International sex offender registration laws: research and evaluation issues based on a review of current scientific literature

In many jurisdictions, anyone convicted of a sexual offense is required to register with police, often for life. Nine different countries have now implemented sex offender registries in an attempt to protect the public from the perceived threat posed by sexual offenders. Yet such laws have been criticized as being overly inclusive, tying up limited law enforcement resources to track many offenders who pose little risk of sexual reoffending. This paper considers the available research evidence relevant to the effectiveness of such laws for the deterrence of sexual offending and the investigation of sex crimes. It is concluded that significant gaps persist in our knowledge of whether existing laws effectively reduce sexual offending or reoffending and that large-scale, well-designed studies of the impact of sex offender registration on rates of offending, the collateral consequences to offenders and their families, and the costs of such laws are needed.     

Patterns of criminal achievement in sexual offending: Unravelling the “successful” sex offender

Purpose

The current study examines significant variations in criminal achievement across sex offenders. To examine the “successful” sex offender, the study proposes a concept of achievement in sexual offending defined as the ability to maximise the payoffs of a crime opportunity while minimizing the costs.

Methods

The study is based on a sample of convicted adult male sex offenders using retrospective longitudinal data.

Results

The study findings show a wide variation in criminal achievement, a variation that is not correlated with the severity of sentences meted out or the actuarial risk scores obtained by these offenders. Those offenders who specialize in sex crimes were shown to be the most productive and least detected offenders. Two types of successful offenders emerge, the first relying on his conventional background in targeting a victim that can be repeatedly abused for a long period without detection. The second is a younger offender that is successful in the sense of being able to complete aggressions on multiple victims.

Conclusions

Results suggest that the successful sex offender is not “detected” once he enters the criminal justice system, nor is he handled in a way that may deter him from sexually reoffending in the future.     

汉初的刑罚体系

汉初的刑罚体系是文景刑制改革的基础,由“笞”、“罚”和作为正“刑”的各种肉刑、死刑组成。肉刑一般不单独运用,往往“刑尽”后,又罚使劳役。这样形成一个从轻到重,从生到死,相互衔接,有等次的刑罚统一体。过误、特殊的犯罪主体以及轻罪,适用“罚金”、“赎刑”。故意、重罪适用劳役、肉刑,直到死刑。文景改革以后,笞刑取代肉刑,劳役由无期变为有期。此外,汉初刑罚体系明显受先秦刑罚思想的影响,刑罚被视为对犯罪者的“报复”,有强烈的特殊预防和一般预防的色彩。     

Risk assessment with intimate partner sex offenders

Abstract

Risk assessment with any offender presents a number of challenges. However, risk assessment with offenders who have committed offences against their partners presents practitioners with a number of additional challenges. Intimate Partner (IP) sex offenders are reported to be responsible for the majority of adult serious sexual offences in England and Wales. However, despite calls for a unified approach to sex offender theory there has been little integration between this and the IP and family sexual violence literature. This paper summarizes the relevant literature on prevalence and cross over of sexual abuse by IP offenders, patterns of abuse, generality of offending, psychopathology and risk concerns (including risk of intimate partner homicide). Based on this, recommendations are made for best practice with IP sex offenders.     

What has worked and what has not with Minnesota sex offenders: a review of the evidence

Abstract

Since the early 1990s, many states in the USA have attempted to control sexual offending and, more narrowly, sexual recidivism by implementing longer prison sentences for sex crimes, sex offender registration and notification, residency restrictions, involuntary civil commitment and lifetime probation and parole. The early 1990s also marked the beginning of a decline in official rates of sexual offending, including sexual recidivism. This study reviews recent research conducted on Minnesota sex offenders in an effort to identify which policies, programmes and practices might have contributed to the drop in sexual recidivism rates that have been observed over the last few decades. By assessing what has, and has not, worked with Minnesota sex offenders, this study discusses how lessons learned from the Minnesota experience may apply to broader efforts within the USA and abroad to control sexual offending.     

Differences in Psychosexual Development Among Child,Peer, and Mixed Juvenile Sex Offenders

Researchers have examined a number of typologies of juvenile sex offenders, including victim age. Using data from psychological evaluations and the Multiphasic Sex Inventory-II (MSI-II; [Psychological assessment of sex offenders, 2010 ]), this study compared child offenders (i.e., victims were more than 4 years younger), peer offenders (i.e., victims were 4 years younger or less), and mixed offenders (i.e., both child and peer victims) on variables including victim, offender, and offense characteristics, and psychosexual development. Peer offenders had more severe sexual offenses, prior status/nonviolent charges, and issues with sexual functioning. Mixed offenders began offending at a younger age and were indiscriminate in gender and relationship of the victim. Mixed offenders were also more likely than child and peer offenders to have prior sex offender treatment, meaning they had previously failed treatment. As juvenile sex offenders are a heterogeneous group, these research findings suggest that child offenders, peer offenders, and mixed offenders’ treatment needs differ from each other.     

