Same Crime,Different Time: Why we Need an Amended Guideline for Repeat Offenders to Minors

Currently there is a circuit split between the Second and Ninth Circuits in determining whether or not to apply previous juvenile sex offenses to the sentencing of an adult sex offender. The Second Circuit feels it is within the trial court's discretion to apply an enhancement of the U.S. Sentencing Guidelines by applying either a juvenile adjudicated or unadjudicated sex offense to the sentencing of an adult offender. The Ninth Circuit sees that as improper and only adult sex offenses should be counted toward the sentencing of adult sex offenses. Due to the vague language of this enhancement, the determination of how to apply this is up to the court's discretion. This Note proposes that the U.S. Sentencing Commission amend section 4B1.5, and decide in favor of the Ninth Circuit due to the plain text reading of the statute, as well as the intent of the guideline itself alongside the “rule of lenity” as understood in the Ninth Circuit's reasoning of only applying adult offenses to the sentencing of that adult later on in life. The positive public policy of rehabilitation of juvenile offenders would be served greatly by this amendment to this guideline. By eliminating the possibility of having such an offense count against a juvenile in the future would allow and encourage those juveniles to take positive steps toward their future.     

Considering specialization/versatility as an unintended collateral consequence of SORN

PurposeEmpirical studies examining specialization/versatility among offenders have long been an area of interest among criminologists. This same focus has only relatively recently been directed toward sex offenders.MethodsUtilize matched random samples of male sex offenders released from prison pre- and post-Sex Offender Registration and Notification (SORN) in the state of New Jersey with eight years of follow-up for measuring recidivism.ResultsVarious specialization thresholds and individualized diversity index (D) scores disaggregated by recidivism offense type (e.g., violent, property, drug, and sex offenses) suggest that these sex offenders were more diverse than specialized. Furthermore, Tobit regression analysis revealed that alcohol problems, being a rapist, being a prior violent offender, and recidivism offense frequency significantly predicted versatility compared with being married and being a prior property offender, which were inversely related to versatility. Finally, sex offenders who were released from prison post-SORN demonstrated a higher level of specialization than sex offenders who were released from prison pre-SORN, yet their tendency toward specialization was almost exclusively a function of drug offenses not sex offenses.ConclusionsSORN policy implications and directions for future research are discussed.     

The long term recidivism risk of young sexual offenders in England and Wales– enduring risk or redemption?

PurposeTo examine the long-term sexual recidivism risk of juvenile sex offenders in England and Wales, and to compare the risk to that of a first time sexual offense for non-convicted juveniles. Additionally, the study explores the long term sexual recidivism risk of other types of juvenile offenders, and the long term violent recidivism risk of these groups.MethodsThe England and Wales Offenders Index was used to extract birth cohort data. Life table methods were used to estimate cumulative recidivism risk, and discrete time hazard models were used to compare hazard functions.ResultsAt the five year period, 7% of juvenile sexual offenders have been reconvicted of a sexual offense; reaching 13% by the end of the 35 year follow-up. When the reconviction hazard of the juvenile sexual offenders was compared with the first sexual conviction risk of a non-convicted comparison group, the hazards converged statistically after 17 years.ConclusionsThe study has implications for the registration periods of juvenile sex offenders. Indefinite registration for some juveniles needs to be considered, and a review of registration after a conviction free period would provide more balance between the protection of the public and the rights of the offender.     

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.     

When Juveniles Commit Sexual Offenses: Considerations and Recommendations for Judges

Considering sexual offenders’ impact on victims, families, and communities, one cannot understate the importance of utilizing evidence‐based dispositions with juvenile offenders adjudicated for sexual offenses. This proves difficult, however, as the body of literature regarding juvenile sexual offenders is complex and often misunderstood. Research on how juvenile sexual offenders experience – broadly construed – the juvenile justice process is particularly sparse. The research that is available about juvenile sexual offender treatment, recidivism, and outcomes in general tends to be mixed as to the best way to deal with this distinctly stigmatized population. Thus, the purpose of this review article is primarily educational in that we summarize the highlights of current research and thinking in regards to juvenile sexual offenders with which judges should be familiar, and subsequently offer practice recommendations. The ultimate goal in offering and applying these recommendations in juvenile court settings is to help alleviate potential collateral consequences, increase positive long‐term outcomes for juveniles, and increase public safety.     

Role-Taking and Recidivism: A Test of Differential Social Control Theory

This research measures group differences in recidivism before and after implementation of Megan’s Law. The pre–post study consists of a total of 550 male sex offenders released during the years 1990 and 2000, of which 250 offenders were released during 1990 and 1994 (i.e., the pre‐Megan’s Law group) and 300 offenders were released between 1995 and 2000 (i.e., the post‐Megan’s Law group). Offenders were released from a general population setting and a sex offender specific treatment facility. The main variables of concern include: (1) recidivism levels, (2) days to first re‐arrest, and (3) level of harm (i.e., number of sex offenses, violent offenses, and number of child victims). Statistical findings from chi‐square and survival analysis testing indicate significant group differences on levels of general recidivism; however, no significant differences were identified on measures of sex offense recidivism. Implications of these findings on sex offender specific policies are discussed.     

