This literature review summarizes and critically analyzes sources relevant to assessing media and criminal justice system responses to child sex offending in the UK and USA. It discusses a journal article that compares public notification statutes in the two countries, noting both laws aimed to allow public protection and deter recidivism. While published early, the article's statistics can be confirmed. A second source discusses media influence on legislation, relevant as both Megan's Law and Sarah's Law gained backing from media coverage of murders. Finally, a government bulletin on sex offense statistics in England and Wales will help evaluate the effectiveness of registration schemes.
This document discusses issues with the U.S. criminal justice system, including mass incarceration of nonviolent offenders, overcrowded prisons, lack of treatment for drug addiction and mental health issues, and high recidivism rates. It argues that alternative approaches like treatment programs and community service rather than incarceration for nonviolent crimes could help address these problems in a more effective and cost-efficient manner. The document also raises concerns about excessive use of force by police and a lack of fair treatment of citizens, especially minorities, within the justice system.
The study aimed to investigate how mock jurors' perceptions of a human sex trafficking case are affected by the type of force used (coercion vs. physical abuse), the gender of the defendant (male vs. female trafficker), and the gender of the participant (male vs. female). The researchers hypothesized that physical abuse, a male defendant, and female participants would lead to more guilty verdicts and pro-victim ratings. 343 online participants read a fictional trafficking trial summary and indicated their verdict and ratings of trial aspects. The results may influence how prosecutors handle real sex trafficking cases.
This study examines how increased access to firearms in the U.S., due to the expiration of the Federal Assault Weapons Ban in 2004, affected violence in Mexico. The authors find that Mexican municipalities near the U.S. border experienced a disproportionate increase in homicides, gun-related homicides, and crime gun seizures after 2004 compared to municipalities near the California border, which retained its assault weapons ban. Additionally, the effects were larger in municipalities that had become more politically competitive prior to 2004, suggesting that increased weapons availability has greater impacts where political conditions foster instability between drug cartels and local governments.
Cja 498 Enthusiastic Study / snaptutorial.comStephenson26
The document discusses a criminal case in the city of Centervale. It describes the murder of Cindy Jones five years ago and the recent conviction of Jason Rivers for her murder. It outlines citizens' concerns about crime and the criminal justice system in Centervale following Rivers' early release and subsequent assault. These concerns include distrust of law enforcement due to a former detective's prior conduct. The document proposes a Citizen's Academy to address citizens' issues and educate them about challenges faced by criminal justice professionals.
The document discusses Herbert Packer's models of the criminal justice process - the crime control model and due process model. It predicts how the future of criminal justice may develop depending on whether the crime control model or due process model dominates. Key predictions include expanded DNA databases and electronic surveillance if crime control dominates, and maintained limitations on police powers if due process dominates. Restorative justice and alternative dispute resolution may also play a larger role in the future.
Sexual Offenders Risk, Recidivism, and Social Policiessoissues
This document discusses sex offender policies and related research findings. It summarizes studies that have found relatively low recidivism rates for sex offenders, often lower than other types of criminals. For example, a US DOJ study found a 5.3% recidivism rate for sex offenders over 3 years, compared to 43% for non-sex offenders. Treatment is also shown to reduce recidivism. However, sex offender laws like registration and notification are enacted in response to public fear rather than evidence, and these laws may negatively impact offenders and their rehabilitation without clear evidence that they reduce reoffending.
Prison overcrowding is a significant problem in the United States, with over 2.4 million incarcerated individuals. The document discusses how prison overcrowding stems from factors like changes in laws and crime rates, as well as how drug charges are the leading cause of incarceration. It also addresses the high costs of housing inmates, issues caused by overcrowding like longer wait times, and potential solutions such as education and rehabilitation programs.
This document discusses issues with the U.S. criminal justice system, including mass incarceration of nonviolent offenders, overcrowded prisons, lack of treatment for drug addiction and mental health issues, and high recidivism rates. It argues that alternative approaches like treatment programs and community service rather than incarceration for nonviolent crimes could help address these problems in a more effective and cost-efficient manner. The document also raises concerns about excessive use of force by police and a lack of fair treatment of citizens, especially minorities, within the justice system.
The study aimed to investigate how mock jurors' perceptions of a human sex trafficking case are affected by the type of force used (coercion vs. physical abuse), the gender of the defendant (male vs. female trafficker), and the gender of the participant (male vs. female). The researchers hypothesized that physical abuse, a male defendant, and female participants would lead to more guilty verdicts and pro-victim ratings. 343 online participants read a fictional trafficking trial summary and indicated their verdict and ratings of trial aspects. The results may influence how prosecutors handle real sex trafficking cases.
This study examines how increased access to firearms in the U.S., due to the expiration of the Federal Assault Weapons Ban in 2004, affected violence in Mexico. The authors find that Mexican municipalities near the U.S. border experienced a disproportionate increase in homicides, gun-related homicides, and crime gun seizures after 2004 compared to municipalities near the California border, which retained its assault weapons ban. Additionally, the effects were larger in municipalities that had become more politically competitive prior to 2004, suggesting that increased weapons availability has greater impacts where political conditions foster instability between drug cartels and local governments.
Cja 498 Enthusiastic Study / snaptutorial.comStephenson26
The document discusses a criminal case in the city of Centervale. It describes the murder of Cindy Jones five years ago and the recent conviction of Jason Rivers for her murder. It outlines citizens' concerns about crime and the criminal justice system in Centervale following Rivers' early release and subsequent assault. These concerns include distrust of law enforcement due to a former detective's prior conduct. The document proposes a Citizen's Academy to address citizens' issues and educate them about challenges faced by criminal justice professionals.
The document discusses Herbert Packer's models of the criminal justice process - the crime control model and due process model. It predicts how the future of criminal justice may develop depending on whether the crime control model or due process model dominates. Key predictions include expanded DNA databases and electronic surveillance if crime control dominates, and maintained limitations on police powers if due process dominates. Restorative justice and alternative dispute resolution may also play a larger role in the future.
Sexual Offenders Risk, Recidivism, and Social Policiessoissues
This document discusses sex offender policies and related research findings. It summarizes studies that have found relatively low recidivism rates for sex offenders, often lower than other types of criminals. For example, a US DOJ study found a 5.3% recidivism rate for sex offenders over 3 years, compared to 43% for non-sex offenders. Treatment is also shown to reduce recidivism. However, sex offender laws like registration and notification are enacted in response to public fear rather than evidence, and these laws may negatively impact offenders and their rehabilitation without clear evidence that they reduce reoffending.
Prison overcrowding is a significant problem in the United States, with over 2.4 million incarcerated individuals. The document discusses how prison overcrowding stems from factors like changes in laws and crime rates, as well as how drug charges are the leading cause of incarceration. It also addresses the high costs of housing inmates, issues caused by overcrowding like longer wait times, and potential solutions such as education and rehabilitation programs.
This document discusses the use of gang injunctions by the City of Columbia to reduce gang violence. It reviews research on the effectiveness of gang injunctions, finding mixed results. Studies have shown reductions in crime within safety zones, but also potential increases in surrounding areas. The document also analyzes constitutional issues with gang injunctions, such as claims that provisions limiting association can be vague or overly broad. It discusses a key California Supreme Court case on these issues. In considering gang injunctions, the City of Columbia should be aware of both their potential benefits and limitations.
Juvenile Incarceration and Crime after Releasecontenidos-ort
Evidence from a Harsher Law. Coautores: Néstor Gandelman (Universidad ORT Uruguay) e Ignacio Munyo (Universidad de Montevideo)
La presentación del Dr. Néstor Gandelman se realizó en la XXI Jornadas de Economía del Banco Central del Uruguay el 19 de agosto del 2016. En el estudio se propone una estimación basada en un quasi-experimento natural producido por la ley 19.055.
Se encuentra que el incremento en el tiempo de reclusión de menores infractores está asociado a una menor reincidencia criminal post liberalización.
