THE IMPACT OF MEGAN'S LAW ON SEX OFFENDER RECIDIVISM: THE MINNESOTA EXPERIENCE*

Although Megan's Law was passed more than 10 years ago, very little is known as to whether it reduces sex offender recidivism significantly. Using a retrospective quasi‐experimental design, we examine whether community notification has a deterrent effect by comparing the recidivism rates of 155 level 3 (“high public risk”) sex offenders released from Minnesota prisons between 1997 and 2002 who were subject to broad notification with two separate control groups who were not. The first control group (referred to as the prenotification group) contained 125 sex offenders released between 1990 and 1996 (the 7 years preceding the implementation of the Community Notification Act) who likely would have been subject to broad community notification had the law been in effect at the time of their release. The second control group (referred to as the non‐notification group) was composed of 155 offenders (37 level 1 and 118 level 2) released between 1997 and 2002 who were not subject to broad community notification. The results from the Cox proportional hazards models reveal that broad community notification significantly reduced the risk of time to a sex reoffense (rearrest, reconviction, and reincarceration) compared with both control groups. The findings were mixed, however, for both non‐sex and general reoffending. Whereas broad community notification significantly reduced the risk of timing to both non‐sex and general recidivism compared with the prenotification group, no such effects were found in the non‐notification group analyses. We discuss the implications of these results and attempt to explain why Megan's Law seems to reduce sex offense recidivism in Minnesota.     

Prospects for the international migration of U.S. sex offender registration and community notification laws

Sex offender registration and community notification laws have proved enormously popular in the U.S. This is so even though the avowed sexual violence preventive benefits of the laws remain largely untested and unproven; indeed, it remains an open question whether the laws actually have anti-therapeutic and criminogenic effect. This article examines why this data deficit has characterized the social and political evolution of the laws and considers the prospects for their migration to other nations.     

The sex offender next door: deconstructing the United States' obsession with sex offender registries in an age of neoliberalism

In the 1990s, against the backdrop of an ascending Age of Neoliberalism, sex offender registration statutes were passed in the United States. These laws require law enforcement officials to utilize computer technologies in order to publicly identify individuals who have been convicted of sexual offenses. In this study, we conducted in-depth interviews with twenty-four respondents who were forced to register as sex offenders. All of these participants resided within Southeast Texas, which is arguably one of the most punitive regions within the United States. The vast majority of the sample reported moderate to severe forms of harassment as a result of being outed as sex offenders via computer technologies. We conclude that in the post-Keynesian United States, the Web-based monitoring of sex offenders will continue to remain a popular American pastime and may even expand to other industrialized democracies throughout the world.     

Exploring the role of locus of control in sex offender treatment

Abstract

This study aims to investigate the concept of Locus of Control (LoC) and its relationship to risk, personality disorder and treatment outcome in sexual offenders. The sample was taken from referrals to a community treatment service for sexual offenders in south-east London. One hundred and eighty-five men completed a measure of LoC at the time of assessment, of whom 74 entered the treatment programme and 39 completed a post-treatment LoC measure. At assessment, child molesters and non-contact offenders had a significantly more external LoC than rapists, and LoC was also significantly associated with cluster A and C personality disorder traits, as well as the presence of traits in two or more personality disorder clusters. LoC was not associated with risk measures or compliance with treatment. Once outliers were removed, a significant change was seen in post-treatment LoC scores, with most change occurring in an increasingly internal direction.     

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.     

Utilizing Criminal History Information to Explore the Effect of Community Notification on Sex Offender Recidivism

While sex offender registration laws with notification provisions are now over a decade old, little is known about how these policies influence the prevention of sex offending. Very few studies have considered the impact of notification on sex offender recidivism or the effect of these laws on sex crimes, generally. This study considers the effectiveness of offender tracking and declaration at the state level through evaluation of current sex offender laws in Arkansas. Using a quasi‐experimental regression‐discontinuity design, this research evaluated the recidivism of the first three waves of sex offenders registered in the state (1997–1999) vs. a comparison group of sex offenders from a decade earlier (1987–1989). Findings indicate there is no statistically significant difference between the two groups in terms of recidivism. Policy implications are discussed.     