Support for Current Sex Offender Management Policies: A National Survey of the Perceptions of Professionals

Utilizing a sample gathered from two professional organizations, this study compared the perceptions held by criminal justice professionals and clinical specialists toward current sex offender management policies. In addition to controlling for demographic variables, consideration was given to the roles of belief in the cause of sex offending and punishment philosophy, both largely absent from the literature on sex offender policy perceptions, as influencing factors of policy support. Results indicate low levels of support for current policies across professional groups, however, criminal justice professionals are significantly more likely to support current policies than clinical specialists. Furthermore, belief that sex offending is caused by a lack of virtue, holding a traditional punishment philosophy, and being a parent were associated with increased support for current policies. The implications of these findings for the management of sex offenders are discussed.     

Sex offender treatment is not punishment

Abstract

The treatment of sexual offenders can be fraught with ethical dilemmas. Practitioners must balance the therapeutic needs of sex offender clients alongside the risks they might pose to others. These ethical challenges include balancing community safety with the rights of the offender, the privileged therapeutic relationship and the potential for coerced treatment. In this paper, we respond to Glaser's argument that treatment is punishment and that sex offender treatment providers breach ethical codes by violating confidentiality, engaging in coercion, and ultimately causing harm to clients. We first consider whether sex offender treatment is indeed punishment. We argue that it is not, and that mandated treatment can and should be conducted in a fashion consistent with professional codes of ethics familiar to mental health providers. We then discuss the human rights model, which we agree is an essential lens through which to view the psychological treatment of sexual offenders. We attempt, as have other scholars, to illustrate the ways in which human rights principles intersect with traditional mental health codes of ethics particularly in the case of sex offender treatment. We conclude that sex offender treatment can be conducted ethically, that treatment differs from punishment in clear and distinct ways, and that ethical treatment conforms to a human rights perspective.     

Pedophiles and Cyber-predators as Contaminating Forces: The Language of Disgust, Pollution, and Boundary Invasions in Federal Debates on Sex Offender Legislation

As a distinct class of criminals, sex offenders stand out as being particularly subject to the new "risk management" penal strategies that, according to a number of scholars, have come to dominate punishment rhetoric and practices in recent years. Nonetheless, the criminal justice policymaking that targets sex offenders appears to have a more emotionally based underside. In this paper, I examine the emotional drive that appears to undergird contemporary sex offender lawmaking, suggesting that a significant force propelling the current panoply of sex offender containment strategies is a constellation of emotional expressions of disgust, fear of contagion, and pollution avoidance, manifested in a legislative concern about boundary vulnerabilities between social spheres of the pure and the dangerous. To do so, I analyze the lawmaking discourse of U. S. legislators as they debated four proposed legislative bills directed at sex offenders during the late 1990s.     

Crime profiles and conditional release performance of psychopathic and non‐psychopathic sexual offenders

Purpose. This study investigated the influence of psychopathy and sex offender subtype on criminal history, probability of being granted conditional release, and performance while on conditional release in a diverse group of violent offenders. We predicted that psychopathic sexual offenders would be associated with relatively prolific violent and sexual offending, a high probability of successful conditional release applications despite their past behaviour (resulting from ‘putting on a good show’ in a parole hearing), and poor performance in the community. Methods. Information was gathered via a correctional file review of 310 Canadian male federal offenders. Offenders were categorized into groups based on their sexual offence history (non‐sex offender, rapist, child molester, or mixed rapist/molester) and Psychopathy Checklist – Revised (PCL‐R; Hare, 2003) ratings. Their offences (sexual, violent, or non‐violent) and their complete conditional release histories were coded. Results. Psychopathy was associated with more violent and non‐violent, but not sexual, offences. A significant interaction between psychopathy and offender subtype revealed that psychopathy was associated with a greater number of sex offences within child molesters. High‐psychopathy offenders (both sexual and non‐sexual offenders) were about 2.5 times more likely to be granted conditional release than non‐psychopathic offenders. Conclusions. Psychopathy is associated with more prolific sexual offending among child molesters and – despite their extensive criminal histories and high recidivism rate – a great proficiency in persuading parole boards to release them into the community. Specialized education and training in dealing with psychopathic offenders is urgently needed.     