This document provides an analysis of the effectiveness of gun restrictions in reducing crime rates through a study examining data from U.S. states from 2007-2013 and comparisons to other countries. The analysis finds that while education level highly correlates with lower crime rates, gun restrictions and poverty levels have weaker correlations. It also examines the black market for guns and how this impacts the results of restriction policies. The conclusion is that while gun restrictions may lower crime to a small extent, one's environment and illegal gun access are more influential on crime rates.
Hall Elizabeth Unit Two Written assignmentElizabeth Hall
This document discusses victim typologies in relation to hate crimes. It summarizes five categories of victimization proposed by victimologists Sellin and Wolfgang: 1) primary victimization where a specific victim is targeted, 2) secondary victimization where victims are not the objective, 3) tertiary victimization where the general public is affected, 4) mutual victimization between criminal perpetrators, and 5) no clear victimization. Hate crimes fall under primary victimization, targeting individuals for their race, religion, or other attributes. While polls showed improving race relations after Obama's election, newer polls show declining confidence in Obama's impact on race as media coverage influences public opinion. Criminological data shows hate crime rates have actually
Hall Elizabeth Unit Two Written AssignmentElizabeth Hall
The document discusses victim typologies in relation to hate crimes. It analyzes data from the Uniform Crime Report that shows hate crime rates have actually been decreasing since 1996, despite perceptions influenced by media coverage. The reality is the hate crime rate per 100,000 people was 3.92 in 1996 and had dropped to 2.89 by 2008. However, media portrayals of events and polls can influence public opinion and perceptions of race relations independent of actual crime data trends.
Overcrowding in prisons has become a significant problem in California and across the United States. Harsher criminal penalties, expanding the scope of illegal activities through changes in drug laws, and the war on drugs have all contributed to rising incarceration rates. In California, the prison population has grown to over 219,000 inmates despite the system only being designed to house around 110,000. This overcrowding leads to increased violence and psychological stress for inmates. Housing this many additional prisoners costs California taxpayers over $36 billion per year. The document proposes several solutions to reduce overcrowding such as incarcerating fewer nonviolent drug offenders, increasing rehabilitation programs, and allowing inmates to reduce their sentences through good behavior credits.
This document summarizes a submission from Just Detention International to the United Nations regarding sexual abuse in U.S. detention facilities. It notes that sexual abuse is widespread according to several studies, violating the U.S.'s international obligations. It recommends that the U.S. fully adopt the National Prison Rape Elimination Commission's standards, ratify the Optional Protocol to the Convention Against Torture for external oversight, permit communications under the Convention Against Torture, and amend the Prison Litigation Reform Act. Adopting these recommendations would help address concerns raised by international bodies and improve protection of prisoner human rights.
This document provides an executive summary and recommendations from a project examining principles for prosecuting peace officer use of force cases in the 21st century. It recommends that such cases be reviewed and investigated with respect for human dignity, independent investigation/prosecution decision making, responsible transparency, and procedural fairness/justice. It acknowledges challenges like perceived or real lack of independence when police investigate their own, and the close working relationship between police and prosecutors. The document proposes implementing memorandums of understanding and written protocols to establish roles and govern such investigations according to these principles. Overall it aims to restore trust in the criminal justice system's handling of use of force cases.
Prison overcrowding has become a major issue across the United States, especially in California, New York, and Texas. Tougher crime policies in the 1980s and 1990s, such as California's three-strikes law and New York's broken windows policy, resulted in higher incarceration rates and overwhelmed prison systems. While these policies aimed to reduce crime, skeptics argue they only contributed somewhat and economic prosperity in the 1990s likely reduced crime more. Overcrowding also stems from the privatization of prisons, as private companies lobby for policies that keep prison populations high to boost profits. Overall, decades of tough-on-crime policies have strained prison budgets and left systems in need of reform.
Serial murder investigations are complex due to the crimes crossing multiple jurisdictions. Reactive policing through routine patrols and case investigations is often not enough to catch serial killers, who plan their crimes carefully. Investigations now use proactive approaches including databases to share information between law enforcement agencies. An FBI symposium discussed best practices for serial murder investigations, emphasizing the importance of communication, task force organization, and using analytical tools and behavioral profiling.
This document summarizes a study on early indicators of criminality in Jackson, Mississippi. Quantitative analysis found individuals arrested as adults were more likely to have dropped out of school, been involved in the juvenile justice system, or been chronically absent. Qualitative interviews found those criminally involved had exposure to poverty, violence, and a lack of opportunities. The study aims to identify target groups for intervention to reduce crime.
Mass inceration within the nation (poli-sci final paper) #2Marquise Toppin
This document discusses the link between the War on Drugs and mass incarceration of African Americans in the US. It provides background on the War on Drugs, which began in the 1970s under Nixon and escalated under Reagan. Harsh drug laws and mandatory minimum sentencing led to rapid growth in the prison population, disproportionately impacting African Americans. The document examines sources that show the prison population quadrupling since the 1970s, with drug offenses being a major contributing factor. It argues the War on Drugs was pursued in a way that targeted African American communities through policies that treated crack cocaine much more harshly than powder cocaine.
This document outlines a research proposal to analyze the deportation of non-citizens for criminal behavior from 1997-2007. The objectives are to estimate potential human rights violations and inconsistencies with ICE policy. Secondary data on deportees, prisoners, and detainees will be used to test hypotheses about effects on families, proportionality of punishment, correlation with crime rates, ICE priorities, and impacts of budget changes. The methodology involves applying variables from these datasets to the full population of criminal deportees to generate quantitative estimates and descriptive statistics.
This document provides background information on the organization Families Against Mandatory Minimums (FAMM). It discusses how FAMM was founded in 1991 to advocate against mandatory minimum drug sentencing laws that were stripping judges of discretion and imposing severe punishments. The document outlines FAMM's strategies, which include putting a human face on the issue by sharing personal stories, building diverse coalitions, and mobilizing families affected by these laws to advocate for reform. It also discusses some of FAMM's legislative successes at the federal and state levels in pushing back against mandatory minimums.
This document provides a summary of gang violence in the African American community and recommendations to prevent it. It defines the problem of gang violence and prevalence rates. African American gangs have high rates of violence despite lower membership. Factors that contribute to gang violence include poverty, lack of opportunities, and social disorganization. The document recommends that the mayor implement community outreach programs to reduce poverty and increase social and economic well-being, citing two specific programs as examples: Neighborhood Centers Inc. and Connecticut Association for Human Services. Both work to improve communities and move families out of poverty.
This document provides a summary of two Supreme Court cases - Tennessee v. Garner in 1985 and Graham v. Conner in 1989 - that were pivotal in establishing modern police use-of-force policies. It discusses the background and outcomes of each case. Tennessee v. Garner resulted in restrictions on when lethal force can be used to apprehend suspects. Graham v. Conner established that use-of-force must be judged based on what an officer knew in the moment, not with 20/20 hindsight. These cases helped define appropriate limits on police authority while also protecting officers acting in good faith. They helped rebuild public trust in law enforcement.
This document discusses the issue of lenient treatment of female sex offenders compared to males. It provides statistics showing that the number of female sex offenders is rising in the US and many states. However, conviction and sentencing rates for females remain lower than guidelines. The document examines several state-specific examples of female teachers receiving probation or light sentences for sexual relationships with students, despite sentencing guidelines calling for heavier punishment. The document argues for equal treatment and punishment of female sex offenders in order to protect children and ensure just application of the law.
This document provides information about sexual assault policies and statistics in different states. It begins with an introduction explaining the purpose is to objectively provide information, not make policy suggestions. Section 1 discusses statistics about victims and perpetrators of sexual assault in the US. Section 2 reviews the states with the highest and lowest reported rape rates. Alaska and South Dakota have the highest, while New Jersey and New York have the lowest. Section 3 notes definitions of sexual assault and rape vary by state and provides federal definitions for context.