Fear of Crime among Gang and Non-Gang Offenders: Comparing the Effects of Perpetration,Victimization, and Neighborhood Factors

This is the first study to examine adult offenders’ fear of property, personal, and gang crime. We examine five research questions among 2,414 jail inmates, focusing on how afraid offenders are of crime. We compare current, ex-gang, and non-gang members. We ask if more experience with crime perpetration and victimization and more perceptions of social disorganization increase offenders’ fear of crime. Finally, we ask if the importance of these factors in predicting fear varies by gang status. Results show that offenders, generally, were not very afraid of crime. Although ex-gang and current gang members believed they were more likely to experience property, personal, and gang crime, they reported less fear than non-gang members. Crime perpetration did not influence offenders’ fear, but less experience with personal crime victimization predicted fear of personal and gang crime among non-gang members. The results also indicate that perceptions of social disorganization better explain fear among non-gang members than ex-gang and current gang members.     

Application of the clinical polygraph examination to the assessment,treatment and monitoring of sex offenders

Abstract

Post Conviction Clinical Polygraph Examination Testing (Lie Detector Testing) offers significant opportunities for assessing, treating and monitoring sex offenders. This article briefly reviews the historical development of polygraph techniques including the physiological measures employed, the administration of the polygraph and the interpretation of data collected. Criticisms of polygraphy are explored and information concerning the scientific acceptability of these procedures is given. The current influence of polygraphy in sex offender work is reviewed. Evidence is given of the utility of polygraphy in reducing denial, improving treatment outcomes and more effectively supervising sex offenders on probation or license. Cost benefit considerations are examined, as well as the need for further controlled research and future regulation of the polygraph, if it is to be introduced in Britain. Planned UK Trials are described.     

Measuring community social organization: Sense of community as a mediator in social disorganization theory

The current study utilized an updated systemic model of social disorganization to investigate neighborhood effects on both positive and negative youth outcomes. Although empirical support for updated social disorganization models has increased in recent years, the field continues to rely too heavily on behavioral indicators of community social organization. Unfortunately, these measures do not assess the truly important social processes and dynamics that result in cohesive and supportive neighborhoods. It was proposed that sense of community (SOC) was a more valid, comprehensive, and applicable measure for the mediating variables in social disorganization theory. Results supported the hypothesis that SOC mediates the effect of neighborhood disadvantage on youth outcomes and implications for the field are discussed.     

论农村基层组织人员的职务犯罪之成因——以Y县为例

农村基层组织人员职务犯罪的形成是社会系统非良性运行的结果。当前农村处于特殊转型时期,村民集体效能低下、社会控制弱化形成了农村基层组织人员职务犯罪产生的不良客观环境,而要预防和减少犯罪,需要改善和加强社会和国家对农村基层组织的社会控制。     

The impact of forced forensic psychiatric confinement on composition and structure in the personal networks of personality-disordered forensic psychiatric patients

This study explored to what extent the composition and structure of personal networks of personality-disordered forensic psychiatric patients changed before and after forced confinement in a forensic psychiatric centre. Semi-structured in-depth interviews with 36 patients and selected members of their networks were examined. During forensic psychiatric treatment, patients reported a decrease in network size, in the number of high-risk network members, and in the number of social ties between these high-risk network members. Personal relationships were of shorter duration, with lower levels of contact frequency and reciprocity. No changes were observed in the patients’ companionship, practical and emotional support networks. During forensic psychiatric treatment, patients reported some new relationships, especially with persons outside the forensic psychiatric centre. Information on compositional and structural personal network factors over time helps forensic mental health professionals to properly assess and manage the important dynamic social network conditions associated with recidivism.     

重大责任事故罪相关问题探析

重大责任事故罪修改之后,其整体宗旨也发生了一些变化。首先,刑法第134条第1款和第2款之间成为了一般规定和特殊规定或者说是注意规定的关系;其次,犯罪主体从特殊主体成为了一般主体;最后,在"强令他人违章冒险作业"的认定上必须做实质性考虑。     

危险驾驶罪犯罪构成及相关问题研究——以风险社会管理为视角

德国社会学教授乌尔利希.贝克指出,风险社会已成为当今社会的中心议题。为了实现对风险社会的管理,我国在立法上,特别是刑事立法上不断与时俱进,进行了相应的修改,危险驾驶罪作为抽象危险犯,是刑罚处罚的早期化,它是风险社会中风险控制的体现,能实现刑法的提前保护,又能充分保障人权,防止刑罚权滥用。     

