Our Morally Unacceptable Criminal Justice System
Published November 01, 2009 @ 03:31PM PT

In an excellent new article in the New York Review of Books, author and law professor David Cole delivers a broad, thoughtful condemnation of the American criminal justice system as grossly inefficient and morally unacceptable. This piece should be required reading for members of Congress and state lawmakers.
Looking at new books by three leading thinkers on these issues, Cole focuses much of his story on the glaring racial disparities in our prison system and the role of race and socioeconomic inequality in our government's refusal to act. “If white male babies faced anything like such prospects, the politics of crime would look very different,” he writes.
Cole examines books by Paul Butler, Glenn Loury and Anthony Thompson. I’ve written briefly about Loury and Butler in the past, but not about Thompson, whose book Releasing Prisoners, Redeeming Communities, focuses (according to Cole) on the critical issue of providing opportunities for the 700,000 people freed from our prisons each year.
"Thompson proposes a variety of sensible reforms," Cole writes... "eliminating laws that irrationally bar ex-offenders from jobs and housing, providing health care and counseling to help smooth the transition back to life outside of prison." He challenges Thompson, however, for failing to answer the big question: 'Where is the political impetus for such reform?'
Cole also questions Butler on his suggestion that American citizens engage in jury nullification, by acquitting defendants even when they believe the prosecution has proved its case. Cole says the suggestion is not practical and should be understood as a "a symbolic act of resistance rather than a concrete solution to the problems of race and class inequality." That's an issue for another post on its own. I'll put it on my list.
This isn't new territory for Cole. His own 1999 book No Equal Justice: Race and Class in the American Criminal Justice System examines these issues as well. He makes a convincing case for change. If you know people who are interested in these issues but perhaps not as well-versed in the injustices of our prison system, send them Cole's article. You'll add another solider to the fight for reform.
I'll leave you with Cole's conclusion:
Our addiction to punishment should be troubling not only because it is costly and often counterproductive, but because its race and class disparities are morally unacceptable...
The very fact that the US record is so much worse than that of the rest of the world should tell us that we are doing something wrong, and the sheer waste of public dollars and human lives should impel us toward reform. But as the authors of these three books make clear, we will not understand the problem fully until we candidly confront the fact that our criminal justice system would not be tolerable to the majority if its impact were felt more broadly by the general population, and not concentrated on the most deprived among us.
Thanks to change.org community member Mark Schmanke for sending this article my way.
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Comments (103)
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Matt, Great article. Thank you for writing about this and including additional links. I'll use it in my work.
Camille Tilley
www.justice4courtney.com
Facebook: National Coalition for Criminal Justice Reform
Posted by Camille Tilley on 11/01/2009 @ 04:40PM PT
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Harrassment by MCSO deputy sheriff stopping cars - Reign of Terror
Maricopa County, Arizona
FBI vs. Corrupt Joe Arpaio "CBS 5 News"Source: www.youtube.comIf you are a victim of Sheriff Arpaio's harassment or abuse or any of his deputies call the FBI at 602 279-5511. Subscribe tohttp://www.youtube.com/user/Humanleague002 Phoenix Arizonawww.youtube.comIfSource: www.youtube.comIf
Posted by Camille Tilley on 11/06/2009 @ 08:52PM PT
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Matt, you work to put repeat sex offenders, including child molesters back into our neighborhoods without properly warning the community. You advocate on behalf of such offenders. You protect them, enable them, and put the public and children at risk. You should not be questioning the morality of anyone.
Posted by Dennis G. on 11/01/2009 @ 04:49PM PT
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Dennis - I know you usually don't agree with my positions on sentencing, reentry and second chances, but that doesn't give you a free pass to misrepresent my views. I think people convicted of sexual assaults should be under close supervision upon their release, and I'm not caegorically opposed to a sex offender registry.
However, I think the registry and other sex offender restrictions including residency requirements and prohibitions from church and homeless shelters have been rendered ineffective because they are overused, too punitive, and dilluted with low-risk offenders.
Yes, I do aim to protect the human rights of people convicted of sex offenses. I don't think life without parole is necessary for everyone, even some people convicted of a sex offense.
And once we release a person back into society, if we don't make them feel welcome and make it clear that we as a society support second chances, they will be more likely to commit another crime.
It's a vicious cycle, and if we focus on punishment above all else, we'll never get out.
Posted by Matt Kelley on 11/02/2009 @ 06:47AM PT
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Matt, Thank you for your thoughtful response to Dennis, who needs to become better informed on the statistics, witch hunts and moral panics which drove bad policy and poor legislation that now needs to be reformed / corrected since it broad-brushed a whole group of our society from an "alleged" touch into the Pandora's Box with the sickest, most depraved predators who these laws were intended for.
With lifetime sex offender registries, mug-shot billboards (internet billboards) -- a new sub-class group of people have been created in our society along with a lifetime stream of money to build the "system" which is growing a decaying society. Example: Wall Street promoting private prisons -as Prison beds in a private prison remain filled while hotel beds remain empty.
Now that registries are acceptable, who will be next? Why not include all the others? What about the murderers? What about those who are violent burglars? Most of all --what about a registry for corrupt elected officials, lawyers, judges and those in a position of trust over all the people? We need that registry.
The big question no one is writing about is "what if the person was innocent?", there was bad police work, improper investigation, false information given to the media at the start-up of a case, bad lawyers and overzealous prosecutors who are now known for winning at all costs to get a conviction?
See the award-winning documentary "Witch Hunt" the John Stoll story of an innocent man who spent 20 years in a California prison in the witch hunts of the day by a DA still in office today! Dennis, watch this movie. Then comment again.
www.witchhuntmovie.com
Posted by Camille Tilley on 11/02/2009 @ 09:09AM PT
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Matt, I don't disagree that there is sometimes overkill in the use of the sex registry. Your post about Colorado's pumpkin head run was one example. That's why I support New York's version of the registry. It gives clear detail of the offender's crime so the public can determine who is or is not a threat. However, I think you should be careful not to contradict and/or misrepresent yourself. In your previous sex offender at church blog you advocated for a 3 time offender who twice violated teenagers. Now you say that penalties are overused and diluted with low risk offenders. I would consider that offender to be quite high risk. He sexually assaulted at least 3 girls before the age of 31. How do you justify protecting that offender at the expense of public safety?
I think your comment about making an offender feel welcome in society after release is overly eutopian and a bit naive. Especially in the case of sex offenders. I argue that putting such offenders back into a community without properly warning the citizens would only be enabling said offender and endangering the community.
You also advocate on behalf of non-violent criminals. What about a person who is convicted of distributing child pornography? Should such an offender not serve a strict penalty? Their crime is not violent by definition, but it is a grotesque violation of human rights. Human rights you claim to protect.
You like to talk about innocents in prison. No one wants to see an innocent person in prison, but what about all the sex offenders who are never brought to justice because victims of sex offenders are notorious for not reporting the crime for several reasons, especially children. Not that I blame them for that. It is a tremendously difficult situation to deal with.
Sorry Matt, but I do feel you have, at times, crossed the line between defending the innocent and protecting high risk recidivists. I also feel that this page is in desperate need of a voice for the victims. Until that happens, I guess the voice will have to be mine.
Posted by Dennis G. on 11/02/2009 @ 09:42AM PT
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Camille, sex offender registries are not a poor idea because there is no "rehabilitation" to fix someone's orientation toward finding children and/or crimes like rape sexually attractive, aside from the rehabilitation of an understanding of consequences and desire to avoid them.
If a person can not be made to stop finding sex crimes such as raping a person or engaging children in sex to be sexually attractive, and/or the same person can not be convinced to stop acting on those desires, and if there is no rehabilitation program for sex offenders that can claim "success" in altering sexual orientation that becomes criminal, then what is society to do to be safe?
Someone else on another blog about this brought up the point that many sex offenders were once victims themselves. If we aren't going to make potential new victims aware by way of a registry when a danger is presented to their safety, especially if a danger that happens in repeat cycles per available research, then what would you suggest as a better way to keep innocents safe from sex crimes?
I realize there are people who are falsely accused, however, I sure don't think that the false accusations represent a group so large that sweeping changes to sex offender management programs should be made on their account. If anything there should be changes made to the investigative work done before a conviction to verify that the crime happened.
Posted by Christine Clarke on 11/02/2009 @ 02:24PM PT
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Christine, I do not totally disagree with you but when you are innocent and falsely accused and sentenced to decades in prison in Arizona for first offense, nonviolent with all rights violated, no investigation, the destruction is a tragedy in our lifetime that is beyond description. Unless you have experienced it yourself you cannot possible know. The sick depraved predators belong on a registry, unfortunately they filled with mistakes that have cost people their lives inside and outside the prisons which have even put their family's at risk. I'm not talking about rape, violent sexual abuse, or ongoing sexual abuse. Unfortunately, the laws in Arizona say a "touch" over clothing is 10-17 years per touch. Sex offender registry for life. We are talking about the other extreme end of the spectrum of sex crimes in states like Arizona. The violent and guilty rapists, as well as those who are guilty of sexual "relationships" with minors, are taking a plea and set free while those who are innocent choose to go to trial and risk 54 years to life in prison for a crime they did not commit -- that is what we are talking about.
Posted by Camille Tilley on 11/02/2009 @ 03:10PM PT
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Camille, I have not watched the movie you suggested, but to use the word "witch hunt" with reference to sex offender laws and registries is inaccurate and insulting to victims. The words "witch hunt" suggest the absence of a realistic problem. I regret to inform you that sexual predetors are very real indeed.
Posted by Dennis G. on 11/02/2009 @ 09:20PM PT
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Camille, I appreciate and respect the concern for the innocent, however I do not find a touch over clothing to be at all innocent. If someone is sexually oriented toward finding children attractive and has gone as far as to touch a child over clothing, it's a matter of time before the incidents progress.
Have you had the experience of being a child victim of rape and repeated sexual assault? Unless you have experienced it yourself, you couldn't possibly know what it's like either. I also find it hard to imagine that without experiencing the violence and violation of such a crime, someone would really understand the cruelties and disregard for life of which this specific group of criminals are capable.
I agree that the process of investigating sex crimes may need revision and improvement to avoid prosecution and sentencing of the innocent. I fully agree there. However, I do not agree that the penalties for being found gulity of a sex crime are too severe. I find them at times and with specific cases to be too light - which may very well be a credit toward social progress and compassion in our country, but is worrisome nonetheless.
Posted by Christine Clarke on 11/03/2009 @ 06:37AM PT
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I think Dannies's words are very considerable in find a new solution, since it is a big social problem, so i have been thinking why not let us discuss it and perfect the justice system, each person can offer their ideas, and we only select those which works, and can work for a long term.... why people not doing this, but working for the daily job, this is a challenge for us all, if we do solve it completely, then there's less prisons, less threat, you know that I mean.
so let people get together, study it, offering it, test it. and abandon those inefficient laws...
perfection... it's the only way to change the present situations. and if people can't get together freely, discuss about it freely. then I think that person is kind of selfish. and of couse, I want to see people by stop working on their own jobs, to work this out, (and welcome and respect all kinds of opinions)...
what do you think....
Posted by r x on 11/03/2009 @ 08:24PM PT
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add: we find the problem, of cause we are gonna challenge it. or what else, waiting?... being unsolved?... and take all those pains?
let's come up and fight. we will win that --- best 'reality'.
Posted by r x on 11/03/2009 @ 08:34PM PT
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This article was placed here for an eye opener to the inequalities and injustices manufactured by our entire criminal justice system. Not the isolated issue of sex offenders and the poorly run sex offender notification system.
When a nation, like ours, imprisons millions for the multiple "crimes" listed today, ruining the lives of not just the prisoner but impacting the families, entire neighborhoods, and small business's as well, then something is definitely wrong with the system. Gayle's comments are a definitive primer on some of these problems.
The reason I provided Matt with this article is at least the author was attempting to offer some solutions to the problems. While I do not agree with all of the authors suggestions, I do agree that more work needs to be done to rectify the serious social problems this "lock em up" nation has created with its Prison Industrial Complex. http://www.theatlantic.com/doc/199812/prisons/3
We are now a country which relies on corporations to administer our justice system.