This document discusses how media coverage of sex crimes has influenced public perceptions and sex offender legislation over time. It notes that media typically focuses on violent stranger crimes, fueling fear, despite research showing most victims know their abusers. This impacts laws passed in panic that research shows do not reduce recidivism and may increase human rights violations. While media still drives fear-based responses, it has begun providing more context on the ineffectiveness of laws and the complex realities of sex offending. However, fear remains a powerful driver of legislation regardless of evidence.
The document discusses three main arguments about criminal law and justice:
1) Criminal sentencing laws like California's Three Strikes law have disproportionately impacted minority communities and have fallen short of their intended goals. These laws often result in extreme sentences that outweigh their effectiveness in reducing crime.
2) Social science research on issues like cross-racial eyewitness identification has helped inform criminal procedure and shed light on how race influences criminal trials.
3) Existing criminal procedure has created burdens for criminal defendants. Aggregation of discretionary decisions in the criminal justice system can lead to racial unfairness if not addressed. More analysis is needed on how race impacts criminal punishment and jurisprudence.
Mandatory minimum sentencing emerged in the 1980s during the "War on Drugs" and led to a dramatic increase in the US prison population. The prison population grew 800% between 1980-2013 due to mandatory minimums for drug offenses, disproportionately impacting minorities. Recent bills like the Smarter Sentencing Act and SAFE Justice Act aim to reform mandatory minimums by increasing judicial discretion and reducing some drug sentence lengths, though opposition remains.
This document analyzes predictors of violent crime rates in the United States using regression analysis. The analysis uses data from 50 states and the District of Columbia across multiple variables related to policy areas like law enforcement, economics, and education. The regression found that the percentage of black population in a state had the strongest correlation with higher violent crime rates. When the District of Columbia was excluded from the model, education levels also showed correlation with lower crime rates. Overall, the analysis suggests further study of gun control, education policy, and demographic factors could help reduce violent crime, but larger predictive models may be needed.
This document discusses the use of gang injunctions by the City of Columbia to reduce gang violence. It reviews research on the effectiveness of gang injunctions, finding mixed results. Studies have shown reductions in crime within safety zones, but also potential increases in surrounding areas. The document also analyzes constitutional issues with gang injunctions, such as claims that provisions limiting association can be vague or overly broad. It discusses a key California Supreme Court case on these issues. In considering gang injunctions, the City of Columbia should be aware of both their potential benefits and limitations.
Juvenile Incarceration and Crime after Releasecontenidos-ort
Evidence from a Harsher Law. Coautores: Néstor Gandelman (Universidad ORT Uruguay) e Ignacio Munyo (Universidad de Montevideo)
La presentación del Dr. Néstor Gandelman se realizó en la XXI Jornadas de Economía del Banco Central del Uruguay el 19 de agosto del 2016. En el estudio se propone una estimación basada en un quasi-experimento natural producido por la ley 19.055.
Se encuentra que el incremento en el tiempo de reclusión de menores infractores está asociado a una menor reincidencia criminal post liberalización.
This document provides an analysis of the effectiveness of gun restrictions in reducing crime rates through a study examining data from U.S. states from 2007-2013 and comparisons to other countries. The analysis finds that while education level highly correlates with lower crime rates, gun restrictions and poverty levels have weaker correlations. It also examines the black market for guns and how this impacts the results of restriction policies. The conclusion is that while gun restrictions may lower crime to a small extent, one's environment and illegal gun access are more influential on crime rates.
Hall Elizabeth Unit Two Written assignmentElizabeth Hall
This document discusses victim typologies in relation to hate crimes. It summarizes five categories of victimization proposed by victimologists Sellin and Wolfgang: 1) primary victimization where a specific victim is targeted, 2) secondary victimization where victims are not the objective, 3) tertiary victimization where the general public is affected, 4) mutual victimization between criminal perpetrators, and 5) no clear victimization. Hate crimes fall under primary victimization, targeting individuals for their race, religion, or other attributes. While polls showed improving race relations after Obama's election, newer polls show declining confidence in Obama's impact on race as media coverage influences public opinion. Criminological data shows hate crime rates have actually
Hall Elizabeth Unit Two Written AssignmentElizabeth Hall
The document discusses victim typologies in relation to hate crimes. It analyzes data from the Uniform Crime Report that shows hate crime rates have actually been decreasing since 1996, despite perceptions influenced by media coverage. The reality is the hate crime rate per 100,000 people was 3.92 in 1996 and had dropped to 2.89 by 2008. However, media portrayals of events and polls can influence public opinion and perceptions of race relations independent of actual crime data trends.
Overcrowding in prisons has become a significant problem in California and across the United States. Harsher criminal penalties, expanding the scope of illegal activities through changes in drug laws, and the war on drugs have all contributed to rising incarceration rates. In California, the prison population has grown to over 219,000 inmates despite the system only being designed to house around 110,000. This overcrowding leads to increased violence and psychological stress for inmates. Housing this many additional prisoners costs California taxpayers over $36 billion per year. The document proposes several solutions to reduce overcrowding such as incarcerating fewer nonviolent drug offenders, increasing rehabilitation programs, and allowing inmates to reduce their sentences through good behavior credits.
This document summarizes a submission from Just Detention International to the United Nations regarding sexual abuse in U.S. detention facilities. It notes that sexual abuse is widespread according to several studies, violating the U.S.'s international obligations. It recommends that the U.S. fully adopt the National Prison Rape Elimination Commission's standards, ratify the Optional Protocol to the Convention Against Torture for external oversight, permit communications under the Convention Against Torture, and amend the Prison Litigation Reform Act. Adopting these recommendations would help address concerns raised by international bodies and improve protection of prisoner human rights.
This document provides an executive summary and recommendations from a project examining principles for prosecuting peace officer use of force cases in the 21st century. It recommends that such cases be reviewed and investigated with respect for human dignity, independent investigation/prosecution decision making, responsible transparency, and procedural fairness/justice. It acknowledges challenges like perceived or real lack of independence when police investigate their own, and the close working relationship between police and prosecutors. The document proposes implementing memorandums of understanding and written protocols to establish roles and govern such investigations according to these principles. Overall it aims to restore trust in the criminal justice system's handling of use of force cases.
Prison overcrowding has become a major issue across the United States, especially in California, New York, and Texas. Tougher crime policies in the 1980s and 1990s, such as California's three-strikes law and New York's broken windows policy, resulted in higher incarceration rates and overwhelmed prison systems. While these policies aimed to reduce crime, skeptics argue they only contributed somewhat and economic prosperity in the 1990s likely reduced crime more. Overcrowding also stems from the privatization of prisons, as private companies lobby for policies that keep prison populations high to boost profits. Overall, decades of tough-on-crime policies have strained prison budgets and left systems in need of reform.
Serial murder investigations are complex due to the crimes crossing multiple jurisdictions. Reactive policing through routine patrols and case investigations is often not enough to catch serial killers, who plan their crimes carefully. Investigations now use proactive approaches including databases to share information between law enforcement agencies. An FBI symposium discussed best practices for serial murder investigations, emphasizing the importance of communication, task force organization, and using analytical tools and behavioral profiling.
This document summarizes a study on early indicators of criminality in Jackson, Mississippi. Quantitative analysis found individuals arrested as adults were more likely to have dropped out of school, been involved in the juvenile justice system, or been chronically absent. Qualitative interviews found those criminally involved had exposure to poverty, violence, and a lack of opportunities. The study aims to identify target groups for intervention to reduce crime.