Examining the Criminal History and Future Offending of Child Pornography Offenders: An Extended Prospective Follow-up Study

We examined police occurrence and criminal records data for a sample of 201 registered male child pornography offenders originally reported by Seto and Eke (Sex Abus J Res Treat 17:201–210, 2005), extending the average follow-up time for this sample to 5.9 years. In addition, we obtained the same data for another 340 offenders, increasing our full sample to 541 men, with a total average follow-up of 4.1 years. In the extended follow-up of the original sample, 34% of offenders had new charges for any type of reoffense, with 6% charged with a contact sexual offense against a child and an additional 3% charged with historical contact sex offenses (i.e., previously undetected offenses). For the full sample, there was a 32% any recidivism rate; 4% of offenders were charged with new contact sex offences, an additional 2% of offenders were charged with historical contact sex offenses and 7% of offenders were charged with a new child pornography offense. Predictors of new violent (including sexual contact) offending were prior offense history, including violent history, and younger offender age. Approximately a quarter of the sample was sanctioned for a failure on conditional release; in half of these failures, the offenders were in contact with children or used the internet, often to access pornography again.     

Violent Sex Offenses: How are They Best Measured from Official Records?

In the United States, sexually violent predator (SVP) commitment statutes generally require assessment of an offender's risk of subsequent sexual violence. Current actuarial methods for predicting sexual reoffending were actually designed to predict something else—charges or convictions for offenses deemed sexual based on information obtained from police “rapsheets” alone. This study examined the referral and past offenses of 177 sex offenders. Results showed that police rapsheets (and data based on them) underestimated the number and severity of sexually motivated violent offenses for which sex offenders were actually apprehended. Rapsheet violent offenses seemed a more accurate index of the conduct addressed by SVP legislation than were rapsheet sex offenses. We suggest that, when evaluating sex offenders for SVP status, actuarial instruments designed to predict violent recidivism (as measured by rapsheet violent reoffenses) might be preferable to those designed to predict sexual recidivism (as measured by rapsheet sexual reoffenses).

Sex offender legislation in the United States: what do we know?

In the United States there has been increased public pressure to create legislation to monitor and confine sex offenders. However, to date, there has been very little empirical evidence suggesting that these laws are effective in preventing future recidivism. This article reviews the current trends in sex offender legislation, including mandatory sentencing, civil commitment, community notification, monitoring, and supervision and the impact these policies may have on sex offender recidivism and treatment.     

Stereotypes influence beliefs about transfer and sentencing of juvenile offenders

Despite sharp drops in juvenile crime since the mid-1980s, punitive policies regarding juveniles who commit serious offenses still exist. We assessed beliefs about two such practices: transferring offenders from the juvenile justice to the criminal justice system, and subjecting them to sentences of life without parole (LWOP). We examined whether stereotypes about juvenile offenders – the extent to which people believe they are dispositionally violent superpredators versus economically and socially impoverished wayward youth – influence support for these policies. We measured 321 participants’ beliefs about the causes of juvenile crime and juveniles’ potential for recidivism and rehabilitation. Using vignette methodology and actual case facts, we described a 13-, 17-, or 21-year-old offender who murdered a stranger or abusive parent, and asked whether he should be transferred to criminal court and sentenced to LWOP. As endorsement of the superpredator stereotype increased, so did support for these practices. Offenders who murdered an abusive parent were shown more leniency. Older offenders were generally treated harsher, except by people with strong superpredator stereotypes who, on the issue of LWOP appropriateness, did not distinguish among juveniles of different ages. Findings suggest that stereotypes can influence judgments in cases involving juveniles and indirectly affect policy-making about juvenile offending.     

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.     

An Empirical Review of Family Group Conferencing in Juvenile Offenses

This study reports the results of an effect size analysis of the effectiveness of family group conferencing (FGC) on recidivism and satisfaction in juvenile offenses. Analyses were conducted on nine studies consisting of 2,880 juveniles. The average recidivism effect size for all studies showed no FGC treatment effect on recidivism. A total satisfaction effect size was calculated by the mean score of all satisfaction variables for victims, offenders, and supporters. The average total satisfaction effect size was moderate. The average effect size for satisfaction of victim, offender, and supporters was calculated for all satisfaction variables. The average total satisfaction effect size for victims was strong, moderate for offenders, and mild for parents and supporters. Between groups, comparisons were conducted to examine differences in overall satisfaction by participant group. While there were higher effect sizes for victims compared to supporters and offenders, there were no statistically significant differences between groups. Results find no support for the effectiveness of FGC in reducing recidivism. Results do show higher effect sizes for FGC in comparison to control groups in satisfaction with the criminal justice process. Recommendations for methodological improvements in future FGC research are discussed.     