Posted by mark schmanke on 11/04/2009 @ 06:11AM PT
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Matt, another really good article. Too bad there continues to be one or two who, no matter what you say, attack your position and go off on a side issue of victims rights and invariably seem to focus on sex crimes. Are sex crimes and offenders a serious issue? No argument at all there and if a pedophile were to even look sideways at one of my granddaughters I would probably be the one standing in front of a judge. The point is neither Matt nor anyone else is advocating any disregard for the victim of any crime. To the contrary, we want all victims to be afforded the full support of society. The truth is, I suspect, that some detractors have no real passion one way or the other and only chose to use the sex offender issue as a "hot button." They are "trollers" who take a contrarian position just to see who will enter into a discussion with them. Doing so is a complete waste of time.
I don't understand the detractor's refusal to consider that the victim of a criminal act is, in one sense, afforded the largest advocacy this country has. That advocacy is the full weight of the government be it city, county, state or federal. When someone is a victim of a crime, every effort is made to arrest, take to trial, convict and punish the criminal.
Does the system always work? Of course not. No such "system" is infallible but, in general, does the "system" do a good job of protecting us. Yes, in general, but there are failures and often terrible consequences are the result. Just today an article by Brooke Donald of AP pointed this out in talking about Phillip Garrido who kept a kidnap victim captive for eighteen years. The article said that a summary of the case revealed that "Corrections officials failed to properly supervise him," "The California Department of Corrections and Rehabilitation also failed to refer Garrido for a mental health assessment," Garrido "committed numerous parole violations, the department failed to properly supervise him and missed numerous opportunities to discover his victims." Failure of the system? Yes and in the worst possible way. Does the system "owe" anything to the victim for its failure? Probably but that is another issue.
If we can agree that the system is not fail safe when it comes to the victims of crime, why then can't there be legitimate concern and advocacy for those who may or may not be guilty of criminal activity and also become victims of the criminal justice system? The discussion seems to always become skewed toward the criminal who commits a violent crime and I will be the first to say that the violent criminal and the way that the system handles them requires a specific set of guidelines. But what about the victimless crime? What of those who, through a lapse in judgment, or in desperation due to their circumstances, commit a crime where, in fact, they are the only victim, they are their own worst enemy. I am in no way excusing their activity but should they be treated the same as a violent criminal?
One person commented that "A sentence ends for a criminal. It doesn't always end for a victim."
Nothing could be further from the truth. Someone convicted of a Federal felony is condemned to serve a life sentence. A sentence imposed by no court. A low level involvement in a drug conspiracy, a favorite of Federal Prosecutors, will earn you this life sentence even though your court imposed sentence may have only been a period of probation, as little as 12 months. What about a young person who, in his/her teen's or 20's committed a "white collar" crime, admitted it, paid full restitution, served a probated sentence, went to college then obtained a law degree raised a family is an exemplary citizen yet even now, 25 years later, is not allowed to take the bar exam. A victim of the system deserving of a second chance? Absolutely. Likely to get one? Not a chance in hell unless people like Matt Kelly and many others continue the work that they are doing.
Mark Schmanke says that "this article was placed here as an eye opener to the inequalities and injustices manufactured by our entire criminal justice system. Not the isolated issue of sex offenders and the poorly run sex offender notification system." Well said Mark and exactly right. The problem is much larger than a single issue.
Posted by Thomas Kinney on 11/04/2009 @ 02:31PM PT
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One more little thought on this "victims" issue.
A few days ago Matt wrote another good article about two " evil, greedy former judges -- Michael Conahan) and Mark Ciavarella" who accepted $2.8 million in bribes and kickbacks from a private prison operator. The return on investment, the youthful offenders were sent to the privately operated prison. The state supreme court dismissed thousands of convictions and an advocacy group said more than 6,500 juveniles were affected and most won't be retried.
My question is this; the article had a grand total of 8 comments while you supposed victims' rights advocates come here to rant against Matt to the tune of more than thirty comments. I know, I know, not all were against Matt's position; there are a few sensible folks out there. For you others, where is your outrage against these dirty judges? Where is your outrage against the privately owned prison industrial complex owners that paid the bribes? Where is your compassion for the children who were the "victims" of these criminals? It seems that you would rather rant against someone trying to do a little good rather than against those who have clearly done tremendous harm to children.
Do you by any stretch of your imagination think that there may possibly be a very small chance that there are other low life judges and crooked less than honorable prosecutors out there doing the same thing to adults? Possible? Damn right it is possible. Why else would the Supreme Court be hearing oral arguments this morning on the limits of prosecutorial immunity if tprosecutors lie and fabricate evidence to gain a conviction? And, if you can believe it, the prosecutor's defense is that "There is no free standing constitutional right not to be framed." A Georgia Federal prosecutor, Jason Ferguson, even admitted that he lied. See Wall Street Journal article.
Do we need advocates for the victims of the Criminal Injustice System? Nuff said.
Posted by Thomas Kinney on 11/04/2009 @ 03:12PM PT
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I will say this again for those of you who don't get it. We who speak out for victims of crime do not want to see innocent people locked up. Thomas, you say we have no real passion and we only use sex crimes as a "hot button". You couldn't be more wrong. If you want to throw insults at me, then do so, even if you have no clue what I stand for, what I do, or how I feel. However, you have now made assumptions about many people who speak for victims rights which are completely backwards. If you had done your research before you posted on here you would know where our outrage has come from. Matt Kelley, in a recent blogs about sex offenders housing and sex offenders at church has himself brought up your so-called "hot button". Matt Kelly has advocated for a 3 time convicted sex offender who twice violated teenage girls. This is an undeniable fact. Get it straight! Matt Kelley posted the blog. Matt Kelly made the decision to bring up the subject, and Matt Kelley can handle the consequences. And next time you don't like what I write and feel like throwing around insults, at least have the courage to direct your nonsense at me.
Posted by Dennis G. on 11/04/2009 @ 09:17PM PT
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Mmmmmmm, seems like I may have pushed a hot button or two. For the life of me I just can't remember naming one name or singling out any one individual in my comments because there is nothing personal here. But I guess when the shoe fits it is pretty easy to figure out who is wearing it. You have to have respect for those who are honest in their views and don't hide who they are and what they believe in. For the others, troll on.
Posted by Thomas Kinney on 11/05/2009 @ 01:03PM PT
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Thanks all for your comments. Dennis, you keep referring to this post on sex offenders denied access to church:
http://criminaljustice.change.org/blog/view/sex_offenders_not_even_welcome_at_church
Please don't misrepresent my views. I didn't say this man shouldn't be on a registry or that he shouldn't be on parole. I said he should be allowed to go to church.
You're right when you argue that if we don't pay attention to victims' rights, we're inviting more people to become perpetrators. It's the same with parolees. If we don't give them opportunities to succeed, we're inviting them to fail.
Please keep your comments to facts, and please stay civil - this is a conversation and we can all learn something.
Posted by Matt Kelley on 11/05/2009 @ 03:25PM PT
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Matt, again, don't misrepresent yourself. You are not fighting for that offender's right to go to church, and I'm not saying he can't go to church. You are fighting for his right to go to a particular church which has a daycare. This is obviously a vioation of the restrictions that have been placed against him due to the fact that he is a 3 time sex offense recidivist. I believe the man has every right to go to church, as long as it is within the structure of his restrictions.
Thomas, we know each other well from previous discussions, so don't try to camouflage your thoughts for the sake of the audiance. Actually, I think the only reason you posted here is because you're intimidated by the passion I bring to the opposing viewpoint.
Posted by Dennis G. on 11/05/2009 @ 08:55PM PT
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Oh, and by the way, I would like to extend thanks to both Thomas and Matt. Every time they question me it simply motivates me to work harder for the victims of these terrible crimes.
Posted by Dennis G. on 11/05/2009 @ 09:01PM PT
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Uhh, excuse me Dennis. I don't believe that I addressed any remarks to you and, if memory serves, we have had no previous "discussions" other than my saying that I have no time for you. How could I or anyone else "know" you when you hide who you really are.
But one more time and just for the record. As far as camouflaging my thoughts, how is this, I don't care at all for you or your blatant attempts to divert any discussion regarding reform of the criminal justice system to your own agenda. I take strong exception to your misrepresentation of the statements that Matt makes and to your twisting of his words and those of others in a lame attempt to prove your point. I take exception to your rants about "victims' rights," which everyone on this blog supports and not one has or is trying to deny or restrict, because your obvious lack of humanity and compassion toward the victims of the "system" makes me wonder about your "real" agenda. Is that clear enough or do you still think my thoughts are camouflaged?
Intimidated? Sonny boy, I am a 65 year old combat veteran from a time probably before you were born. I just don't think that you can bring enough to the table to "intimidate" me or anyone else. There will be no further conversation with you. Once again, you just aren't worth the effort.
The End
Posted by Thomas Kinney on 11/06/2009 @ 09:04AM PT
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Well Thomas, thanks for taking the time which you claim you don't have. Your beliefs about my agenda don't make the least bit of difference to me. I would only like to point out that I block my profile due only to the fact that I have received hate mail from drug pushers, convicts, and other sources on this site. As you can see, my passion for the victims of crime somehow gets met with a lot of misplaced anger.
Posted by Dennis G. on 11/06/2009 @ 09:57AM PT
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Dennis what planet are you living on? Every year 5,832 innocent people are convicted of sex crimes and that's a conservative number. You don't like the work Matt does? You think the laws should be stiffer for those released from prison? Read this and tell me that again:
"At the time of registration, the offender must provide, in addition to any other information required by the director of the Department of Public Safety, all names by which he is known, his mailing address, his physical residence, fingerprints, photograph, any "required online identifiers," 8 and the names of the websites or internet communication services where those identifiers are used. A.R.S. § 13-3821(I). For his entire life, the registrant must annually update his records and obtain a new state identification card, even if no changes have occurred since the last update. Id. § 13-3821(J).
For the rest of his life, a sex offender must notify law enforcement within seventy-two hours of any move or change of name. Id. § 13-3822(A)-(B). A move requires notification to sheriffs in both the original county and the destination county; each must be informed in writing, and the latter must also be informed in person. Id. An offender who studies or works at an institution of postsecondary education must initially notify the county sheriff of that jurisdiction and keep him informed of any changes in enrollment or employment status. Id. § 13-3821(N). A transient offender must register with the local sheriff every ninety days. Id. § 13-3822(A). If an offender changes a required online identifier, he must notify the sheriff within seventy-two hours and before using the identifier. Id. § 13-3822(C). An offender who fails to register is guilty of a class 6 felony, and a registrant who does not keep his information updated is guilty of a class 4 felony. Id. § 13-3824. [***17] Those offenses carry, respectively, one-year and two-and-one-half-year presumptive prison sentences for first-time offenders. Id. § 13-701(C) (2001).
Widespread publicity accompanies sex offender registration. For a level two or three offender, the offender's name, address, age, current photograph, conviction, and risk [**543] [*292] assessment level appear on the sex offender website. Id. § 13-3827(A)-(B). 9 A sheriff or local law enforcement official must "notify the community of the offender's presence in the community." Id. § 13-3825(C). For level two and three offenders, the notification must be made to the surrounding neighborhood, area schools, appropriate community groups and prospective employers. The notification shall include a flyer with a photograph and exact address of the offender as well as a summary of the offender's status and criminal background. A press release and a level two or level three flyer shall be given to the local electronic and print media to enable information to be placed in a local publication.
For level one offenders, law enforcement may notify the people with whom the offender resides. Id. § 13-3826(E)(1)(b). For offenders who are students [***18] or employees of postsecondary education institutions, law enforcement must notify the administration of the institution and, in some instances, the campus community. Id. § 13-3825(G). The Department of Public Safety may also communicate with businesses and organizations that offer electronic communication services about whether an offender's online identifier is being used on their systems. Id. § 13-3827(E). The statutory requirements of warnings to various communities about the identities and presence of sex offenders confirm that the legislature views sex offenses as serious crimes. Cf. Noble, 171 Ariz. at 177, 829 P.2d at 1223 (noting potential stigmatic effect of widespread access to sex offender registration information)."
From:
Fushek v. State, 218 Ariz. 285
A departure from any of the above will get you thrown back into prison. Most people on the outside only survive 5 years before they are sent back. So you see, you really don't have a clue what your talking about.
Posted by James Coghill on 11/08/2009 @ 08:10PM PT
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Ok, I will tell you again. Even if your number of 5832 innocents in prison was correct, it would be dwarved by the amount of sex crimes that go unreported and unsolved, and it would also be dwarved by the number of sex offenders who remain at large. And since you want to bring Matt into this again, if you have followed this debate, you would know that it started because Matt came to the defense of a man who was convicted of 3 seperate sex crimes. Nothing innocent about that offender.