Mass inceration within the nation (poli-sci final paper) #2Marquise Toppin
This document discusses the link between the War on Drugs and mass incarceration of African Americans in the US. It provides background on the War on Drugs, which began in the 1970s under Nixon and escalated under Reagan. Harsh drug laws and mandatory minimum sentencing led to rapid growth in the prison population, disproportionately impacting African Americans. The document examines sources that show the prison population quadrupling since the 1970s, with drug offenses being a major contributing factor. It argues the War on Drugs was pursued in a way that targeted African American communities through policies that treated crack cocaine much more harshly than powder cocaine.
This document outlines a research proposal to analyze the deportation of non-citizens for criminal behavior from 1997-2007. The objectives are to estimate potential human rights violations and inconsistencies with ICE policy. Secondary data on deportees, prisoners, and detainees will be used to test hypotheses about effects on families, proportionality of punishment, correlation with crime rates, ICE priorities, and impacts of budget changes. The methodology involves applying variables from these datasets to the full population of criminal deportees to generate quantitative estimates and descriptive statistics.
This document provides background information on the organization Families Against Mandatory Minimums (FAMM). It discusses how FAMM was founded in 1991 to advocate against mandatory minimum drug sentencing laws that were stripping judges of discretion and imposing severe punishments. The document outlines FAMM's strategies, which include putting a human face on the issue by sharing personal stories, building diverse coalitions, and mobilizing families affected by these laws to advocate for reform. It also discusses some of FAMM's legislative successes at the federal and state levels in pushing back against mandatory minimums.
This document provides a summary of gang violence in the African American community and recommendations to prevent it. It defines the problem of gang violence and prevalence rates. African American gangs have high rates of violence despite lower membership. Factors that contribute to gang violence include poverty, lack of opportunities, and social disorganization. The document recommends that the mayor implement community outreach programs to reduce poverty and increase social and economic well-being, citing two specific programs as examples: Neighborhood Centers Inc. and Connecticut Association for Human Services. Both work to improve communities and move families out of poverty.
This document provides a summary of two Supreme Court cases - Tennessee v. Garner in 1985 and Graham v. Conner in 1989 - that were pivotal in establishing modern police use-of-force policies. It discusses the background and outcomes of each case. Tennessee v. Garner resulted in restrictions on when lethal force can be used to apprehend suspects. Graham v. Conner established that use-of-force must be judged based on what an officer knew in the moment, not with 20/20 hindsight. These cases helped define appropriate limits on police authority while also protecting officers acting in good faith. They helped rebuild public trust in law enforcement.
This document discusses the issue of lenient treatment of female sex offenders compared to males. It provides statistics showing that the number of female sex offenders is rising in the US and many states. However, conviction and sentencing rates for females remain lower than guidelines. The document examines several state-specific examples of female teachers receiving probation or light sentences for sexual relationships with students, despite sentencing guidelines calling for heavier punishment. The document argues for equal treatment and punishment of female sex offenders in order to protect children and ensure just application of the law.
This document provides information about sexual assault policies and statistics in different states. It begins with an introduction explaining the purpose is to objectively provide information, not make policy suggestions. Section 1 discusses statistics about victims and perpetrators of sexual assault in the US. Section 2 reviews the states with the highest and lowest reported rape rates. Alaska and South Dakota have the highest, while New Jersey and New York have the lowest. Section 3 notes definitions of sexual assault and rape vary by state and provides federal definitions for context.
This document discusses how media coverage of sex crimes has influenced public perceptions and sex offender legislation over time. It notes that media typically focuses on violent stranger crimes, fueling fear, despite research showing most victims know their abusers. This impacts laws passed in panic that research shows do not reduce recidivism and may increase human rights violations. While media still drives fear-based responses, it has begun providing more context on the ineffectiveness of laws and the complex realities of sex offending. However, fear remains a powerful driver of legislation regardless of evidence.
The document discusses three main arguments about criminal law and justice:
1) Criminal sentencing laws like California's Three Strikes law have disproportionately impacted minority communities and have fallen short of their intended goals. These laws often result in extreme sentences that outweigh their effectiveness in reducing crime.
2) Social science research on issues like cross-racial eyewitness identification has helped inform criminal procedure and shed light on how race influences criminal trials.
3) Existing criminal procedure has created burdens for criminal defendants. Aggregation of discretionary decisions in the criminal justice system can lead to racial unfairness if not addressed. More analysis is needed on how race impacts criminal punishment and jurisprudence.
Mandatory minimum sentencing emerged in the 1980s during the "War on Drugs" and led to a dramatic increase in the US prison population. The prison population grew 800% between 1980-2013 due to mandatory minimums for drug offenses, disproportionately impacting minorities. Recent bills like the Smarter Sentencing Act and SAFE Justice Act aim to reform mandatory minimums by increasing judicial discretion and reducing some drug sentence lengths, though opposition remains.
This document analyzes predictors of violent crime rates in the United States using regression analysis. The analysis uses data from 50 states and the District of Columbia across multiple variables related to policy areas like law enforcement, economics, and education. The regression found that the percentage of black population in a state had the strongest correlation with higher violent crime rates. When the District of Columbia was excluded from the model, education levels also showed correlation with lower crime rates. Overall, the analysis suggests further study of gun control, education policy, and demographic factors could help reduce violent crime, but larger predictive models may be needed.
This presentation explores whether SORNA laws are making us safer, 2) examines the negative effects on sex offenders, family and friends, and 3) takes a cursory look at the constitutionality of the laws.
httpyvj.sagepub.comYouth Violence and Juvenile Justice .docxwellesleyterresa
This document discusses research on the effects of laws allowing juveniles to be tried as adults. It finds that such transfer laws have unclear deterrent effects on juvenile crime. While some studies found no deterrent impact, others detected moderate declines in juvenile violence rates when transfer was easier. The research also indicates that criminal prosecution and adult incarceration of juveniles may not enhance public safety over the long run and may hinder juvenile rehabilitation and reintegration into society.
Running head INEFFECTIVENESS OF THE CAPITAL PUNISHMENT SYSTEM1.docxcowinhelen
Running head: INEFFECTIVENESS OF THE CAPITAL PUNISHMENT SYSTEM 1
INEFFECTIVENESS OF CAPITAL PUNISHMENT SYSTEM 8
Ineffectiveness of the Capital Punishment System
Name
Introduction
Capital punishment is one of the major social issues affecting the sustenance of peace, democracy and mutual coexistence in the United States. Capital punishment is sometimes referred to as the death penalty and is largely recognized as a lawful sentence in 31 out of 50 states found in the United States. The Eighth Amendment constrains the application to disturbed killings submitted by rationally capable grown-ups. Historical analysis reveal that this mode of punishment began officially in 1776 after being authorized for identical law offences in the greater part of the American provinces preceding the country’s independence. This paper seeks to establish the ineffectiveness of the entire system and conclude by providing alternative solutions.
Problem Statement
According to Melusky and Pesto (2011), capital punishment in America is a broken procedure existing as a major social challenge. Currently, many opponents have risen to criticize and champion for the abolishment of the capital punishment due to its alleged ineffectiveness. These forms of punishments are anticipated not by the grievousness of the wrongdoing but rather by the low quality of the safeguard legal advisors, the race of the blamed or the casualty, and the district and state in which the wrongdoing happened.
On numerous occasions, research has shown that the criminal equity framework neglects to secure the poor and persons with genuine mental inabilities and ailments from execution (Melusky & Pesto, 2011). Indeed, even the organization of executions is totally defective: Every strategy for execution accompanies a heinously high danger of great agony and torment. Today, open backing for capital punishment is falling; the quantities of new capital punishments and executions are both quickly diminishing, it perhaps communicates the message that the time is ripe for America to end this fizzled test. It is, therefore, imperative to discuss the ineffective of capital punishment as a social issue in the United States.
