disturbance. Internal validation showed that the screens performed well across accuracy estimates. Prevalence of mental disorders identified with the screens in test and validation samples was similar. However, the psychopathy and severe mood disturbance screens may be more effective in screening for true negatives. The screens are an economical method for prioritising mental health needs of the UK prison and probation population using routinely collected data.