Posted by Dennis G. on 11/08/2009 @ 08:50PM PT
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Dennis the number 5,832 is correct and it comes from the US Dept. Of Justice. If you read my first post there is link that will take you to the DOJ web site. What would you know about unreported sex crimes, seeing as how they are unreported? If the man who was convicted of 3 sex crimes served his time and was released then he served his debt to society and should be welcomed back. Unless you happen to be one of those people who believe you should pay for your crime the rest of your life. Please use speelchecker on your posts. There's no such word as dwarved.
Posted by James Coghill on 11/09/2009 @ 07:35AM PT
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Dennis the number 5,832 is correct and it comes from the US Dept. Of Justice. If you read my first post there is link that will take you to the DOJ web site. What would you know about unreported sex crimes, seeing as how they are unreported? If the man who was convicted of 3 sex crimes served his time and was released then he served his debt to society and should be welcomed back. Unless you happen to be one of those people who believe you should pay for your crime the rest of your life. Please use speelchecker on your posts. There's no such word as dwarved.
Posted by James Coghill on 11/09/2009 @ 07:35AM PT
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I know plenty James. Here is one point of reference.
http://www.rainn.org/get-information/statistics/reporting-rates
And what the heck is speelcheck?
Posted by Dennis G. on 11/09/2009 @ 08:57AM PT
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Your statistics come from a political action organization. Hardly a reliable source of information. Try a government or a law enforcement site. Spellchecker is that wonderful feature in your web browser that checks for mispelled words like dwarved.
Jim
Wouldn’t you know his e-mail address is bogus.
On 11/9/09 9:57 AM, "Change.org" wrote:
James,
There has been a new response posted to the following discussion on Change.org:
Our Morally Unacceptable Criminal Justice System
----------------------------------------------
I know plenty James. Here is one point of reference.
http://www.rainn.org/get-information/statistics/reporting-rates
And what the heck is speelcheck?
posted by Dennis G.
----------------------------------------------
Posted by James Coghill on 11/11/2009 @ 06:53AM PT
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Actually Jim, you're wrong again. The statistics were posted by RAINN, but if you read carefully, you would have seen that the statistics on unreported rapes come from the Dept of Justice. The same source you drew your information from. Please use the reference numbers provided in the link. And I know what spellcheck is. I just thought it was ironic and funny that you spelled it wrong in your post.
Posted by Dennis G. on 11/11/2009 @ 09:12AM PT
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mmmmmmmmmm I was hoping some one would write about the differences in the way the courts deal with the males and females in this one.
Posted by James Brouillette on 11/01/2009 @ 06:31PM PT
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I KNOW the criminal justice system is immoral. I like this article. It is impossible to get to the truth when people do not trust police or the system. They make things worse and people would much rather handle a situation themselves than turn to that for a solution.
Posted by darcy lagana on 11/02/2009 @ 09:27AM PT
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Our family has endured and we are currently living with the unethical and corrupt judical system. Until we get national media attention, the lies will continue. We are living with "False Allegations" unless you have unlimited supply of cash, to retain the best appealate lawyers, your loved one waits for a miracle!! www.truthcafe.net Contact me if you would like to help us get the media involved.
Sincerely, Teri Vanderberg
Posted by teri vanderberg on 11/02/2009 @ 09:53AM PT
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Dennis, The victims have been heard and have a voice. It's the Adam Walsh Act.
Our hearts break for the true victims. The moral panics and witch hunts that followed these horrific cases are what created Jessica's Law that morphed into the Adam Walsh Act, which created such an imbalance that thousands of innocent or low level offenders have had their lives and families lives destroyed along with their future. This greatly impacts society as the taxpayers money is being wasted on the low level offenders and falsely accused (commonly used as a weapon to destroy in the family courts) while the truely sick, depraved predators go free.
Posted by Camille Tilley on 11/02/2009 @ 11:05AM PT
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Arizona and what a culture of abuse of power exists which goes after "easy convictions" with a witch-hunt mentality... Innocent people's lives are destroyed and that of their children, families, good name and a life-time's worth of earnings, retirement and a grim future. This outstanding TV investigative reporting puts a face on how it happens. You decide if you want to visit or live in Maricopa County, Arizona. People are fleeing in droves. The tourist industry is in shambles. The only growth industry in the mass industrial prison complex and the criminal justice system that is fed by law enforcement and County prosecutors.
"The FBI investigates Sheriff Arpaio"
http://www.kpho.com/news/21470567/detail.html
Posted by Camille Tilley on 11/02/2009 @ 12:55PM PT
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The Sex Offender Registry is a farce and not used at all according to what it was intended. I recently went to an outdoor concert where many in attendance were intoxicated, enjoying the music and urinating in public. As I stood there and witnessed this I started to count. One, two, three, four, five, six, seven. Seven new names to add to the registry when they are arrested for public urination. A few days later I attended an evening event at our local high school. Many teenagers holding hands, some kissing behind the trees. Again, one, two, three, four, five, six, seven....Seven new names to add to the registry for consensual teenage sex that is illegal and underage. A friend of mine was telling me how her neighbors sisters nephew was in big time trouble. Seems his friends and him got together one Friday night and playing around on the computer accidentally came across a child porn site. They immediately exited out but one, two, three, four, five, six, seven new names to the registry when they are prosecuted and convicted. Oh well, doesn't matter that it was by "mistake". You shouldn't of been on that computer. Oh my, what a shame that Suzy and Johnny are divorcing. All he wanted to do is see his children but Suzy being so vindictive just isn't going to have it!!! If she can't have Johnny, then his life will suffer FOREVER!!!! Well, she came up with a plan that is perfect! She'll just say Johnny inappropriately touched their daughter, put him in prison and whamo!!! He's in prison, she is free from her ex and one, two, three, four, five, six, seven other people hearing of this perfect get rid of ex scheme are now on the registry. Dad and his daughter just had a huge fight because she wants to date Tommy and dad refuses to let her. She'll get even with him. She calls the cops and says dad "touched" her. Dad is now in prison, she is pregnant with Tommy's child because she got what she wanted and the registry continues to grow.
This is not a story book, this is reality, this is what the registry is. It is NOT what it was intended to be, it is NOT working and quite frankly, needs to be abolished completely. If I am not privy to know that the man next store just got out of prison for armed robbery with intent to kill, if I am not privy to know that the man across the street beat his ex to a pulp and is a schizophrenic sociopath, if I am not privy to know that the woman across the street is a huge heroine dealer than why am I privy to know that Joe Schmo peed in public????
Stay blind, stay uneducating and I promise you with every breath I take that you or someone very close to you WILL be on that registry for the rest of their lives and then you will ask yourself "What is this registry about?" The majority of this registry is not for actual crimes committed but scenario's as described. So, open your eyes and seek the truth.
Posted by MaryAnn Lubas on 11/02/2009 @ 03:59PM PT
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Mary Ann, Thank you for revealing the truth that society needs to hear!
Posted by J Thompson on 11/05/2009 @ 03:55PM PT
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Georgia's Bob Barr is speaking out on the need for reform. Do contact him.
Sex Offender Vagabond | The Barr CodeSource: blogs.ajc.comLet’s be clear – I dislike sex offenders, especially those who commit sex offenses against minors, as much as any member of the Georgia General Assembly.
Posted by Camille Tilley on 11/06/2009 @ 10:17PM PT
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I agree with Dennis Cole's take on our prison system . It is so counterproductive to send parolee's whom are charged with a technical violation back to jail ! It happened to a friend of mine recently here in California . He had been brought up on 2 parole violations one was a no show for a drug test (which was on a Sat. & he was working and truly forgot but notified his PO immediately . The second was a" dirty "drug test . This was within a years time , no additional crime committed and all the while had a job since the second day he got out , had bank acct. & credit cards and was managing responsibly as well as an apartment. He was violated and given 90 days in jail and was to do a 90 day drug rehab program following.
He came out of jail with an attitude I call " prison mentality " because he just was not the same person who went in . He lost almost everything but was able to get his job back . He was court ordered to do a 90 day program but was given a list of treatment centers all of which had at least a 6 week waiting period . Asked his PO for help as he no longer had his apt. and she put him in a " work furlough " halfway house while waiting to go into a rehab. What a freakin joke that was ! The first thing offered to him in there by the fellow participants was drugs and apparently drugs were dealt from in there. The staff did not enforce any of the rules , smoking of anything was done in the bathrooms with no consequence as to the other rules as well. So after two months of waiting still no openings at any of the rehab programs he was violated again for a dirty test . I am not saying he is without fault , but he needed help and asked for it but because of our screwed up prison & parole system he was not able to get it until it was too late. Due to availability of drugs he was using ( but never missed a day of work during this ) he was violated again . This time he was to report to his PO and was given 3 days to get his affairs in order , meaning quit his job and go into a 6mo. to a 1 year program.
I guess this was all too much for him and the fact he was using fueled the insane idea that he would run . He went on the run for about a week until he was caught . Now after that episode he now has been given a year back to prison with no time off for good behavior , no program to attend in prison nor counseling ( which is truly what he needs ) and an in house drug rehab program of what length I do not know to follow upon release.
Now I am not condoning the mistakes he made at all . But now besides losing another year to prison and most likely adopting that prison mentality again. He has lost everything . In my very humble opinion if he had been given access to rehab & counseling to begin with I don't feel he would be where he is right now . So the kind , hardworking , responsible ( which he was prior to the technical violations ) happy person I knew will most likely emerge an angry , uncaring person with a bad attitude in a years time. Did that really have to be ??? Jail is not the answer as even his PO agreed . But our system is broken , flawed and unfair as it is . Who will take on the biggest lobby in California and make positive changes . Your guess is as good as mine and for now it makes me so sad.
Posted by gayle peters on 11/02/2009 @ 06:06PM PT
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Dennis - You are 100% correct when you say this page is in need of a voice for the victims. Now lets include ALL victims. While no one will dispute the fact that crimes against children are among the most heinous of crimes, creating false allegations of sexual assault is just as heinous. More and more people are using allegations of this nature as a means to settle a score with someone. It is an increasing problem that needs to be publicly addressed. Until we create awareness and until people who place these false allegations have the fear of doing real jail time the problem is going to continue. The falsely accused are also victims here and it is imperative that their voices be heard as well.
Posted by MaryJane Flores on 11/02/2009 @ 06:13PM PT
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MaryJane, I partially agree with you. Victims of false imprionment should have a voice. Advocating for the wrongly accused is fine by me, and you're right, there should be more attention payed to those who falsely accuse. However, certain lines should not be crossed. Promoting a "second chance" opportunity for some individuals I can understand. Protecting and enabling a 3 time sex offense recidivist is another story. There are numerous examples of that line being crossed by the authors on this page. This page is more an overzealous (and I'm being nice by using that adjective) attempt to get convicts back into our communities, rather than taking a stand against false imprisonment. Do you understand my point?
Posted by Dennis G. on 11/02/2009 @ 09:37PM PT
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MaryJane, ALL victims should be included. You right on the mark!
Posted by J Thompson on 11/05/2009 @ 04:00PM PT
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MaryJane, You get the point. There is little written about the victims whose lives are destroyed by being falsely accused, and no one wants to hear about poorly written laws that snare the innocent while letting the truly guilty go free. That does concern us all and we're looking for realistic solutions.
Posted by Camille Tilley on 11/02/2009 @ 10:01PM PT
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See the award-winning documentary "Witch Hunt" the John Stoll story of an innocent man who spent 20 years in a California prison in the witch hunts of the day by a DA still in office today!
www.witchhuntmovie.com
Posted by Camille Tilley on 11/02/2009 @ 10:07PM PT
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Dennis, I do see your point in respect to repeat offenders and share your feelings that they should not be given the opportunity to come back into the community if they have proven time and again that they cannot be trusted. That being said, many repeat criminals continue to commit crimes because they have little or no options. Many come out of jail with nothing. No family, no money, no education. Their criminal record makes it nearly impossible to get a job. Alot of them have difficulty adjusting to life here in the free world. It is important that we give those truly deserving of it the opportunities and the tools necessary to succeed and become better people. And as for the ones who have no desire to change well, advocating for them and wasting opportunities on them only takes away from the ones who really truly are deserving of a second chance.
Posted by MaryJane Flores on 11/03/2009 @ 12:40AM PT
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MaryJane, Well said. We need more people like you in our society which needs to be rebuilt not destroyed.
Posted by Camille Tilley on 11/03/2009 @ 07:01AM PT
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Thanks Camille....I must admit that it wasn't until my own family became victims of false allegations that I truly became aware of just how huge of a problem this is. And the system that we rely on to bring forth justice is the very system that is treating the falsely accused so unfairly. I am discovering more and more each day just how corrupt D.A's offices can be and am shocked at how their "win at all cost" attitudes has countless innocent men and women behind bars. This is unacceptable and we truly need change in the system.