Current Statistical Overview
Previous statistics reveal that thirty-five prisoners were executed last year in the U.S., and over 3,000 were on a death row. From 1976 to 2015, 1,392 executions happened in the United States, and 995 of them occurred in the South. Nonetheless, this deadly infusion has been the most widely recognized technique since the late 1970s. Thirty-four states have had executions since the death penalty was restored in 1976. Some of the states that took a lead role in the implementation of this awful law included Oklahoma, Ohio, Missouri, Texas, Arizona, Florida, Georgia and Virginia. Additionally, these states were accused to have executed the law with relative recurrence. However, Texas and Oklahoma led the charge, with the most executions, and the m ...
After reading Chapter 3 of the Mosher textbook, An Arresting Expe.docxdaniahendric
After reading Chapter 3 of the Mosher textbook, "An Arresting Experiment: Domestic Violence Victim and Perceptions" by Miller, and "Controlling a Jail Population by Partially Closing the Front Door" by Baumer and Adams, discuss the following prompts:
· How Important is it to use official crime data?
· What are some issues with using official crime data?
· What public policy changes could be made by relying upon the 2 articles?
According to the assigned textbook, official crime data within the criminal justice systems is those that derive from the normal function therein and official counts of crime data include that of police reports of offences and arrests, chargers filed by prosecutors, criminal complaints and indictments, imprisonment data and prison releases (Mosher, Miethe, & Hart, 2011). Official crime data such as the Uniform Crime Reports (UCR) in which gathers data for agencies such as the FBI is extremely important because it complies data from different sources to be used by many different law enforcement agencies. It can be used to analyze different trends in crimes. Having all data complied can not only help law enforcement with research, it also saves time when needing time sensitive information and it helps with budget due to not having to use different resources to gather information.
Just like any other source and technology, official crime data systems are not perfect and have been criticized for underestimation of less serious crimes (Steiner & Wooldredge, 2014). Some research argues that self-reporting data is more accurate than official crime data (Steiner & Wooldredge, 2014). Regardless of some criticism, official crime data does provide helpful information to agencies such as where crimes can be increasing, decreasing and what steps to take and programs to implement in order to see what is working for the community. Official crime data can also be used to understand what changes need to be made to current policies. Society and communities are always changing and having a resource such as official crime data can help policy makes understand what in current policies are working for the community and what changes in policies and programs need to be made in order to better serve the community.
Being able to do research will allow policy makers within the criminal justice system to better understanding where there could be any gaps and discrepancies that may exist within the system and help come up with ways to improve that system. Both articles, "An Arresting Experiment: Domestic Violence Victim and Perceptions" by Miller, and "Controlling a Jail Population by Partially Closing the Front Door" by Baumer and Adams discusses research conducted and its limitations. It is very important to understand the limitations that a study have in order to be able to duplicate the study with better outcomes and results. Both studies showed that there was a changes in criminal behavior when it resulted in immediate arrest, however, th ...
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Learning Objectives
• Review the ideological and financial obstacles to criminal justice system reform.
• Analyze the disconnect between popular assumptions and scientific evidence about crime.
• Analyze evidence-driven crime-control strategies in contemporary America.
• Understand options to reform to the criminal justice system in contemporary America.
• Contrast retributivism and restorative justice as guiding principles for criminal justice.
• Articulate the critical role of interdisciplinary approaches to criminal justice system reform.
Reducing Crime and Reforming
the Criminal Justice System
10
coL82305_10_c10_307-338.indd 307 7/5/13 4:23 PM
Section 10.1 The Challenge of the Status Quo CHAPTER 10
In August of 2010, after serving nearly 10 years in prison for two bank robberies, Lance
Brown walked out of a North Carolina prison a free man. Since his release he has been
struggling with poverty and homelessness and was forced out of a homeless shelter for
fighting with another patron. In April of 2012, Brown approached his parole officer and
asked what he needed to do to get put back in prison! His parole officer referred him to
a series of agencies and support services that Brown did not pursue. Instead, he walked
into the local courthouse in Columbus Georgia and threatened to kill the president of the
United States. However, officers did not believe that Brown’s threats were credible and
thus there were no consequences. Apparently frustrated, Brown exited the courthouse
and promptly threw a brick through the glass front door of the courthouse. Brown was
held in jail for 9 months awaiting trial. At trial he was sentenced to 1 month in jail and
3 years probation for malicious mischief. In court, Brown noted that his behavior would
result in shelter in a facility in which at least, “someone’s going to offer me a sandwich
and drink” (Associated Press, 2012, p. 1).
Many experts believe that the problem of crime in America is grounded in larger issues
of social structural marginality. Thus, issues like the economy, poverty, health care, and
education may be central in an encompassing crime-control strategy.
10.1 The Challenge of the Status Quo
One of the paramount challenges in criminology is developing systematic, evidence-driven and practical public policies to address the crime problem. However, pub-lic policy does not exist in a vacuum; developing, implementing, and evaluating
cost-effective and pragmatic crime-control policies is only part of the challenge. Many
experts highlight that changes in criminal justice policy include a series of obstacles. There
are ideological barriers to change given America’s historic support of “tough on crime”
policies. There are individuals and industries that benefit from the criminal justice system
in its existing form. And individuals and groups reap massive profits from committing
crime in America an ...
This document discusses proposals in Congress to reform mandatory minimum sentencing for non-violent drug crimes. It analyzes bills introduced since 2010 that aim to reduce mandatory minimums and the motivations of their sponsors. It finds that sponsors tend to come from states that spend the most on corrections and that Democrats are generally more supportive than Republicans. States with high incarceration costs saw more representatives back reform in order to lower prison populations and reduce fiscal burdens. The bipartisan support suggests representatives are motivated by both moral and budgetary concerns around mass incarceration.
The document provides an overview of the criminal justice systems in the United States and Italy, highlighting some key differences. In the US, the system is based on common law and includes federal and state law enforcement agencies. Issues discussed include racial disparities, mandatory minimum sentencing, and cases of police brutality and corruption undermining public trust. Italy's system is based on Roman civil law and includes multiple national police forces overseen by the Ministry of Interior. Major figures who influenced the development of each system are also mentioned.
ABC Non-Profit Inc.1234 Station Rd.City, ST 01234Country.docxransayo
ABC Non-Profit Inc.
1234 Station Rd.
City, ST 01234
Country
Profile
Prepared By: (name)
As a researcher, explain why we study international juvenile justice and/or youth violence (at least one paragraph).
Country#1:
Overview[footnoteRef:1]: [1: You are encouraged to use https://www.cia.gov/library/publications/the-world-factbook/ ]
(This could include information about the geography, people, energy, communications, transportation, etc. Citations and references are not appropriate here. Instead, the information should be in your own words. This section should be at least two paragraphs.)
Summary:
(This should be a summary of the juvenile justice or youth violence as identified in the lesson notes and readings. Citations and references are not appropriate here. Instead, the information should be in your own words. This section should be at least one paragraph.)
ABC Non-Profit Inc.
1234 Station Rd.
City, ST 01234
Country
Profile
Prepared By: (name)
Country #2:
Overview[footnoteRef:2]: [2: You are encouraged to use https://www.cia.gov/library/publications/the-world-factbook/ ]
(This could include information about the geography, people, energy, communications, transportation, etc. Citations and references are not appropriate here. Instead, the information should be in your own words. This section should be at least two paragraphs.)
Summary:
(This should be a summary of the juvenile justice or youth violence as identified in the lesson notes and readings. Citations and references are not appropriate here. Instead, the information should be in your own words. This section should be at least one paragraph.)
Country Profile, ABC Non-Profit Inc. 1 | Page
Unit VII: International Juvenile Justice Systems in Comparison to the United States
Introduction
In this unit, you will learn and analyze the importance of understanding how other countries from around the world face the challenges of juvenile delinquency, prevention, and trends.
(Greyerbaby, 2014)
Introduction
Each country has particular challenges when attempting to deter and prevent juvenile delinquency.
In this unit, we will discuss common international trends facing many countries.
You will also become familiar with the differences and similarities of key juvenile justice systems.
The Beijing Rules
Let’s being this unit by examining the Beijing Rules.