犯罪对象概念的批判性考察

我国刑法理论中的犯罪对象概念面临着很多理论困境,这些困境产生的根源在于犯罪对象在犯罪构成中的体系性位置及功能产生了错位。在传统理论中,犯罪对象同时作为犯罪客体的物质承担者和犯罪行为所直接指向、作用的对象而存在。实际上,这两种功能的承担者在某些情况下是分离的。我们应彻底抛弃犯罪对象的概念,以行为对象和社会关系的物质承担者,来分别承担犯罪对象原有的两种功能。     

A Test of Generalizability of the Social Development Model Across Gender and Income Groups with Longitudinal Data from the Elementary School Developmental Period

The social development model (SDM) is a theory of behavior that has proven useful in explaining the etiology of delinquency, violence, and substance use among adolescents as well as early antisocial behavior among pre-adolescents. A further test of the model is its generalizability across population groups. A section of the SDM representing prosocial influences in the etiology of problem behavior was compared for boys and girls and for children from low- and non low-income families using three waves of child, parent and teacher survey data on a sample of 851 elementary school students. Multiple group structural equation modeling was used to assess differences across groups in both measurement of model constructs and hypothesized structural paths between constructs. The results indicate overall similarity in the reliability of measurement models and validity of structural models.     

The utility of trauma evaluations in judicial decision-making in child sex trafficking cases: A qualitative analysis

Youth coerced into trafficking experience multiple forms of abuse, and are deprived of basic human rights associated with liberty and self-determination, all of which can adversely affect mental and psychological well-being (Ottisova et al., Behavioral Medicine, 44(3), 234-241.). This study uses a qualitative approach to exploring how judges use trauma-related information to make decisions about how to adjudicate cases involving minors who have been sexually trafficked. Additionally, the study identifies barriers to receiving data, the court resources needed to effectively respond, and potential remedies to address gaps in effective case management. The study uses data from 82 juvenile and family court judges from around the USA 27-item structured interview was used to determine the availability and utility of trauma services, needed resources, and solutions to overcome gaps in effective case adjudication. Themes emerged related to lack of access to and timing issues that limited the utility of reports, lack of congruency between recommendations and available resources and child and family resistance to disclosures. Solutions to overcome barriers are related to increased cross-disciplinary collaboration, awareness and responsiveness. Legal remedies such as Safe Harbor laws can only be realized if the systemic context is aligned and appropriately resourced toward responsiveness.     

习近平法治思想对法治基本价值理念的传承与发展

习近平法治思想对法治的基本价值、理念进行了本土化诠释、时代化丰富和理论性创新。其立足我国国情民意和新时代历史方位,对人民民主、宪法法律至上、公平正义、人权保障、权力监督、法律平等等法治基本价值话语作了深层思考与理论凝练,传承发展了我们党长期以来形成的法治价值理念,揭露了西方法治价值理论的缺陷和偏颇,体现了法治价值普遍性与特殊性的统一,为全面依法治国、建设法治中国提供了价值导向和遵循。深入研究习近平关于法治价值的重要论述意义重大,有利于全面深刻理解习近平法治思想的真谛,有利于提升习近平法治思想的感召力与实践力,有利于增强中国特色社会主义法治理论在国际社会的话语权。     

《劳动合同法》遭受批判的原因评析——基于政治法律学的宏观视域

《劳动合同法》为什么遭受批判？从批判与反批判的论争中可以看出一些表层的原因。但真正深层次的原因是：它担当着国家立法平抑社会群体矛盾冲突的政治功能，政治性色彩浓厚；它涉及到分割强势社会群体的利益给弱势社会群体，且操作性很强；它在民主立法程序上有缺失，民间社会有组织的立法表达严重不足；民众及批判者多是将它等同于民事合同法，忽视了劳动合同法固有的社会法属性；中国法学研究存在着法条主义倾向，缺乏对劳动立法也是一种改革的宏观认识。     

在习近平法治思想指引下建设生态文明法治体系

建设中国特色社会主义法治体系,是全面推进依法治国的总目标,也意味着生态文明法治领域的一场深刻变革:建设生态文明法治体系。在长期的理论与实践探索中,生态文明法治体系建设取得积极成效却也面临新挑战。习近平法治思想深刻回答了为谁建设生态文明法治体系、如何建设生态文明法治体系以及建设何种生态文明法治体系等重大问题,是新时代建设生态文明法治体系的根本遵循和行动指南。为此应坚持以人民为中心,推进生态文明法治体系建设不断深化,坚持整体谋划思路,提升生态文明法治体系科学化水平,坚持现代化方向,推动生态文明法治体系迈向良法善治。