Posted by MaryJane Flores on 11/03/2009 @ 11:51AM PT
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MaryJane, You stated the issue perfectly. Thrown into a black-hole that no one could imagine exists in America. The prosecutors are playing a sick game that is done over and over for decades. Get the DVD on the award-winning documentary "Witch Hunt", the John Stoll story of an innocent man who spent 20 years in prison before the Northern California Innocence project looked at his case and got him exonerated. The DA made a name for himself with his witch-hunts on child molest though he's destroyed innocent lives, he is still in office!! Nothing was learned from this tragedy except by the prosecutors in how to take people down and win an "easy" convictions. It's their turn now to be sent to prison or out of office. They have built an industry that is a disgrace to America. Humans for $$$'s is what our nation has become and child molest is the easiest notch on the belt. No heroes here.
Posted by Camille Tilley on 11/03/2009 @ 03:51PM PT
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"WITCH HUNT" award winning documentary on the John Stoll story. Innocent but spent 20 years in prison for a crime he did not commit. There are thousands of others across our nation who faced similar fate.
www.witchhuntmovie.com
Posted by Camille Tilley on 11/03/2009 @ 03:54PM PT
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My money is on the idea that child molestors destroy more lives and more families than false accusations do.
I agree that the system of processing accusations should be reformed. But get real -- there is a reason for a different set of penalties and precautions with sex crimes specifically, and it's because not only are those sexually oriented toward sex with children and/or crimes of a sexual nature (a) not able to be "rehabilitated" beyond an understanding of consequences they face for acting out again, obviously not a good enough deterrent to date as there are SO many repeat offenders out there, and (b) representative of a danger not only to direct victims but to anyone else affected by their patterns of abuse including the victim's family, S.O. and children.
A sentence ends for a criminal. It doesn't always end for a victim.
I agree that the falsely accused deserve justice. But don't feed us this blasphemous manure about witch hunts as though the process of prosecuting those who prey upon innocents with force and with malice are somehow undeserving of punishment. On the contrary. There is no punishment in our legal system harsh enough to truly repay these offenders for the pain they inflict.
Posted by Christine Clarke on 11/04/2009 @ 09:37AM PT
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Christine, Dennis - No one will deny that true child molestors cause irreversible damange, and I couldn't agree with you more when you say that there is no punishment harsh enough. That is precisely the reason why we need change in the system. Our current system punishes all people accused of these crimes in the same manner regardless of their innocence or guilt, instead of on a case by case basis. The justice system needs to be reformed. Our current system not only assumes everyone charged with a sex crime is guilty, some take it a step further and create "evidence" when there is none, or go as far as to "misplace" or withhold evidence that clearly proves someones' innocence....all for the sake of winning a case. We cannot even turn on our t.v.'s or get online without seeing yet another innocent person being released from prison after spending numerous years behind bars. With every exoneration is becomes more and more difficult to convict the true criminals. I am not only advocating for the falsey accused. I am advocating for justice. Appropriate justice for the guilty and the innocent.
Posted by MaryJane Flores on 11/05/2009 @ 12:12AM PT
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Dennis (and all) - please refrain from personal attacks, stick to the points of your arguments, not name calling.
Posted by Matt Kelley on 11/06/2009 @ 07:49AM PT
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First off Matt, I have challenged many people on this forum and have described certain statements as ridiculous, but to say that I resorted to "name calling" is, as you like to say, a "misrepresentation" of what I wrote.
One point that continues to stand and should not go unnoticed is this...someone in this discussion equated the lifetime struggles of a victim of a sex crime to an ex-convict not being able to become a lawyer. This statement minimizes the plight of the victim. You can also make the argument that the statement implies that the sex crime victim did something to cause his/her struggles. Obviously you can see how off base that particular idea is. It is the type of theory that is at the crux of the problem for victims of sex crimes.
Posted by Dennis G. on 11/06/2009 @ 09:46AM PT
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"Cole focuses much of his story on the glaring racial disparities in our prison system and the role of race and socioeconomic inequality in our government's refusal to act. “If white male babies faced anything like such prospects, the politics of crime would look very different,” he writes."
No doubt if white female babies faced anything like such prospects, the politics of crime would look very different too as our criminal justice system is a sexist as it is racist.
Try reading WHEN SHE WAS BAD: HOW AND WHY WOMEN GET AWAY WITH MURDER by Patricia Pearson. It's an eye opener.
http://www.amazon.com/When-She-Was-Bad-Innocence/dp/0140243887/ref=sr_1_1?ie=UTF8&s=books&qid=1257280778&sr=8-1
Posted by Martin Bring on 11/03/2009 @ 12:43PM PT
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Let's talk facts and logic here. Although many more cases are reported, the number of cases that are classified as "substantiated" has remained steady or dropped slightly (Besharov, 1990; Ceci and Bruck, 1995). Nonetheless, the number of arrests for sexual offenses has increased markedly, from approximately 159,200 in 1976 to more than 247,000 in 1991 (US Department of Justice, 1978, 1992). Assuming that Kessen (1965), Besharov, (1990), Ceci and Bruck, 1995 are correct and the number of actual reports of child maltreatment has remained the same or slightly decreased since 1965, then all of the reported incidents of child maltreatment above the red line represent the number of reports that created wrongful convictions per year. A substantial increase which is corroborated by the U.S. Dept. of Justice report above. What this means is that 5,853 innocent men are convicted for child maltreatment every year.
One of the things that really boils my blood are these talking heads on television who tell their viewers that the recidivism rate for sex offenders is astronomical, yet they offer no proof of their claims. Well here is the proof and it comes from the National Criminal Justice Reference Service operated by the U.S. Department of Justice Bureau of Justice Statistics.
"This report presents, for the first time, data on the re-arrest, reconviction, and re-imprisonment of 9,691 male sex offenders, including 4,295 child molesters, who were tracked for 3 years after their release from prisons in 15 States in 1994.
The 9,691 are two-thirds of all the male sex offenders released from prisons in the United States in 1994. The study represents the largest follow-up ever conducted of convicted sex offenders following discharge from prison and provides the most comprehensive assessment of their behavior after release. Highlights include the following: Within 3 years following their release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime; on average the 9,691 sex offenders served 3 1/2 years of their 8-year sentence; compared to non-sex offenders released from State prisons, released sex offenders were four times more likely to be rearrested for a sex crime; the 9,691 released sex offenders included 4,295 men who were in prison for child molesting." Recidivism of Sex Offenders Released From Prison in 1994 by Patrick A. Langan Ph.D.; Erica L. Schmitt; Mathew R. Durose, November 2003.
From: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=198281
So there you go. Now compare the above with these recidivism statistics for other crimes, again from the U.S. Bureau of Justice Statistics:
Of the 272,111 persons released from prisons in 15 States in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% re-sentenced to prison for a new crime. The 272,111 offenders discharged in 1994 accounted for nearly 4,877,000 arrest charges over their recorded careers. Within 3 years of release, 2.5% of released rapists were rearrested for another rape, and 1.2% of those who had served time for homicide were arrested for a new homicide. Sex offenders were less likely than non-sex offenders to be rearrested for any offense –– 43 percent of sex offenders versus 68 percent of non-sex offenders. Sex offenders were about four times more likely than non-sex offenders to be arrested for another sex crime after their discharge from prison –– 5.3 percent of sex offenders versus 1.3 percent of non-sex offenders.(Note: That's 1.3 percent of non-sex offenders who become sex offenders on a new charge.)
Tell me people, do the statistics justify the paranoia?
What happens in regard to this subject is what is happening right now. You take an incident like Garrido, adult sex offenders regardless of their crime becomes viewed in the same light they are viewing him. That's called stereotyping and it's a form of prejudice and bigotry. Something like Garrido happens and a cry for stiffer sex offender laws goes out to which politicians are all too happy to oblige because it gets them votes.
it has been said here that the lives of the victims are for ever destroyed by the actions of their perpetrators. While I will admit their lives may be forever changed, I do not believe that their lives are forever destroyed. To accept that a person's life is forever destroyed implies that a given person is unable to move beyond and overcome the incident. If this truly is the case then there is something wrong with the coping powers of that individual, which has nothing to do with the event that happened to them. Life is not all sweetness and light. There's nothing safe about being alive because with each breath comes the possibility that your life will end. The truth is planet Earth is a thoroughly violent place and it's not likely to change anytime soon. The only thing we can do is accept it, get used to it and move on. There is no other option. So I don't buy the idea that people can't overcome sexual abuse. People endure far worse in prisoner of war camps and they overcome it just fine.
The sex offender registration database is unconstitutional. The US Constitution specifically states, "Congress shall enact no law creating a class of people." By creating the sex offender registration database Congress and state government has created a class of people. They're called sex offenders. The only thing that is missing here are yellow armbands with the word Juden written on them. The sex offender registration database has been abused by prosecutors and now includes people who have had no contact with another human being in the commission of their crime. The result is that the sex offender registration database has now become bloated with people who are not dangerous to the public. The purpose of the sex offender registration database was to monitor serious sex offenders not to keep track of people who have been arrested for public urination, mooning and streaking. As an adjunct the sex offender registration database has now been provided to the public via the Internet. This has resulted in the public being given the ability to know when a sex offender is living as a next-door neighbor, which has resulted in a tremendous amount of paranoia. There are no rules regarding the release of a convicted murderer concerning where he can live after his release, but there are for sex offenders. Think about this for a moment. The general public would rather live next door to a person who might kill them than live next to a person who might have sex with them. Does this position make any sense?
Posted by James Coghill on 11/05/2009 @ 08:24AM PT
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Thank you so much for this. I am writing to two men in prison who I strongly believed were falsely accused. Their stories are unreal, both the accusations and what happened to them legally. It was a legal lynching in both cases by incompetent and uncaring people.
My son also was falsely accused many years ago. The girl who lied about him finally recanted. When she lied, everyone listened and reacted. Now, no one really cares. Trying to undo a wrong legally is like hell on earth. Few understand why anyone innocent would take a plea. It's so not that black and white. This is the WORST thing to be accused of. My son, mentally ill with bad acne and teeth would have made a very poor witness and his lawyer (expensive but not much of a lawyer) told someone that's why he didn't want to go to court. The girl who lied was adorable and super street smart. She was encouraged to do it by two women who didn't like my son's appearance, who thought he was "wierd". Part of it was he was too open, too friendly, too trusting...this was part of his naivete, part of the illness. Why did the girl lie? well, the two women just gave her the idea, she said. She was jealous of the time he took with her older sister, a sister she adored. She said she'd been trying to think of a way to get him away from her when the women gave her the idea. She grew up in a home, a neighborhood where lying was a way of life. Her mother and sister were prostitutes/drug addicts, she also lived with 3 criminal uncles. My son's life was destroyed by this and our family, who know and love him have been hurt severely.
I am sending your letter on to the two men in prison. I know they will appreciate it. I was a child protective service worker for four years when I was younger before I became a therapist in private practice. I did see false accusations at times, usually by teens. I never would have believed an 8 yr. old girl would lie the way she did. However, she told me if anyone had ever asked her to take a lie detector test she would have told the truth. She was afraid of the case going to court. But we knew none of this of course till she finally recanted.
In the climate of hysteria we've been in since the Adam Walsh act was passed, it is frightening how easy it is for someone to lie like this and put someone away. One of the men I'm writing to is the father of a 17 yr. old who lied because he was strict with her, her mother (separated) was not an her dad told her she could not date a drug addict boyfriend. That's when she lied.
I hope more people will start to care about these terrible injustices. Thank you again James Coghill.
Posted by patricia w on 11/05/2009 @ 12:04PM PT
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Few people know how very bad these laws have become under the Bush administration. The dangerous combination of unscrupulous, opportunistic politicians, drama-driven, sound-bite “news” people like Nancy Grace-types at Fox plus overly zealous states attorneys wanting to make a name for themselves all came together under the Bush administration. Then add in the mix one or two horrific child abduction/slaying cases and stir. There is no other crime where a few cases that everyone is angry about could be used to change the laws so that NOW the large majority of people on the sex offender registry are not dangerous, and especially are not dangerous to children.