The Gender Gap in Sex Offender Punishment

This paper tests theoretical arguments that suggest court actors hold gendered views of sex offenders that result in a gender gap in sex offender punishment, where women who commit sexual offenses are treated more leniently than their male counterparts. We test this argument with precision matching analyses using 15 years of data on all felony sex offenders sentenced in a single state. Results indicate that gender disparities in sex offender sentencing exist and are pervasive across sex offense types. Specifically, male sex offenders are more likely to be sentenced to prison, and given longer terms, than female sex offenders. Findings are similar across sex offense severity and whether the offense involved a minor victim. These findings suggest that female sex offenders are treated more leniently than their matched male counterparts, even in instances of more serious sex offenses and those involving minor victims. Findings support theoretical arguments that contend that court decision-making is influenced by legally-irrelevant characteristics and raise questions about the source of gendered views of sex offenders and their effects on punishment approaches. Findings also raise questions about the virtue of get-tough sentencing policies that provide leeway for such dramatic variation across different groups of people.     

Policy-makers’ perceptions on their sex offender laws: the good,the bad,and the ugly

The views and attitudes that lawmakers have about sexual offenders and sexual victimization can be influential in criminal lawmaking. And given the popularity of sex offender laws, policy-makers are central players in how state justice systems respond to sex crimes. Therefore, state-level policy-makers from across the country, who sponsored and passed at least one sex offender law in their state, (n?=?61) were interviewed about sex offenders and sex crimes. Policy-makers believe sex offender laws are too broad. The laws extend to nonviolent offenses, low-risk offenders, and thus dilute the law enforcement potency of sex offender registries. Policy-makers view existing sex offender laws as necessary to enhance public safety and as proof that lawmakers are responding to the needs and concerns of the public. Sex offender laws were also discussed as a source of political capital; a way to help ensure reelection. The sexual victimization of children and the media’s coverage of sex crimes were instrumental in these state-level policy-makers’ decisions to sponsor sex offender laws. Policy and research recommendations are offered.     

Views from the Top and Bottom: Lawmakers and Practitioners Discuss Sex Offender Laws

The perceptions and attitudes that policymakers and criminal justice practitioners have about sexual offending and sexual victimization affects how state lawmakers respond to sex crimes, and how practitioners implement sex offender legislation. Policymakers continue to create new sex offender laws and, as such, the number of convicted sex offenders continues to rise. Thus, policymakers and criminal justice practitioners are increasingly important players in the public policy response to sexual criminals. To better understand the motivation, rationale, content, and purpose of statewide sex offender laws, and their role in the day-to-day management of convicted sex offenders, a non-probability sample of policymakers (n?=?61) and criminal justice practitioners (n?=?25) from across the country were interviewed. Results indicated that nearly all respondents from both groups were familiar/very familiar with their state-level sex offender laws. Policymakers and practitioners also mentioned the influential role that specific victimizations play in creating a perceived need for more sex offender legislation. The politicians and the practitioners view the laws as effective public safety mechanisms. Still, both groups noted serious problems with the laws. Furthermore, policymakers had a more negative attitude about the efficacy of sex offender therapy than criminal justice respondents. Suggestions for future research and policy implications are offered.     

激情犯的基础理论与立法问题研究

虽然尚未进入中国的刑事立法与司法解释,但对于社会公众而言,激情犯早已不是陌生的话语.以激情犯为由要求对具体案件中的被告人从宽处罚的情形在司法实践中也屡见不鲜.但是激情犯所实施的都是严重侵害他人生命权或健康权的犯罪,欲将之用作对被告人从宽处罚的情节,必须遵循罪刑法定原则,通过立法对之进行严格的限定,否则结果可能会适得其反.首先参考国外刑事立法,介绍了激情犯的概念、特征、构成要件及处罚原则.此后,从情节适用的确定性与刑罚裁量的统一性两方面论述了对激情犯进行立法必要性,并立足于理论现行立法剖析了立法的可行性.最后,就激情犯的立法模式、认定标准、激情诱因及处罚原则等问题进行了探讨,并提出了具体的立法建议.     

Proportionality in Sentencing and the Restorative Justice Paradigm: ‘Just Deserts’ for Victims and Defendants Alike?

The doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. In Australian sentencing law, proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit account of the harm done to the victim and community has generated debate, however, as to the extent to which offenders may be now subject to unjustified, harsher punishments. This article proposes that in order to overcome the controversy of the modification of offender and victim rights in sentencing, sentencing courts adhere to a doctrine of proportionality that is explicitly sensitive to the needs of victims and offenders in a model of restorative justice that focuses on the consequences of crime as against the individual, rather than the state. The extent to which proportionality, as the current constitutive principle of Australian sentencing law, may be modified to better encourage a dialogue between victim and offender is discussed.     