By examining these rules, you will have an example and a broader knowledge and/or understanding on how juveniles are treated in comparison to the United States.
(Peggy_Marco, 2006)
The Beijing Rules
It is important to note throughout world history that not every country perceived the humane treatment of prisoners as an important element of their juvenile justice system.
The definition of what is considered humane treatment is often left up solely to the government of each count.
Comprehensive Learning Assessment 2 - Primary Source Analysis Paper
Primary Source Analysis Paper
For this assignment, you will be taking a closer look at an international relations topic that intrigues you.
1. Choose a topic that interests you (historical or contemporary). Some ideas include the atomic bombing of Hiroshima and Nagasaki, the Munich Pact, the fall of the Berlin Wall, India and Pakistan joining of the Nuclear Club, the Cuban Missile Crisis, and the Russian invasion of Crimea. If you need your professor to review your choice, send it to them at the beginning of Week 7. They will need time to respond to you, and you will need time to submit this CLA.
2. Then select a primary source on the topic you chose, specifically, a speech from a political leader (Review Understanding Primary and Secondary Sources and Analyzing a Primary Source before you begin searching for a primary source).
Search Tips:
The National Security Archive: http://www2.gwu.edu/~nsarchiv/
Internet Modern History Sourcebook: http://www.fordham.edu/Halsall/mod/modsbook.asp.
George Mason’s Center for History and New Media: http://chnm.gmu.edu/teaching-and-learning/.
Note: When sifting through sources, ask yourself how a realist, liberal, or constructivist would interpret this primary source. Then, select a perspective through which to view the primary source. Then, using the CLA guidelines detailed in this syllabus, include the following in a three- to four-page written essay:
Briefly describe your source:
1. Include contextual information about the source.
2. What does the reader need to understand about the context (and history) in which this source was made in order to understand your analysis of the source?
3. Include the information the reader needs to understand the source, but do not include unrelated information.
Make a statement:
1. This should be at the end of your introductory paragraph or directly following the introduction.
2. Make an argument from a particular perspective (realist, liberalist, constructivist)
Example:
· Although realists would disagree with A about B, this primary source perfectly illustrates three of realism’s primary assumptions X, Y, and Z.
· Despite President X’s call for a more globalized and peaceful world order in source B, her overall foreign policy view is decidedly constructivist as seen in source A.
· Throughout this film, the main character’s primary motivations stem from a constructivist understanding of the world as seen in XYZ.
Analyze the primary source:
1. Elaborate on your statement above. This is the main part of the paper and the length of this section should reflect this. Use references as needed. As you analyze the source, ensure that you answer the following: How would theorist X view this source? How does the language in this source reflect/contradict this theory? If you are comparing primary sources, what theoretical views are expressed in these sources? The same? Different? What accounts for this differ ...
Get your quality homework help now and stand out.Our professional writers are committed to excellence. We have trained the best scholars in different fields of study.Contact us now at premiumessays.net and place your order at affordable price done within set deadlines.We always have someone online ready to answer all your queries and take your requests.
The document discusses the crime rate in Los Angeles and how it has fallen for the 10th straight year, making LA the safest big city in America. Violent crime decreased by 8.3% and murders remained low, with just 298 murders in 2012 compared to 1,092 murders 20 years ago. The decrease is attributed to innovative policing strategies focused on dismantling gangs, which were a major factor in LA's high crime rates in previous decades but have decreased significantly due to these policing efforts.
MY DISCUSSIONPUBLISHEDWK4 DISCUSSION CA499 Top of Form.docxgilpinleeanna
MY DISCUSSION
PUBLISHED
WK4 DISCUSSION CA499
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Total views: 13 (Your views: 2)
Purpose of Project
The purpose of this project is to utilize concepts from the two disciplines used in the project to develop approaches with which to solve the problem of gun control. There is no doubt that gun control issues revolve around aspects of criminal justice and government. This makes an interweave of these two disciplines in the provision of a solution to the problem the best approach to exploring its impact and using research knowledge to establish a solution. Criminal justice deals with how institutions like the police and court system work in coordination to effect social control by preventing crime and remedying criminals (Spitzer, 2015). On the other hand, the study of government dwells in the policy development process and presents a structural framework of how policy implementation influences social change. This means that both approaches are uniquely required in providing solutions for consequences of gun violence and gun ownership as well as laying the policy foundation that will inhibit the perpetration of violent crime and thus settle the gun control debate.
Walt Pierce
PUBLISHED
RE: WK4 DISCUSSION CA499
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Total views: 4 (Your views: 1)
Gregory, this is a very good topic. The fight for gun control is a tough one. What surprises me about gun control is who commits the most crimes with guns; gun owners or non-gun owners? That will be an interesting study to see once you get all of your numbers together. This looks very interesting and I look forward to seeing the development of this topic.
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Freddie Bardley
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Gun control, Gregory this will forever be a topic for generations to come. Some say that it's their right to bear arms. Where there are others, who just simply think that many innocent lives are daily being taken.
There are countries who gun laws are very strict to the point that not even the police walks around with one. However, there are cities like New York who have strict gun laws, but the crime rate is extremely high with gun violence.
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Reference
Spitzer, R. J. (2015). Politics of gun control. Routledge.
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Feedback to Learner10/19/17 2:18 PM
Greg, you are RIGHT on task here with what you need to produce. Since this is the first draft, do continue to dig deeper into the issues. Also, produce more references, especially to support your second-to-the-last paragraph related to the Second Amendment and the law supporting both sides of the issue. What an interesting point.
Gun Control: A Focus on Criminal Justice and Government
Gun Control: A Focus on Criminal Justice and Government
Debates on gun control have been the epitome of political contention for quite some time.
Every group ...
· What Did Robert Merton Know, AnywayChapter 12 discussed Polic.docxoswald1horne84988
This document provides an overview of policing and crime prevention strategies, with a focus on the role of community involvement. It discusses the history of considering crime prevention an important police function dating back to Sir Robert Peel. National commissions in the US brought attention to the importance of community crime prevention programs in the 1970s. Techniques discussed include defensible space, crime prevention through environmental design, and situational crime prevention. The document also discusses how community crime prevention fits with the concept of community policing.
· What Did Robert Merton Know, AnywayChapter 12 discussed Polic.docx
Dissi Done
1. 1
‘Assessing Media and Criminal Justice System Responses to Child Sex Offending in the UK and
USA’
Word Count – 10,376
Student: Jessica O’Callaghan N3125938
Supervisor: Nathan Stephens Griffin
Criminology
Research Project
Teesside University
2. 2
Acknowledgements
This is a means of expressing thanks to my supervisor Nathan for his support and feedback,
and prior to Nathan, the help and advice of Dr Evi Boukli was invaluable.
3. 3
Contents Page:
Abstract – Page 4
Introduction- Page 5
Background “Megan’s Law” - Page 6
Background “Sarah’s Law” – Page 8
Literature Review – Page 10
Data Chapter 1 “Howhas the Mediainfluencedthe publicopinion,andconsequently legislation,
of sex offenders within the UK and the US?” - Page 14
Data Chapter 2 “How is the CJS both protecting and hindering Victims?” – Page 17
Data Chapter 3 “How effective is the Sex Offender Registration Scheme in terms of recidivism
rates?” – Page 20
Data Chapter 4 “Future Developments and Discussion" – Page 22
Bibliography- Page 25
Appendix – “CV” Page 31
4. 4
Abstract
The aim of this dissertation, which is based upon secondary research rather than primary, is to
look at how both the media, and the Criminal Justice System (CJS), respond to child sex
offending within the United Kingdom (UK) and The United States of America (USA). This will be
done by analysing journals, books and websites. In particular, to look at how the CJS has
responded to the crime, it is important to look at any legislative changes that have occurred.