The term sex offender is so diluted now, it's hard to know if the man (usually) who you see on the registry is a truly dangerous Gerrido or a guy who got caught urinating on the road, or a 19 yrs. old who have very consensual sex with his 15 yr. old girlfriend, or though sleazy, the man who had sex with an underage prostitute who lied about her age and looked and acted older. All (and more of these types) are on the registry along with the burgeoning numbers of teens or even adults who unknowingly downloaded porn that has child (15, 16 yr. old sex girls) porn included. Would most men care what age the girl is if they're looking at porn and she LOOKED of age and was enticing. There are so many of these on the registry, it is disgusting. And for those fanatics who ASSUME that anyone who downloads porn and it has sexy 15 yr. olds (or even younger Tracey Lord types) and they are just getting prepared to rape children, I say “hogwash”, you're nuts and get a grip on reality. There is a huge difference between looking at a 7 or 8, or 9 year old child sexually and a teenager who looks ready and posed voluntarily. These laws need to be changed !!!
They are just out of control.
For anyone who wants to learn more and especially to help, go to http://www.reformsexoffenderlaws.org/
or http://www.false-allegations-team.com/
and/or read “Sex Offender Laws Failed Policies, New Directions” edited by Richard G. Wright
You can also check out the film narrated and produced by Sean Penn “Witch Hunt” and see just some of the damage these laws have caused. There are too many innocent men in prison and on the registry because of the hysteria that's run rampant in the U.S. And the more who aren't dangerous who are on there, the easier it is for the truly dangerous to hide and not be paid as much attention to. This is how Gerrido escaped the attention he deserved. Not to mention the tons of money these laws have been costing us. So they cost more and do less of what they were set up to do.
Posted by patricia w on 11/05/2009 @ 10:30AM PT
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It is time to stop looking at the push and pull mentality of this issue.
The victims of these abuses are not only victimized from the person(s) inflicting the pain (abuser), but of the abusers understanding the law better than those victimized. Our just system (there is no real justice) helps keep the abuser out on the streets victimizing more of society. Perhaps, it is time to have victims placed in units together, to swap stories and make plans on how to 'show the court' who the victim really is instead of send the abuser to prison for the other side (them showing the courts how the abuser now wants to scoff the court system).
Posted by Cynthia Roux on 11/05/2009 @ 11:04AM PT
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Patricia I like what you say and pretty much agree. I just wish that you had said it without reference only to the Bush Administration and, for the record, Nancy Grace works for CNN. Lord knows the Bush folks have plenty of things to answer for and their record on criminal justice issues may be one of them. They did, however pass and sign into law the Second Chance Act of 2007 and can't be blamed for the flat refusal of the Bureau of Prisons to provide the benefits granted. There is plenty of "blame" to go around and there are about as many Democrats to blame as there are Republicans if you want to break it down that way. The facts are that neither "side" is doing very much for the victims of crime nor the victims of the system itself.
It seems to me that we have one group of leaders who stand up, look us in the eye, and say "I'm tough on crime" and do nothing to relieve the victims of either circumstance or the taxpayers. On the other hand we have others who introduce legislation and then allow it to die in committee, conduct hearing after hearing from which nothing of value issues, call for study after study when previous studies such as those commissioned by the Criminal Justice Coalition, are ignored. Witness the call for a "Blue Ribbon Study Panel" by Senator Jim Webb. I support Sen. Webb's initiative but his bill only establishes a commission to "study" the problems for perhaps as much as eighteen months. How much longer then until any meaningful legislation is enacted? Relief is needed and available now if congress will act. While they all claim to have our interest at heart, I submit that their main concern is getting re-elected and retaining their power. Listen closely as all of them say "just send me back one more time, and surely we will get it done next time." People are hurting on all sides of this issue and are tired of waiting for "Next Time." When is it going to be "This Time?"
Posted by Thomas Kinney on 11/05/2009 @ 01:28PM PT
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Thanks Thomas. I appreciate your corrections. I know neither party is pure, that's for sure. My understanding is that under the Bush Administration Justice Dept. these laws expanded so much that now it's hard to tell who really deserves to be on the registry and who does not, except that all the stats I've read is that the majority are not violent criminals at all, esp. to children. Thanks for your information.
Posted by patricia w on 11/05/2009 @ 02:22PM PT
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I appreciate the bold statement this article makes - not carefully dodging the glaring truth that this system is "morally unacceptable."
Seems like people often want to ignore the fact that prisons are part of communities, and communities need healing not just punishment.
cltl.wordpress.com
Posted by Beth Ayer on 11/05/2009 @ 12:14PM PT
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Well said.
Posted by Camille Tilley on 11/05/2009 @ 09:42PM PT
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Matt , The way I understood this article was it was not just isolating sex offender and predators and I am not in any way minimizing that particular realm of horrific crimes ; but is it not speaking of the prison , parole justice system as a whole ? Isn't it discussing the change needs to be on the entire system as we know it now ? At least that's what I am getting from it . And this needs to be done desperately but if we ( the people of USA ) remain apathetic and turn the other way because one might not have any experience with how unjust our system is I can only imagine the corruptness will continue. I feel maybe the public needs much more education on the workings of " the prison system" . Please do not take what I am saying as open the doors and let them all out .
The past year I have learned so much I had no idea about due to a friend that is on parole . It really opened my eyes to the unjust & unfair practices on the state as well as the federal level. I started researching the subject and read articles and joined a online group and now I feel so strongly that we need to modify the laws themselves the parole department ( at least in CA , some states have done away with it ) the sentence's , basically all involved . And I am sad to say it would take a miracle to accomplish a task like that. So I guess even any small change would work for the greater good.....In my very humble opinion .
Posted by gayle peters on 11/05/2009 @ 01:33PM PT
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Matt , The way I understood this article was it was not just isolating sex offender and predators and I am not in any way minimizing that particular realm of horrific crimes ; but is it not speaking of the prison , parole justice system as a whole ? Isn't it discussing the change needs to be on the entire system as we know it now ? At least that's what I am getting from it . And this needs to be done desperately but if we ( the people of USA ) remain apathetic and turn the other way because one might not have any experience with how unjust our system is I can only imagine the corruptness will continue. I feel maybe the public needs much more education on the workings of " the prison system" . Please do not take what I am saying as open the doors and let them all out .
The past year I have learned so much I had no idea about due to a friend that is on parole . It really opened my eyes to the unjust & unfair practices on the state as well as the federal level. I started researching the subject and read articles and joined a online group and now I feel so strongly that we need to modify the laws themselves the parole department ( at least in CA , some states have done away with it ) the sentence's , basically all involved . And I am sad to say it would take a miracle to accomplish a task like that. So I guess even any small change would work for the greater good.....In my very humble opinion .
Posted by gayle peters on 11/05/2009 @ 01:33PM PT
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thanks for your comment. Yes, this post was about race and inequality in the criminal justice system and somehow the conversation got derailed.
Posted by Matt Kelley on 11/05/2009 @ 03:17PM PT
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Gayle, you've got it. Good comment. You mention the apathy of the people and that is something that I have given a great deal of thought. Sometimes I am not sure if the problem is that people are apathetic but rather that they just don't know how bad the system is. If someone has not experienced it either personally or through a family member or friend most folks think that the system works just fine. They just have no reason to even think about it one way or the other. I plead guilty to that "apathy," for lack of a better term, until about 2 years ago. It was not that I didn't care I just had no reason to question. Bad guy did bad thing, bad guy went to jail, system works fine. How naive but I think that is the way most people see things.
You know, if someone wanted to start a blog on this web site covering issues dealing with victims of criminal activity, I would have absolutely no problem with it and would probably be a supporter of their efforts. However, as Matt says this conversation was derailed and I take exception to that because I fail to see how being compassionate and showing a little humanity for those who are victims of the criminal justice system or those trying to help them recover their lives in any way detracts from or hampers the efforts to help the criminal activity victims and to be attacked for it is unacceptable. This is not the first time it has happened, one can only hope that it is the last but I doubt it.
Thanks again Matt for being a voice for change and reason.
Posted by Thomas Kinney on 11/05/2009 @ 06:42PM PT
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To: Christine Clarke and those who think all sex offenders are alike and/or treatment doesn't work,etc There really is a lot of mythology, wrong information about sex offenders, ESPECIALLY who is actually on that registry now.
DISPELLS THE LIE THAT MOST SEX OFFENDERS ARE BEYOND HELP
http://cfcoklahoma.org/index.php?option=com_content&view=article&id=284:sex-offender-expert-offers-coping-advice&catid=38:news-articles&Itemid=80
Posted by patricia w on 11/05/2009 @ 02:31PM PT
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Your myth stories do not invalidate the stories of the people affected by these people.
http://www.rainn.org/get-information/effects-of-sexual-assault
Sentences end for sex offenders. They do not end for victims. And the idea that sex offenders may be rehabilitated is in itself a lie. Motivated to stop based on consequences? Sure. But you tell me, please, just exactly how a person's sexual orientation may be changed. Tell me when in history any form of talk or torture has ever changed someone's sexual orientation, in this case toward finding children and/or acts of criminal sexual conduct enticing.
Posted by Christine Clarke on 11/06/2009 @ 06:24AM PT
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Springer Publishing Company is pleased to announce the publication of:
Sex Offender Laws
Failed Policies, New Directions
Richard Wright, PhD, Editor
“{Wright} … provides the evidence that wise policymakers would want to consider. It covers every major field of research concerning sex offenders and sexual offenses…”
Michael Tonry, LLB
Professor of Law and Public Policy
University of Minnesota Law Schoo
Posted by patricia w on 11/05/2009 @ 02:43PM PT
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Matt,
you sound like a great guy....wise and mature...I wish all those who are writing would learn from you. patricia w
Posted by patricia w on 11/05/2009 @ 03:54PM PT
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Mr. Kinney, We do need advocates for the victims of the criminal justice system. The PA Judges and privatization of prisons are horrific and the tip of the iceberg. I'm a strong advocate against both and use them as example to show how broken the criminal justice system is. How many are sitting in prisons and jails today because they were told they lacked "credibility" and who was determining that? The prosecutors and judges. After reading about these "good ole" boy in Pa who have gotten away with the method of operation, we need to all dig deeper into this. Put me on your list Tom. I'm outraged with the judges conduct and the direction the profiteers are taking the people of America who have to pay for their damage.
Posted by Camille Tilley on 11/05/2009 @ 09:50PM PT
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Also, who is writing about or investigating those who abuse "Victim's Rights" money, grants, etc. Our DA solicits for business by standing at the podium and encouraging people to call "silent witness" that they have $5,000 to $20,000 to give to anyone who calls in who have been child molested? Now really, does that ring any bells with anyone? Wonder how many called in one of their enemies, exspouse, old boyfriend/girlfriend, or mother of daughter who had a boyfriend she didn't like, and on and on. This is where we are people. Whose going to expose it?
Posted by Camille Tilley on 11/05/2009 @ 09:55PM PT
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The sex offender registries began after "Megan'sLaw" was enacted in New Jersey. The registry was created and STILL IS a good idea to track dangerous and violent pedophiles and predators, no question about it. But what has happened across America is that the registries that now top 700,000 include blatantly non dangerous people caught in the system. Really, is there anyone alive who did not have an awkward sexual encounter as a teenager? Let me affirm that rape and other crimes are crimes at any age. Teenagers fooling around after the prom are NOT pedophiles or predators! They are not a danger to CHILDREN at all. They will never repeat what they did after the prom because they will grow out of it. The Adam Walsh act is the feds trying to expand the registries back decades to include people who have paid their debt and have been living productive lives. One 17 year old married his 15 yo "victim". They have grown children and expecting a grandchild. The new law seeks to make this man register as a sex offender!! YES, most emphatically jail, treat and monitor strictly those dangerous proven predators to keep children safe, but ruin countless young lives in the same breath? I recently lost my son as a consequence of these laws. He never was convicted of any crime or on the registry, but prosecutorial manipulation ruined his life at 24. He was a son a brother and a father himself.
Posted by john egberts on 11/06/2009 @ 05:14PM PT
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John, I understand your reasons for taking issue with the registry and I would agree that the process of determining placement on the registry may need reform. I'm glad you can agree that the registry should exist. I don't believe the registry is, or ever was, intended to ruin lives, but to protect them.
Posted by Christine Clarke on 11/07/2009 @ 06:15AM PT
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Is there anyone out there no matter how much they condone the sex offender registry that can honestly say to me that the love and attraction I felt for my future wife at our senior prom in 1970 was deviant behavior? She had her long brown hair done up to the max. Her dress was lavender silk. I tell you now that she was the most beautiful woman I have ever beheld. However, she was 17 and I was 18. Christine Clarke--was I a sex offender?She was a Baptist minister's daughter and no, we did not go "all the way" as we used to call it but by today's standards-? Please tell me you don't believe I belonged on a "dangerous to children" sex offender registry if there had been one in 1970.