Criminal profiles of violent juvenile sex and violent juvenile non sex offenders: an explorative longitudinal study

Few studies have longitudinally investigated the criminal profiles of violent juvenile sex and violent juvenile non-sex offenders. To make up for this lack, this study used police records of juveniles to determine the nature of the criminal profiles of violent sex offenders (n = 226) and violent non-sex offenders (n = 4,130). All offenders committed their first offense in 1996 and were followed for 7 years. Results showed that violent sex offenders and violent non-sex offenders cannot be considered a homogeneous group because of different background characteristics and criminal profiles. Sex and violent offenses often constitute a small part of a broader criminal pattern. Further research is necessary to reveal in more detail the developmental and criminological patterns of violent and sexual delinquency. Treatment and intervention programs may benefit from this.     

Public perception of sex offender social policies and the impact on sex offenders

This study examines the public perception of sex offender policies and the perceived impact of sex offender policies on the sex offenders themselves. Specifically, this study explores how the community feels about the effectiveness of policies such as registration and community notification (Megan's Law), and housing restrictions in reducing sexual recidivism. Data are collected from 115 participants from a nationwide online community message board. Results suggest that although most individuals support Megan's Law, they do not feel the policy reduces recidivism. Furthermore, the majority of the participants also do not believe that housing restriction statutes are effective in reducing sexual recidivism. When questioned about the policy impact on sex offenders, the majority of respondents agree that as a consequence of Megan's Law, sex offenders are afraid for their safety; however, they do not believe that residence restrictions hinder sex offenders' employment opportunities. Findings from this study are discussed as they pertain to public policy and sex offender reintegration.     

Déjà vu: from Furby to Långström and the evaluation of sex offender treatment effectiveness

Abstract

The notion that sex offender treatment does not work fuels public outrage and demands for protective legislation. This paper will respond to a recent meta-analysis reporting major weaknesses in research designs that preclude drawing conclusions about the effectiveness of sex offender treatment. Methodological and ethical challenges exist in the investigation of counselling interventions in general and sex offender treatment specifically, and we argue that the medicalization of psychotherapy research may have inherent flaws. Alternatives to dichotomous recidivism outcomes are proposed, including harm reduction measures and reduction of maladaptive behaviours. Future clinical directions for sex offender treatment are explored, including application of risk-needs-responsivity models, a focus on process as well as content and incorporation of principles of trauma-informed care.     

A prospective analysis of juvenile male sex offenders: characteristics and recidivism rates as adults

This research assesses the recidivism rates of a sample of 300 registered male sex offenders who were juveniles at the time of their initial arrest for a sex offense. This sample is followed for 3 to 6 years after they reached adulthood; recidivism rates are assessed during their adulthood only. The typical juvenile is a 15-year-old Caucasian male who was arrested for sexual assault or indecency with a child. The majority of the victims are females with an average age of 8. Although only 13 are rearrested during the follow-up period for a sex offense, more than half of the sample is arrested at least once for a nonsexual offense. The results of a Cox regression indicate that victim age, offender age, and victim sex are significant predictors of recidivism during adulthood.     

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.     

The Injustice of a Felony Conviction for Offenders Under Age Twenty‐One: A New Option for the Courts to Save Our Youths’ Futures

When the Criminal Justice System adjudicates an individual felony offender, it complicates many aspects of that individual's life; from applying for colleges, and jobs to attempting to become contributing member of society. In New York, to prevent seven‐ to sixteen‐year‐old youth who commit felony offenses from becoming felony offenders, the courts prosecute them as juvenile delinquents or juvenile offenders. In the United States, individuals under the age of twenty‐one cannot purchase alcohol or tobacco and cannot get married without parental consent, but they can be charged with a felony. Before and even after reaching the age of twenty‐one, individuals are still in need of guidance, support, education, employment, and stability as brain development is still ongoing. To help protect those who have not reached the age of twenty‐one, states should implement Senior Youthful Offender Hearings as proposed in this Note. This hearing is a two‐part hearing: (1) determine if an individual should be considered eligible for the protections under the current Youthful Offender Laws and (2) determine sentencing and alternatives to incarceration, focused on steering Senior Youthful Offenders on the right path.     

Factors related to recidivism for youthful offenders

Little is known about youth who were previously placed in a detention facility and what factors predict a subsequent recidivism to placement. This study of a two-county juvenile offender population (one urban and one rural) investigates what demographic, educational, mental health, substance dependence, and court-related variables predict recidivism to detention placement. Findings from logistic regression analysis indicate that seven variables significantly predict juvenile offenders’ recidivism placement, some expected and some unexpected. Predictors that made recidivism more likely include youth with a previous conduct disorder diagnosis, a self-reported previous suicide attempt, age, and number of court offenses. Conversely, predictors that made recidivism less likely include race (Caucasian), a previous attention-deficit hyperactivity disorder diagnosis, and a misdemeanor conviction. These findings indicate that the use of a community-based suicide and mental health screening and referral approach may help to identify and assist these high-risk youth in receiving needed services prior to juvenile court involvement or during delinquency adjudication.