This research project will use the legislative changes that occurred after the murder of Megan
Kanka (U.S) and Sarah Payne (U.K) as a basis, as it could be suggested that these are two of the
murder enquiries that both the media and the CJS were involved in. This is discussed in the
background chapter, followed by a literature review which will critically review some of the
most relevant pieces of literature in this area. This is followed by a discussion of the part the
media has played in both sex offending reporting as well as theories such as moral panic. The
next chapter will argue that the CJS is hindering the victims of sex offences rather than
protecting. Throughout this dissertation, the sex offender registry and how its information is
accessed in both countries will be questioned, and the effectiveness will be based mainly on
the recidivism rates. The discussion and conclusion chapter segment will provide suggestions
for future changes, particularly in relation to the sex offender legislation currently in place in
both countries.
5. 5
Introduction
As this is a comparative study, it is important to look at previous work conducted in both the
United Kingdom and The United States, before and after the introduction of the Sex Offender
Registry. It will then discuss how the media and the Criminal Justice System have responded to
child sex offending. I have chosen to complete this study as I feel it is a very current topic that
within the last five years has been at the forefront of the Media in the U.K on numerous
occasions. As I wanted to look at the effectiveness of how the registry works in both countries,
literaturebasedresearchseemed the most appropriateoption asa posed to an empirical piece
of work. It is vital to compare the two countries versions of this legislation as Megan’s Law
provided the basis for Sarah’s Law, and as both countries have some of the highest
incarceration rates in the world, it seemed an appropriate comparison.
Throughout this study there will be various key terms that will be repeated frequently, one of
the terms used will be effectiveness, within this context it will be defined by statistics.
According to Gotfredson and Gotfredson 2013, “measures of effectiveness may differ” (p10)
which is very appropriate to this definition. It will be discussed in detail later, but one reason
for Sex Offender Notification Scheme was to prevent reoffending, therefore to be effective it
must be reaching itsgoal. Another Key termused will be victim,someone who has experienced
hurt or loss due to a criminal act (Marsh et al 2011). However, secondary victimisation can be
classified as “inadequate, insensitive or inappropriate responses to and treatment of victims”
(Adler and Gray 2010 p81). In relation to sex offences, the first victim is not always the only
victim, so this must be taken into account by the Criminal justice System and punished
accordingly.
To beginwith, itis importantto define “Megan’sLaw” and“Sarah’sLaw” and discuss why these
changes to legislation occurred. This will be discussed in the Background chapter, with one
focusing on America and the other, United Kingdom. The literaturereviewwill criticallyanalyse
pieces of previous work that will help answer the main research question, alongside the sub
questions. The topics the data chapters will cover are; media, this will look at how the media
influences legislation, victimisation, analysing how the Criminal Justice System (CJS) has
become more victim centred, and the effectiveness. This chapter will attempt to answer the
question of “How effective is the sex offender registration scheme offered in both United
Kingdom and the United States”, this will be completed by using statistics from both countries.
To conclude, future possible developments will be discussed, for both the sex offender
registration scheme and lowering sex offender’s recidivism as a whole.
6. 6
Background – Megan’s Law
This chapter will provide a background into the economic and political climate affecting the
criminal justice system in America, prior to the introduction of the sex offender legislation
issued after 1997. It will discuss the aims of punishment which were at the forefront of the
criminal justicesystemduring this time,in order to provide a fair representationof the changes
that occurred after the introduction of sex offender register. Following on from this, it will
expand and explain the introduction of Megan’s Law with a discussion analysing the Media’s
viewpoint.
“Theconstitution of the United States” is the sole basis of the Americancriminaljusticesystem,
and changes overtime dependant on the moral beliefs and requirements of that generation,
usually based around the political party in power. (Folk 2010) With over 2 million of their
population imprisoned, USA has grown a reputation for its mass imprisonment with a focus on
harsher punishments. (Gottschalk 2006) This could suggest that the main aim of the criminal
justice system was incarceration, with a focus on the offender rather than the victim. At the
time of the first official, national, sex offender registration was introduced, Bill Clinton was in
power leading the Democratic Party. His most recognisablecontribution to the criminal justice
system during his presidential time is that of the Federal violent crime control and law
enforcement Act of 1994. Within this, is the “Jacob Wetterling crimes against children and
sexually violent offender Act.” This piece of legislation was later amended to include the
subsection of Megan’s Law.
After 1997 in America, “Megan’s Law” was introduced, which resulted in the details of all
registered sex offenders in America being sent into the public domain. This alteration to sex
offender legislation was sparked by the murder of Megan Kanka in 1994, by her neighbour,
who also had a history of previous related offences. Jesse Timmendequas was issued to life in
prison following the abolishment of the death penalty in New Jersey whilst on death row (Clear
and Frost 2015 p95). Following Megan’s murder, in 1997, assembly man Paul Kramer noted a
change was needed in the supervision of sex offender. Therefore changes to legislation were
passed that meant that not only was the details of sex offenders givento lawenforcement, but
also available to the public in all states, rather than just the five it had been implemented in
previous. “While all states have, under the threat of substantial federal funding, enacted a
version of Megan’s Law, the laws across states vary quite substantially” (Clear and Frost 2015
p95) Megan’s law is part of the Adam Walsh Child Protection and safety Act of 2006, in which
it is determined which details must be published regarding the location of those on the
register. “This is the most comprehensive and far reaching set of sex offender laws the nation
has ever passed”. (Wright 2014 p93).
This crime has to be considered one of the most newsworthy in America, not only at the time
of the event, but also in 1997 when the term “Megan’s Law” was introduced. Currently, just
after the 20th anniversary of Megan’s murder, there are several news articles reporting on the
murder,in particular ifanyother similar casesarereported.Withthe New YorkTimesreporting
with every development at the time of the Murder, then the trial, it can only be assumed that
7. 7
all of the American Newspapers followed the same protocol. The newspaper used as an
example of this will be the New York Times. Tabloid newspapers are known to cause report on
high profilecasesby using a sensationalistapproach (Biagi 2006),however, when reporting the
murder of seven year old Megan, it took a very solemn approach due to the circumstances.
Newspapers tend to categorize people into either that of victim or offender (Reiner 2002), and
from the beginning, it was obvious as to which Megan was, this is reiterated by newspapers by
the terms used to describe her killer. E.g. Monster” (Scharpio 2014) It informed the public of
all developments, from when her rapist was captured, to the vigil held in her memory. The vigil
recorded by New York Times, was not only in her memory, but also to show support of the
introduction of Megan’s Law. Despite the criticisms of newspapers, without the support of
them, the campaign to get Megan’s Law into statue would have proved far more difficult as
the newspapers encouraged the amendment to the legislation, and provided a way for her
parents to appeal for support. (Hobbs and Hammerton 2014)
To conclude, Megan’s Law was the basis for Sarah’s Law within the UK, and is constantly being
scrutinised as to if it is the most effective way of notifying the vulnerable of sex offenders living
in their area.
8. 8
Background- Sarah’s Law
This chapter will give a brief overview of the murder that resulted in the introduction of
Megan’s Law, whilst discussing the political climate at the time of the offence. In western
contemporary cultures, although crime itself is transient so constantly evolving, it could be
suggested that the most dangerous category of offender is those deemed a paedophile. Not
only is this due to the heinous nature of the crimes committed by these individuals, but that
the primary victim of the crime is predominantly, as sensationalised by media, an innocent
child. Thus calling into question the punishments given to the offender, and if they can ever be
released into the community safely without the risk of reoffending.
As discussed previously, the sex offender register in both the United Kingdom and America, is
legislation is used to track those who have committed such crimes
However, in 2000 this information was not available to the general public in 2000 when Sarah
Payne was abducted in West Sussex whilst visiting grandparents. Sarah’s killer was a local man
named Roy Whiting, who had previously served less than half of a given jail sentence for
abduction and indecent assault on a child. (Cousin 2013) Whiting was one of the first people
to be placed on the sex offenders register in the UK and when questioned, his psychiatrist said
of Whiting “He is at a high risk of reoffending” (The Telegraph 2003). This was proven to be
true in the July of 2000 when Sarah’s body was found almost two weeks after her
disappearance and based on forensic evidence, Whiting was sentenced to life imprisonment.