Posted by john egberts on 11/06/2009 @ 08:45PM PT
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John, do you think that a 21 year old feeling the same way about an 8 year old is love? Do you feel that a pink Strawberry Shortcake nightgown compares to your wife's lavendar silk prom dress?
Perhaps you did not belong on a sex offender registry, but that moment and that decision to begin a two year relationship with an 8 year old child, four long-term rape victims ago, is one small part of the reason why someone else labeled a 'sex offender' was denied parole on Thursday.
I'm sorry, but there are very good reasons for the sex offender registry and giving an example in which there was no harm, no foul, and no charges were brought against you, does not invalidate the need for one to exist.
Posted by Christine Clarke on 11/07/2009 @ 05:45AM PT
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Sex Offender Vagabond | The Barr Code
Source: blogs.ajc.comLet’s be clear – I dislike sex offenders, especially those who commit sex offenses against minors, as much as any member of the Georgia General Assembly.
Posted by camille tilley on 11/07/2009 @ 07:03AM PT
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1,000 feet does sound like a lot, especially when considering home sizes and property lots. In theory, someone could violate that just by sitting in his living room depending on where he lives.
Posted by Christine Clarke on 11/08/2009 @ 05:03AM PT
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Watch justice taking place in the Maricopa County Superior Courtroom, AZ as the deputy sheriff swipes paperwork off the defense lawyer's table behind her back. Is this "morally unacceptable criminal justice"? You decide.
MCSO Deputies Swipe Defense Attorney's Docs, MCSO Says Deputies "Acted Appropriately" - Phoenix NewsSource: blogs.phoenixnewtimes.comPhoenix News. MCSO Deputies Swipe Defense Attorney's Docs, MCSO Says Deputies...
Posted by camille tilley on 11/07/2009 @ 07:14AM PT
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That's EXACTLY my point Christine. It's apples and oranges. Teenagers in some way involved with someone they perceive as their own age are not using any type of "force or violence". The scenario you describe is a 21 yo and an 8 yo--SICK! WRONG! No sane normal Christian would feel otherwise. Registries set up to track deviant dangerous individuals have ruined a lot more innocent lives than they have saved because non-deviant non-dangerous people of all kinds, over 700,000! have been placed on them. Keep it for the bad ones, but please let the good ones out that did not fit your scenarios and earlier descriptions. Again, the bad people you describe need to be jailed, treated,watched etc but these individuals make up only a small percentage of those registered.
Posted by john egberts on 11/07/2009 @ 08:33PM PT
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For the sake of argument, lets assume that your statement is true, John. If there are soooo many low risk offenders on the registry, why did Matt Kelley take the time to use his blog page to defend a high risk offender's "right" to be in close proximity to a daycare? Makes you wonder who's agenda should be in question.
Posted by Dennis G. on 11/07/2009 @ 09:20PM PT
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John, Thanks for your well-informed comment on this emotional subject that has destroyed lives on both sides of the argument.
Posted by camille tilley on 11/07/2009 @ 10:24PM PT
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thanks so much John egberts for your clarification. I get very frustrated with people like Christine and Dennis who may be well intentioned but who do not seem to GET IT. No one is fighting for the rights of sex offenders who are dangerous !!
Maybe for some people, it takes knowing someone personally in their family or friends who has been put on the registry and is not dangerous or someone who was falsely accused that THEY KNOW and care about to get how horrible it is for these Victims.
And, unlike Dennis, I certainly do not see Matt defending dangerous predators...does he HONESTLY think this? It is strange indeed that he is getting this out of the article.
Posted by patricia w on 11/07/2009 @ 11:14PM PT
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No, Patricia. It isn't that I don't "get it." I do understand, and have said before, that there is a need for balance in the system. Every victim must have protection. Every criminal must have protection.
I'm having that experience with the causes I'm working for also. There are people who are like minded in the legal argument of it all, and people who hold the complete opposite opinion. We all have important roles, even if the conflict slows progress too.
However, all crimes are not equal. Sex offenses, especially the serious ones, are no trivial crime. Additionally, not all crimes carry the same risk or rate of repeat behavior and/or learned behavior from other violators either. Not all crimes are as difficult to prevent.
I do also know of someone who was falsely accused. However, the system worked for him. The charges were reversed and the accuser was put on probation (somehow?) for telling the lie and filing the false claims. I'm not sure what exactly the charges were that were filed or how they were reversed and what they were changed into, but I do know that the falsely accused man was cleared in that case.
Who we know, though, and what stories we may be able to tell about light offenses and/or questionable ones, does not change the fact that some sexual predators are just that - predators. Very dangerous, and sometimes with long histories of repeat behavior.
Yes, they deserve legal defense, but what then? If rehabilitation is impossible in some cases, what should be done? They can't be kept locked away forever ... so, what suggestion do you have as an improvement upon the current process to keep these people from hurting more innocents?
Posted by Christine Clarke on 11/08/2009 @ 04:59AM PT
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This is a program in Europe and Canada...we only have a few here but people volunteer to live for periods of time with the most dangerous s.o.'s and they get treatment and treatment is effective for MOST.
Programs Assisting Sex Offenders Reentering Society---
Circles of Support and Accountability- The mission of COSA is to substantially reduce the risk of future sexual victimisation of community members by assisting and supporting released individuals in their task of integrating with the community and leading responsible, productive, and accountable lives. The core values on which this initiative was founded and which continue to guide us in the pursuit of our mission.-Better People-Oregon Program to Help Ex-Offenders Get Jobs-Grace to a Stranger: A Program Helping Sex Offenders To Blend Into The Community The Effectiveness of Restorative Justice
Proponents of restorative justice contend that it is more likely than retributive justice to reduce the incidence of crime because of its central concern for the safety of victims. It addresses crime at the macro level as well at the micro level – it recognises the need for building safe communities as well as the need to resolve specific crime problems. The preponderance of evaluation studies have been carried out on the two main models of mediation and conferencing (Miers et al, 2001; Kurki, 2003). At a general level, these studies have demonstrated that restorative justice can have a reductive effect in certain cases and can change the behaviour of some offenders. On the whole, however, there is more evidence that restorative justice is effective in reducing either the frequency or severity of reoffending for juveniles than in the case of adult offenders (Sherman et al, 2000; Morris & Maxwell, 2003).
In relation to the use of restorative justice with sexual offending, an archival study of nearly 400 court and conference cases of youth sexual assault in South Australia demonstrates that the conference process may be less victimizing than the court regime and may produce more effective outcomes (Daly, 2006). Overall the prevalence of reoffending was much higher for those young offenders dealt with by the court (66 per cent) than by the conference process (48 per cent). There is little empirical data available on circles given the relative newness of the concept. The available research evidence demonstrates, however, that circles can be effective in managing high risk sex offenders on at least two levels: in reducing recidivism rates (Wilson et al, 2002) and in engaging communities in the reintegrative process (Quaker Peace and Social Witness, 2005: 5). One such evaluation of circles in Ontario found that high-risk sex offenders receiving assistance via a circle re-offended at a lower rate incrementally in comparison with a control sample (Wilson et al, 2002). In comparing the expected recidivism rate of these offenders with the actual observed rate, sexual recidivism was reduced by more than 50 per cent (Wilson et al, 2002: 378). Moreover, each incident of reoffending was less invasive and severe than the original offence for which the offender had been imprisoned (Wilson et al, 2002: 378). Early evaluations of these projects in England and Wales have also shown that circles have been effective in reducing expected rates of recidivism and assisting in offender rehabilitation. Moreover, despite tentative beginnings, communities were willing to play a constructive and supportive role in this process (Quaker, Peace and Social Witness, 2005). It remains unclear from the empirical evidence to date what particular features of the circle environment help to reduce offending behaviour. It may be the case that the simple provision of extra focused support reduces subsequent deviant behaviour.
Restorative Justice as a Response to Sexual Offending – Addressing the Failings of Current Punitive Approaches
Anne-Marie McAlinden
School of Law, Queen’s University Belfast
Circles of Support and Accountability (COSA or Circles) have been operating
in Canada and England for several years. Following a recommendation by the Justice 2 Committee, the Scottish Government now believes it timely to consider the feasibility of introducing COSA pilots to Scotland. The SCCJR was subsequently commissioned to undertake this investigation on behalf of the Scottish Government. This report broadly covers these areas: § The implementation experience of Circles in England and Canada;
§ The distinctive features of Scottish criminal justice that might affect implementation of pilots; § The implications of volunteers working with sex offenders; § The evidence of effectiveness of Circles so far; and,§ Feasibility issues of establishing pilot Circles in Scotland. 1.2 COSA use volunteers to form a ‘circle’ around a high risk, high needs sex offender (the core member of the Circle) to support that person’s reintegration into
the community. Volunteers support an offender by modelling pro‐social relationships, assisting with practical needs such as housing and employment, and generally encouraging the offender to lead a life free from further offending. They hold the offender accountable by challenging his attempts to rationalise or minimize offending behaviours and risky thought patterns, and by reporting concerns to authorities.1 1.3 Some of the claimed advantages of this approach are: enhancingthe monitoring capacity of statutory agencies; addressing the social support needs of offenders which are linked to offending but beyond the capacity of professionals to manage; empowering communities to participate in reducing reoffending; and providing a means of public education for volunteers and their social networks about the nature and realities of sexual offending. 1.4 Some of the claimed concerns raised by this approach are: attempting to provide statutory supervision ‘on the cheap’; risks of using volunteers from the
community to work with a highly manipulative group (such as risks of collusion and safety); difficulty recruiting adequate numbers of appropriate volunteers; great expense in providing adequate training, support and supervision of volunteers;
Restorative Justice and Responsive Regulation Book by John Braithwaite; Oxford University Press, 20
1
www.sccjr.ac.uwww.sccjr.ac.ukkTitle Page
Contents
1: The Fall and Rise of Restorative Justice
2: Responsive Regulation
3: Does Restorative Justice Work?
4: Theories That Might Explain Why Restorative Justice Works
5: Worries about Restorative Justice
6: World Peacemaking
7: Sustainable Development
8: Transforming the Legal System
References
SOME CURRENT HISTORY OF THE SEX OFFENDER LAWS AND IT’S IMPACT
There are two important studies which have just been published. They examined the effectiveness of the sex offender registry laws in New Jersey and New York. The New Jersey study was federally funded.
Both found that the sex offender registration and notification laws had no significant effect on preventing sex crimes. The New Jersey study found an overall rate of recidivism of sex crimes of 9% over the 6 1/2 year follow up period.
From the report: "Despite widespread community support for these laws, there is virtually no evidence to support their effectiveness in reducing either new first-time sex offenses (through protective measures or general deterrence) or sex re-offenses (through protective measures and specific deterrence)...Given the lack of demonstrated effect of Megan's Law on sexual offenses, the growing costs may not be justifiable."
STATS ON ABUSE:
According to the U.S. Department of Justice, 93% of children who are victims of sexual abuse are victimized by family members or acquaintances. 94% of those arrested for the sexual molestation of children in New York State are first time offenders who are not listed on any registry. To put it another way, if a child has been the victim of sexual abuse, the odds are 4 in 1,000 that the child was victimized by a stranger who is a registered sex offender. The odds are far greater, 874 in 1,000, that the child was victimized by a family member or acquaintance who is not listed on the sex offender registry. The primary effect of sex offender registries is to give the public a false sense of security.
Posted by patricia w on 11/08/2009 @ 09:00AM PT
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This is a program in Europe and Canada...we only have a few here but people volunteer to live for periods of time with the most dangerous s.o.'s and they get treatment and treatment is effective for MOST.
Programs Assisting Sex Offenders Reentering Society---
Circles of Support and Accountability- The mission of COSA is to substantially reduce the risk of future sexual victimisation of community members by assisting and supporting released individuals in their task of integrating with the community and leading responsible, productive, and accountable lives. The core values on which this initiative was founded and which continue to guide us in the pursuit of our mission.-Better People-Oregon Program to Help Ex-Offenders Get Jobs-Grace to a Stranger: A Program Helping Sex Offenders To Blend Into The Community The Effectiveness of Restorative Justice
Proponents of restorative justice contend that it is more likely than retributive justice to reduce the incidence of crime because of its central concern for the safety of victims. It addresses crime at the macro level as well at the micro level – it recognises the need for building safe communities as well as the need to resolve specific crime problems. The preponderance of evaluation studies have been carried out on the two main models of mediation and conferencing (Miers et al, 2001; Kurki, 2003). At a general level, these studies have demonstrated that restorative justice can have a reductive effect in certain cases and can change the behaviour of some offenders. On the whole, however, there is more evidence that restorative justice is effective in reducing either the frequency or severity of reoffending for juveniles than in the case of adult offenders (Sherman et al, 2000; Morris & Maxwell, 2003).