An examination of the role of neuropsychological deficits in mentally disordered sex offenders

Abstract

The present study examines the neuropsychological model of sexual offending proposed by Flor-Henry (1987) in relation to a group of mentally disordered sex offenders and a control group of mentally disordered non-sex offenders. The model predicts that the sex offender group would show specific left fronto-temporal dysfunction as compared with the control group. The results, while in the predicted direction, failed to reach statistical significance. Implications and limitations of the study are discussed.     

Might informative media reporting of sexual offending influence community members' attitudes towards sex offenders?

The media represents one of the main sources of public information about sexual offending. However, the media sensationalises sexual crimes through its focus on exceptional cases, contributing to an inaccurate representation of the population of individuals convicted of sexual offences. The resulting negative community attitudes towards released sex offenders may create barriers to community re-entry and promote ill-informed legislation. The aim of the current study was to explore whether informative reporting of sexual offending might result in less negative public attitudes towards released sex offenders. Eighty-seven participants were presented either with an informative media portrayal of a recently released sex offender, a fear-inducing, typical portrayal or no media portrayal (control condition). We measured three components of participants' attitudes (affect, cognitive beliefs and behavioural intensions) towards sex offenders, in addition to participants' non-conscious, implicit, attitudes. The results showed that the informative media portrayal significantly influenced the cognitive and behavioural components of attitudes; however, the affective component and implicit attitudes remained consistently negative. Our findings suggest that the media may play an influential role in influencing public opinion about sex offenders. The potential, and the challenges, for using media to influence public attitudes towards sex offenders are discussed.     

American Criminal Justice Exposed

In The Ethics of Capital Punishment: A Philosophical Investigation of Evil and Its Consequences, Matthew Kramer argues that none of the standard rationales used to justify capital punishment successfully vindicates it and that a new justification, the purgative rationale, justifies capital punishment for defilingly evil offenders. In this article, it is argued, first, that a version of retributivism that adheres to the lex talionis as Kramer understands it does seem to call exclusively for the death penalty. Second, it is submitted that the purgative rationale is over-inclusive inasmuch as Kramer considers it applicable to certain offenders with abusive or deprived backgrounds, some offenders indoctrinated to adhere to pernicious ideologies that have impelled their crimes, and wrongdoers who have sincerely repented. Third, doubts are expressed about whether the purgative rationale justifies the execution of any offenders. Even if it is true that the continued existence of an extravagantly evil offender represents an affront to humanity, as Kramer suggests, a moral obligation to execute him does not follow. Since repentance is intrinsically valuable and since repentance would extinguish the affront to humanity, the community in which an unrepentant evil offender abides is duty-bound to foster repentance on the part of the offender by imposing banishment or life imprisonment, sanctions that afford the offender the most extensive opportunity for repentance. The community is therefore obligated to impose one of these sanctions instead of capital punishment.     

VULNERABLE VICTIMS,MONSTROUS OFFENDERS,AND UNMANAGEABLE RISK: EXPLAINING PUBLIC OPINION ON THE SOCIAL CONTROL OF SEX CRIME

With the possible exception of terrorists, sex offenders in the United States experience a greater degree of punishment and restriction than any other offender group, nonviolent or violent. Members of the public overwhelmingly support “get tough” sex crime policies and display an intense hostility toward persons labeled “sex criminals.” The theoretical literature has identified three models potentially explaining public opinion on the social control of sex crime: the victim‐oriented concerns model, the sex offender stereotypes model, and the risk‐management concerns model. However, empirical work that directly tests these models is absent. This article addresses that gap by analyzing national survey data that includes measures of the key concepts outlined in the different theoretical models and items gauging support for punitive sex crime laws as well as support for sex offender treatment. The findings provide partial support for all three models but suggest that extant theories can better explain support for punitive sex crime policies than views about sex offender treatment.     

Juvenile sex offenders: a complex population

Individuals who engage in sexual offending behavior represent a heterogeneous population. Recent research has found some success in categorizing sexual offenders based on a number of variables, particularly the type of victim. For example, differences have been found between those offenders who victimize adults when compared with those who victimize children. However, the research in this area has been conducted predominantly with adult samples. As the adult sex offender literature has progressed, it has become evident that risk assessment, treatment effectiveness, and risk management are dependent on such offender characteristics. Unfortunately, the relevance to juveniles of characteristics deemed to be important with adult sex offenders is limited due to the complexity of developmental processes, particularly with respect to mental disorders and personality formation. As such, the formulation and implementation of treatment and risk management strategies that will be effective with juvenile sex offenders are challenging. The goal of this paper is to review some of the complexities inherent in the juvenile sex offender population by focusing on specific areas of complication, including: classification systems, comorbid paraphilias and other mental illnesses, and maladaptive personality traits.