In relation to the use of restorative justice with sexual offending, an archival study of nearly 400 court and conference cases of youth sexual assault in South Australia demonstrates that the conference process may be less victimizing than the court regime and may produce more effective outcomes (Daly, 2006). Overall the prevalence of reoffending was much higher for those young offenders dealt with by the court (66 per cent) than by the conference process (48 per cent). There is little empirical data available on circles given the relative newness of the concept. The available research evidence demonstrates, however, that circles can be effective in managing high risk sex offenders on at least two levels: in reducing recidivism rates (Wilson et al, 2002) and in engaging communities in the reintegrative process (Quaker Peace and Social Witness, 2005: 5). One such evaluation of circles in Ontario found that high-risk sex offenders receiving assistance via a circle re-offended at a lower rate incrementally in comparison with a control sample (Wilson et al, 2002). In comparing the expected recidivism rate of these offenders with the actual observed rate, sexual recidivism was reduced by more than 50 per cent (Wilson et al, 2002: 378). Moreover, each incident of reoffending was less invasive and severe than the original offence for which the offender had been imprisoned (Wilson et al, 2002: 378). Early evaluations of these projects in England and Wales have also shown that circles have been effective in reducing expected rates of recidivism and assisting in offender rehabilitation. Moreover, despite tentative beginnings, communities were willing to play a constructive and supportive role in this process (Quaker, Peace and Social Witness, 2005). It remains unclear from the empirical evidence to date what particular features of the circle environment help to reduce offending behaviour. It may be the case that the simple provision of extra focused support reduces subsequent deviant behaviour.
Restorative Justice as a Response to Sexual Offending – Addressing the Failings of Current Punitive Approaches
Anne-Marie McAlinden
School of Law, Queen’s University Belfast
Circles of Support and Accountability (COSA or Circles) have been operating
in Canada and England for several years. Following a recommendation by the Justice 2 Committee, the Scottish Government now believes it timely to consider the feasibility of introducing COSA pilots to Scotland. The SCCJR was subsequently commissioned to undertake this investigation on behalf of the Scottish Government. This report broadly covers these areas: § The implementation experience of Circles in England and Canada;
§ The distinctive features of Scottish criminal justice that might affect implementation of pilots; § The implications of volunteers working with sex offenders; § The evidence of effectiveness of Circles so far; and,§ Feasibility issues of establishing pilot Circles in Scotland. 1.2 COSA use volunteers to form a ‘circle’ around a high risk, high needs sex offender (the core member of the Circle) to support that person’s reintegration into
the community. Volunteers support an offender by modelling pro‐social relationships, assisting with practical needs such as housing and employment, and generally encouraging the offender to lead a life free from further offending. They hold the offender accountable by challenging his attempts to rationalise or minimize offending behaviours and risky thought patterns, and by reporting concerns to authorities.1 1.3 Some of the claimed advantages of this approach are: enhancingthe monitoring capacity of statutory agencies; addressing the social support needs of offenders which are linked to offending but beyond the capacity of professionals to manage; empowering communities to participate in reducing reoffending; and providing a means of public education for volunteers and their social networks about the nature and realities of sexual offending. 1.4 Some of the claimed concerns raised by this approach are: attempting to provide statutory supervision ‘on the cheap’; risks of using volunteers from the
community to work with a highly manipulative group (such as risks of collusion and safety); difficulty recruiting adequate numbers of appropriate volunteers; great expense in providing adequate training, support and supervision of volunteers;
Restorative Justice and Responsive Regulation Book by John Braithwaite; Oxford University Press, 20
1
www.sccjr.ac.uwww.sccjr.ac.ukkTitle Page
Contents
1: The Fall and Rise of Restorative Justice
2: Responsive Regulation
3: Does Restorative Justice Work?
4: Theories That Might Explain Why Restorative Justice Works
5: Worries about Restorative Justice
6: World Peacemaking
7: Sustainable Development
8: Transforming the Legal System
References
SOME CURRENT HISTORY OF THE SEX OFFENDER LAWS AND IT’S IMPACT
There are two important studies which have just been published. They examined the effectiveness of the sex offender registry laws in New Jersey and New York. The New Jersey study was federally funded.
Both found that the sex offender registration and notification laws had no significant effect on preventing sex crimes. The New Jersey study found an overall rate of recidivism of sex crimes of 9% over the 6 1/2 year follow up period.
From the report: "Despite widespread community support for these laws, there is virtually no evidence to support their effectiveness in reducing either new first-time sex offenses (through protective measures or general deterrence) or sex re-offenses (through protective measures and specific deterrence)...Given the lack of demonstrated effect of Megan's Law on sexual offenses, the growing costs may not be justifiable."
STATS ON ABUSE:
According to the U.S. Department of Justice, 93% of children who are victims of sexual abuse are victimized by family members or acquaintances. 94% of those arrested for the sexual molestation of children in New York State are first time offenders who are not listed on any registry. To put it another way, if a child has been the victim of sexual abuse, the odds are 4 in 1,000 that the child was victimized by a stranger who is a registered sex offender. The odds are far greater, 874 in 1,000, that the child was victimized by a family member or acquaintance who is not listed on the sex offender registry. The primary effect of sex offender registries is to give the public a false sense of security.
Posted by patricia w on 11/08/2009 @ 09:00AM PT
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I just have to sit here and shake my head. Assuming your statement is true about children not being vicitimized by registered sex offenders, wouldn't that be evidence to show that registries and restrictions are at least somewhat effective in keeping predators away from more possible victims?
Posted by Dennis G. on 11/08/2009 @ 09:23AM PT
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I forget what that kind of argument in logic is called...ipso facto ? but I remember that assuming something because something does NOT work....as in it does not follow...anyway, someone out there who knows more about this may be able to help.
You seem so committed to the registries and want to believe they work, I cannot prove anything to you with facts.
Are you shaking your head because you just don't want to consider any of this information (which if you cared to, you could check out)? that's a big part of this problem, that people who are reacting to this issue so emotionally do not care to check out anything that challenges their beliefs.
I repeat...NO ONE WANTS TO PROTECT DANGEROUS SEX OFFENDERS...we ALL want to protect children. But, as hard as it is to believe, these laws are a smokescreen right now, are less effective than ever and are ruining people's lives (not ONLY innocent victims....AND I don't think it helps to argue who is hurt worse...SOME victims are hurt much more, some less than men falsely accused who are serving years in prison away from the families they love and who love them). How does it help victims of predators (the dangerous ones) to punish people who are not dangerous???
RIGHT NOW there are too many on the registry AND this is what hurts the registry from working well because it dilutes it's power, takes time and effort away from law enforcements' attempt to watch the truly dangerous...and then we need to make sure these people are either getting effective treatment and supervision because otherwise our children will continue to be in danger.
Reacting in oversimplistic and emotional ways to this issue does not help. It makes things worse.
Posted by patricia w on 11/08/2009 @ 11:51AM PT
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Patricia, you say "no one wants to protect dangerous sex offenders". And I say no one wants innocent people in prison or on a sex registry. Ok, we agree on those correct? Now here is the problem...In a previous blog Matt Kelley advocated on behalf of a man convicted of attempted rape and violating 2 teenage girls. That offender is a violent, dangerous recidivists and Matt Kelley, along with others, have tried to protect his "right" to be in close proximity to a day care. As a violent, dangerous recidivits, that offender gave up certain rights in accordance to the sex offender restrictions. You like to talk about facts and evidence. Unfortunately, the facts show that there are people who, for some reason, protect dangerous sex offenders. So, perhaps you should direct your comments at them, because they are the ones who hamper efforts to get certain people off the list. As long as there are people out there who do protect dangerous sex offenders, then the registry laws will have to stay as they are. Can you justify someone speaking up for a violent offender? An offender who has multiple sex crime convictions?
Posted by Dennis G. on 11/08/2009 @ 04:47PM PT
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The issue of sex offenders and the registry brings out more BLACK AND WHITE thinking than any other issue. pw
The logical fallacy of false dilemma (also called false dichotomy, the either-or fallacy) involves a situation in which only two alternatives are considered, when in fact there are other options. Closely related are failing to consider a range of options and the tendency to think in extremes, called black-and-white thinking. Strictly speaking, the prefix "di" in "dilemma" means "two". When a list of more than two choices is offered, but there are other choices not mentioned, then the fallacy is called the fallacy of false choice, or the fallacy of exhaustive hypotheses.
False dilemma can arise intentionally, when fallacy is used in an attempt to force a choice ("If you are not with us, you are against us.") But the fallacy can arise simply by accidental omission—possibly through a form of wishful thinking or ignorance—rather than by deliberate deception ("I thought we were friends, but all my friends were at my apartment last night and you weren't there.")
When two alternatives are presented, they are often, though not always, two extreme points on some spectrum of possibilities. This can lend credence to the larger argument by giving the impression that the options are mutually exclusive, even though they need not be. Furthermore, the options are typically presented as being collectively exhaustive, in which case the fallacy can be overcome, or at least weakened, by considering other possibilities, or perhaps by considering a whole spectrum of possibilities, as in fuzzy logic.
Posted by patricia w on 11/08/2009 @ 11:58AM PT
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And just for the record...do I think that Matt Kelley intentionally would attempt to promote putting children in danger? NO. However, I STRONGLY disagree with the way he handled this particular subject and I believe the views that he has put forth could have have harmful consequences if they are accepted in society.
Posted by Dennis G. on 11/08/2009 @ 04:58PM PT
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Morally unacceptable criminal justice system. Two books that should be required reading by all college students.
"Jingle Jangle" the Ray Krone story, innocent man spent 17 years in prison Maricopa County, AZhttp://www.jinglejangle.us/
"Accidental Felons" DUI's and mandatory minimum sentencing in Arizonahttp://danielhorne.blogspot.com/
Prosecutorial Misconduct: Will there be accountability?http://danielhorne.blogspot.com/2009/08/prosecutor-misconduct-will-there-be.html
Posted by camille tilley on 11/08/2009 @ 05:34PM PT
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For help in defending against a sex charge please go to:
http://socombatmanual.info
Thanks,
Jim
Posted by James Coghill on 11/08/2009 @ 08:20PM PT
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Jim, Thanks for posting the link. The manual is an outstanding body of work.
Posted by camille tilley on 11/08/2009 @ 08:32PM PT
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It's hard to tell who is the victim, so here's an article for you who are concerned:
http://la.indymedia.org/news/2005/01/121339.php">Officers who beat Donovan Jackson rewarded by jury
Posted by Mary Acosta on 11/10/2009 @ 11:44AM PT
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Mary we are ALL victims here. It doesn't matter which side of the fence you sit on. We are ALL victims here.
Jim
Posted by James Coghill on 11/15/2009 @ 07:45PM PT
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One of the responders to this dicussion wrote that we are a "nation of laws" and we should follow them. There used to be laws against women being able to vote. There used to be laws about where a person of color could work,go to school or ever where he may eat. There are laws now that allow banks to charge $40 for a 50-cent mistake in a checkbook. There are other banking laws, like being able to reduce credit limits overnight and jack up the interest on an account, even if you have been a sterling customer.
The point is that while there are many good laws, there are just as many bad ones that may have been enacted with good intent, but in practice actually destroy lives like sex offender registry laws such as the Adam Walsh Act. Many state superior courts have found many of its provisions unconstitutional. I pray to God that the madness instigated by this legislation will one day end. I pray we weed out the truly dangerous and watch them closely to be sure. Just give the others their God-given lives back and let them live in peace!
Posted by john egberts on 11/14/2009 @ 06:44AM PT
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"There are unjust laws just as there are unjust men." (Gandhi)
Posted by James Coghill on 11/14/2009 @ 09:27AM PT
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People need to write their state legislators to not fund the Adam Walsh Act. The fine to not fund it will be less than the millions it will cost the taxpayers, not to mention the ongoing litigation that is taking place now and will continue. SO's cannot be living under bridges in Miami, and have no place to live in Atlanta, and on and on, with the hysteria the "child abuse industry" caused so they can profit. These limited funds and resources should be spent on the truly sick and depraved, not the "pee" in the park offenders who are thrown into the same Pandora's Box -- broad-brushed by knee-jerk legislation. These laws didn't stop the depraved monsters we are hearing about 24/7 in the media. Parole didn't either. So who is paying for all this? The taxpayers who do not have money, their states are broke and the nation is in financial collapse except for the handful of Wall Street casino operators who transfer the people's money into their pockets and bonuses.
Posted by camille tilley on 11/14/2009 @ 08:57AM PT
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http://www.authorhouse.com/BookStore/ItemDetail.aspx?bookid=22009
A true story of corruption, politics and for-profit private prisons
This must read book into prison privatization is the firsthand account of the uncovering of corruption leading to the largest civil penalty at that time by the Florida Commission on, the discrediting of the academic “guru” and Wall Street darling of prison privatization, the resignation of the executive director of the state agency that oversees the private prisons, and the authors thrust into the position as a leader in the fight against the private prison industry.
Ken Kopczynski describes in detail, backed up with copious documentation, how he unraveled the financial dealings of Dr. Charles Thomas and his relationship with the private prison industry. Follow Kopczynski as he pieces clues together exposing how the private prison industry came into being and how they used Thomas and C. Mark Hodges, Executive Director of the Florida Correctional Privatization Commission, to promote the industry.
"If this book were only about individuals whose greed led them to run
afoul of ethics rules and who were hoisted on their own petard, it would
be interesting but not nearly as important as it is. What makes this
cautionary tale that deserves to be better known is the way Kopczynski
reveals patterns in the way that for-profit prison vendors do business."
Correctional Law Reporter, April/May 200
Posted by camille tilley on 11/15/2009 @ 04:16PM PT
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http://allthemoneyouneed.com/2009/05/prison-profiteers-who-makes-money-from-mass-incarceration/
Prison Profiteers Who Makes Money from Mass Incarceration
Prison Profiteers Who Makes Money from Mass Incarceration
The astonishing range of industries, corporations, and individuals profiting from the imprisonment of over 2.3 million Americans.
“Positive: With the baby boomlet demographics, we foresee increasing demand for juvenile [incarceration] services. Negative:…it is often difficult to maintain the occupancy rates required for profitability.”—from a report produced for the private prison industry by investment analysts First Analysis Securities CorporationLocking up 2.3 million people isn’t cheap. Each year federal, state, and local governments spend over $185 billion annually in tax dollars to ensure that one out of every 137 Americans is imprisoned.
Prison Profiteers looks at the private prison companies, investment banks, churches, guard unions, medical corporations, and other industries and individuals that benefit from this country’s experiment with mass imprisonment. It lets us follow the money from public to private hands and exposes how monies formerly designated for the public good are diverted to prisons and their maintenance. Find out where your tax dollars are going as you help to bankroll the biggest prison machine the world has ever seen.
Contributors include: Judy Greene on private prison giants Geo (formerly Wackenhut) and CCA; Anne-Marie Cusac on who sells electronic weapons to prison guards; David Lapido on how private corporations profit from prison labor; Wil S. Hylton on the largest prison health care provider; Ian Urbina on how prison labor supports the military; Kirsten Levingston on the privatization of public defense; Jennifer Gonnerman on the costs to neighborhoods from which prisoners are removed; Kevin Pranis on the banks and brokerage houses that finance prison building; and Silja Talvi on the American Correctional Association as a tax-funded lobbyist for professional prison bureaucracies.
Posted by camille tilley on 11/15/2009 @ 06:01PM PT
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Here's a curious fact:
Published on Fridya, September 22, 2000 in the San Francisco Chronicle States Without Death Penalty Have Lower Homicide Rates by Raymond Bonner, Ford Fessenden, New York Times The dozen states that have chosen not to enact the death penalty since the Supreme Court ruled in 1976 that it was constitutionally permissible have not had higher homicide rates than states with the death penalty, statistics and analysis show.
Indeed, 10 of the 12 states without capital punishment have homicide rates below the national average, FBI data shows, while half the states with the death penalty have homicide rates above the national average. A state-by-state analysis found that during the last 20 years, the homicide rate in states with the death penalty has been 48 percent to 101 percent higher than in states without the death penalty.
The Times study also found that homicide rates have risen and fallen along roughly symmetrical paths in the states with and without the death penalty, suggesting to many experts that the threat of the death penalty rarely deters criminals.
``It is difficult to make the case for any deterrent effect from these numbers,'' said Steven Messner, a criminologist at the State University of New York at Albany, who reviewed the analysis. ``Whatever the factors are that affect change in homicide rates, they don't seem to operate differently based on the presence or absence of the death penalty in a state.''
That is one of the arguments most frequently made against capital punishment in states without the death penalty -- that and the assertion that it is difficult to mete out fairly. Opponents also maintain that it is too expensive to prosecute and that life without parole is a more efficient form of punishment.
Prosecutors and officials in states that have the death penalty are as passionate as in states that don't. While they recognize that it is difficult to make the case for deterrence, they contend that there are powerful reasons to carry out executions. Rehabilitation is ineffective, they argue, and capital punishment is often the only penalty that matches the heinousness of the crimes committed. Furthermore, they say, society has a right to retribution, and the finality of an execution can bring closure to victims' families.
Polls indicate that these are the views held by most people. And certainly, most states have death penalty statutes. Twelve states have chosen otherwise, but their experiences have been largely overlooked in recent discussions about capital punishment.
``I think Michigan made a wise decision 150 years ago,'' said the state's Republican governor, John Engler. Michigan abolished the death penalty in 1846 and has resisted attempts to reinstate it. ``We're pretty proud of the fact that we don't have the death penalty,'' Engler said, adding that he is opposed to the death penalty on moral and pragmatic grounds.
Engler said he is not swayed by polls that show 60 percent of Michigan residents favor the death penalty. He said 100 percent would like not to pay taxes.
In addition to Michigan, and its Midwestern neighbors Iowa, Minnesota, North Dakota and Wisconsin, the states without the death penalty are Alaska, Hawaii, West Virginia, Rhode Island, Vermont, Maine and Massachusetts, where an effort to reinstate it was narrowly defeated last year.
The homicide rate in North Dakota, which does not have the death penalty, was lower than the homicide rate in South Dakota, which does have it, according to FBI statistics for 1998. Massachusetts, which abolished capital punishment in 1984, has a lower rate than Connecticut, which has six people on death row; the homicide rate in West Virginia is 30 percent below that of Virginia, which has one of the highest execution rates in the country.
Other factors affect homicide rates, of course, including unemployment and demographics, as well as the amount of money spent on police, prosecutors and prisons.
But the analysis found that the demographic profile of states with the death penalty is not far different from that of states without it. The poverty rate in states with the death penalty, as a whole, was 13.4 percent in 1990, compared with 11.4 percent in states without the death penalty.
Of the current death row population across the country, 43 percent are African Americans, according to the NAACP Legal Defense and Educational Fund Inc.
BC:
THE DEATH PENALTY AND HOMICIDE RATES
Homicide rates in states with the death penalty are higher than in
those without, and have shown similar up-and-down trends over the
years, offering little support to the contention that capital punishment is
a deterrent.
.
Death row inmates as of July 2000
.
ORE. 28
ALA. 184
ALASKA No Death Penalty
ARIZ. 120
ARK. 41
CALIF. 576
COLO. 6
CONN. 6
DEL. 18
FLA. 391
GA. 135
HAWAII No Death Penalty
IDAHO 21
ILL. 168
IND. 43
IOWA No Death Penalty
KAN. 4
KY. 41
LA. 91
ME. No Death Penalty
MD. 18
MASS. No Death Penalty
MICH. No Death Penalty
MINN No Death Penalty.
MISS. 63
MO. 80
MONT. 6
NEB. 10
NEV. 91
NH 0
N.J. 17
NM 5
NY 5
NC 232
ND No Death Penalty
OHIO 200
OKLA. 148
PA. 235
R.I. No Death Penalty
SC 70
SD 3
TENN. 101
TEX. 455
UTAH 11
VA. 29
VT. No Death Penalty
WASH. 16
W. VA. No Death Penalty
WIS. No Death Penalty
WYO. 2
.
-- HOMICIDE RATES
States with the death penalty(x)
.
-- Highest
Louisiana 12.8
Mississippi 11.4
New Mexico 10.9
Maryland 10.0
Nevada 9.7
-- Lowest
Massachusetts(x) 2.0
Iowa(x) 1.9
New Hampshire 1.5
South Dakota 1.4
North Dakota 1.1
.
Sources: Analysis by The New York Times (homicide rates); NAACP Legal
Defense and Education Fund (death row population); National Center for Health
Statistics and Census Bureau (state homicide rates) ©2000 San Francisco Chronicle
###
Posted by James Coghill on 11/15/2009 @ 06:31PM PT
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A MESAGE FOR EVERYONE
There are some unscroupulous organizations and people out there that are preying on the families of the accused by taking their money and promising to help. Be wary of anyone or anything that promises results. Make a post here about them first to see if anyone has past experience with them. If you haven't been able to tell yet, getting results is something most of us have been working on for years, so it doesn't come easily or quickly for anyone.
Posted by James Coghill on 11/15/2009 @ 07:53PM PT
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Thanks Matt and 'company' ... posted on my twitter page http://twitter.com/babar2
Please check out: info@FreePeltierNow.org , contact@whoisleonardpeltier.info
* Zoom In: Focus on Executive Review *
A new campaign sponsored by the Leonard Peltier Defense Offense
Committee (LP-DOC) with Friends of Peltier and the International
Peltier Forum
The United States courts have acknowledged that Leonard Peltier
was the victim of official misconduct and convicted on the
basis of fabricated and suppressed evidence, as well as coerced
testimony. However, the courts have not granted Leonard a new trial.
Attorney General Eric Holder can conduct an Executive Review of
the Peltier case and provide a remedy. In fact, he has said that
in the face of misconduct by Department of Justice officials, it's
his job to do the right thing. That's why we've renewed the call
for an Executive Review of the Peltier case.
Join us in our new campaign to demand equal justice for Leonard
Peltier.
The Campaign
People often ask... "Who are those Peltier supporters, anyway?" We're
all just ordinary folks from all around the world. We're a diverse
group, representative of all races/ethnicities, religions, social
classes, political beliefs, etc. Yet, we have at least one thing in
common. We know a grave injustice has been done to Leonard Peltier.
The campaign concept is simple: (1) Send a message to AG Holder--We
want justice... equal justice... and we want it NOW and (2) Put a
face to the message.
The campaign has two components:
Action #1: Personal Response--Where you'll provide a photographic
image of yourself holding a campaign sign, as well as your name,
address and e-mail address.
Action #2: Community Response--Where you'll go out into your
community and get others to participate in the campaign.
A box filled to the brim with campaign flyers, including all our
faces, will be delivered to AG Holder's office on or around February
6, 2010 - the 34th anniversary of Leonard Peltier's arrest.
For details and instructions, see www.whoisleonardpeltier.info.
We also ask that you contribute $1 to help us with expenses
associated with the campaign. That's right--ONE U.S. dollar! You
can, of course, donate more if you wish. Checks and money orders
should be made out to "LPDOC". If you prefer, you may donate online
at www.whoisleonardpeltier.info.
Contrary to what some say, the Committee has limited resources and,
like any other grassroots organization, struggles financially. Your
dollars are needed to make this and other campaigns successful
and so that more events--like those held in Boulder, Lewisburg,
and Washington, DC, this year--can be planned and successfully
implemented in the months ahead. Please give what you can.
Deadline
All photos should be received NO LATER THAN JANUARY 31, 2010 (but
please don't wait until then to send us your photo).
Again, for instructions, see www.whoisleonardpeltier.info. Download
the campaign kit and review all of the materials provided. The
campaign e-mail address is zoom@whoisleonardpeltier.info.
Don't hesitate to ask questions or request assistance.
Note to our local support group coordinators: Please let us know
you're on board with this new campaign by sending an e-mail to
zoom@whoisleonardpeltier.info. We'll work closely with you to
help you succeed. To assist us with the planning of branch-specific
special communications (which may be state, regional or international
in scope) please provide your name and location in the body of
your e-mail.
Thanks to all of you for the work you do. With your help, Leonard
WILL see freedom soon.
Kari Ann Cowan, Assistant Coordinator
Leonard Peltier Defense Offense Committee
www.whoisleonardpeltier.info
Time to set him free... Because it is the RIGHT thing to do.
Friends of Peltier
http://www.FreePeltierNow.org
Posted by rosemary rannes on 11/16/2009 @ 09:35PM PT
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