Information regarding Whiting’s previous offences were not released until after the trial, to
avoid any chance of an appeal against the sentence. However, once this information was
released to the public, a huge controversy began as to whether the names and details on the
sex offenders register should be open for all. The realisation that Sarah had been killed by a
sex offender supported the “Sarah’s Law Campaign” that had already been set up by Sarah’s
parents and the News of the World newspaper. Sara Payne, the deceased’s mother, claimed if
this had been the case then her daughter would still be alive as extra protection would have
been put in place. This began the fight for “Sarah’s Law.” (Colbran 2014)
From 1997, the United Kingdom had a labour government who claimed to be “tough on crime,
tough on the causes of crime” (Solomon et al 2007), and without their ten year reign until
2007, the crime rate did decrease, albeit so did the budget available for the CJS due to the
party’s excessive spending (Solomon et al 2007). From 1997, Labour promised to tackle the
high reoffending figures,yet this was not done which calledinto question asto ifthe taxpayers
money was invested well. At the time of Sarah’s murder, Tony Blair was the Prime Minister in
the United Kingdom, and his support for their campaign was requested directly by the
deceased parents. However, former Home Secretary Michael Howard was quoted saying that
when SOR was first introduced in 1997, it was discussed in-depth as to if it should be made
public. The decision was made not to give the public access to records through fear of vigilante
attacks, and result in offenders not complying with registration requirements. (BBC NEWS
2000).
9. 9
This will later be discussed in further detail in the next chapters, as vigilante justice is a theme
that reoccurs throughout.
As stated previously, Adam Walsh’s abduction and murder was the first of Megan Kanka and
Sarah Payne, yet the last piece of legislation to be passed by federal Statute. His murder in
1981, was almost ten years prior to that of Jacob Wetterling, who the initial “Crimes against
Children and sexually violent offender registration act” was named after. Megan’s Law was an
amendment to this with the UK following suit after Sarah’smurder. Since then, there has been
many amendments to the legislation to attempt to provide absolute protection to children,
and prevent any such crimes reoccurring. The Law differs state by state, however, the United
Kingdom has Sarah’s Law in place in England and Wales.
In conclusion, both Megan’s Law and Sarah’s Law are amendments made to current child
protection legislationwhichcameinto the public domain through the backing of variousmedia
sources that backed both campaigns. The literature review will discuss this in further detail,
with a focus on how media can affect legislative changes, and both the positive and negative
effects this can have on the CJS.
10. 10
Literature Review
This literature review will discuss pieces of work that are considered appropriate consider the
CJS and the Media’s response to sex offending, alongside a way to help analyse the
effectiveness of sex offender legislation in both a UK and US based context. The sources will
be critically analysed then further developed in the later chapters. The first source used has a
similar aim to my own research, yet has a main focus on Megan’s Law, and views Sarah’s Law
as an alternative method. The next main source is based around Media and its influence on
legislation, which is relevant to the research question as it is the basis behind both legislations
discussed. This will be developed in the media data chapter by discussing both the negative
and positive impacts the media may have. The final bulletin that is discussed in detail in this
review is that of the statistics of sex offending in England and Wales. This is a form of statistics
that will directly help answer the effectiveness aspect of the research question.
Thereare manysources availablethathavealready discussed the effectiveness of sex offender
registration, whether it be direct or indirectly. However, I feel the first piece of published
literature that can help answer the research question are Meghann Dugan’s “A Comparative
analysis of public notification statutes in the United States and England”. In this Journal article
the author critiques both Laws, giving suggestions as to how Megan’s Law could be improved.
As an indirect comparison to my own research question, this article discusses how the
American sex offender registration Law could benefit more from mirroring Sarah’s Law.
However, one main critique of this article is that it was published just as Sarah’s Law was
created in 2001, meaning that it cannot offer a true comparison between the two acts. (Geer-
Farley 2008, Griffin and Black 2010). The author’s statistics in the article can be confirmed by
official numbers released by government officials in both countries, and as it is a Law journal
available on the database Hein online which is a reliable source.
The article begins by discussing both laws, and explaining why they are used, giving the
definition “1) to allow members of the public to better protect themselves from criminals who
are likely to commit another crime; and 2) to discourage sex offenders from repeating their
crimes.” (Dugan 2001 p618). It then begins to criticise the public notification technique as it
relates to the vigilante tactics used in some American states. However, this is not un-similar to
England, as when News of The World published details of registered paedophiles the same
tactics emerged (Ellis and Savage 2012, Kemshall 2003, Pratt and Erickson 2014). As noted in
the document, both countries share the similar values relating to privacy, which has resulted
in people opposing Megan’s Law. (Also see Shwartz and Cellini 1995, Bloss 2009, Seth 2013)
Criticisms of the Law have included the following constitutional challenges; procedural due
process, right to privacy, equal protection, habeas corpus, double jeopardy and the right to
travel. The main complaint of those opposing the Law, is that there is no proof that public
notification is proven to reduce offending (Thomas 2012, Adkins,Huff and Stageberg 2000;
Letourneau and Armstrong 2008), with sex offenders less likely to comply due to harassment,
and, worryingly, more likely to kill their victims to hide evidence. (Alarid 2014) Another point
risen by this article is that the abuse cases within families, which has a percentage of around
30% (SMART) would not be affected by the notification process. This law does not provide any
form of rehabilitation and simply results in offenders skipping town causing more of a threat
11. 11
to bystanders. All of these criticisms were taken into account when discussing the issue of
public notification with Sarah’s Law, and as the legislation differs from state to state, New York
has a different tactic. The three tier ranking system is based on the risk factors the offender
provides. This allows those who are deemed not likely to reoffend, to live a life without fear of
vigilantes taking justice into their own hands. (Siegel 2012; Criminal Justice.NY)
One of the main points raised by Dugann is that of how sex offenders are classified differently
to other violent offenders, raising the question is Megan’s Law related to public safety or is it
simply that public opinion can form changes in legislation. Sex offenders should not be viewed
any differently than other violent offenders (American Psychiatric Pub 1999; Goodwin 1980),
yet murders don’t have these laws placed upon them once they are released from prison. The
punishment itself is prison, yet the notification laws act as a secondary punishment for sex
offenders which could be viewed as “cruel and unusual punishment” (Eight amendment of the
US Constitution). It must be noted that if an offence is committed prior to the act coming into
practice, the offender would not be listed. The conclusion of the article is that England have
found a balance, protection of both the public and the offender. A resounding conclusion from
both countries is that more needs to be done to rehabilitate sex offenders, with statistics
showing that sex offenders are no more likely to reoffend than other offenders. (Kemshall
2004; James et al 2008) This is supported by the document entitled “Transforming
rehabilitation” from 2013 published by Ministry of Justice which states “Compared with other
groups of offenders, sexual offenders have relatively low recidivism rates over 2–5 years”
(Pp23). These statistics are government produced, which although can be criticised, have the
highest validity in terms of the source.
As a final point, the article discuses types of offenders and the individual therapy they need. It
includes suggestions of halfway houses and castration, both chemical and physical. Dugann
claims Megan’s law does not accomplish its goal, and the full effect of Megan’s Law cannot be
seen yet. “Whether or not the U.S courts agree with the arguments against public notification,
they should always remember that it is the government’s responsibility, not its citizens to
punishment.” (Duggan 2001 p643)
A criticism of the work completed by Dugan, is that due to the publishing year, it is not the
most up to date, yet despite this, is currently the most suitable comparison to my own
research.Thissuggests that there is a gap inthe literaturethatmy work can address. However,
Dugan claims the United Kingdom is the best system for sex offender notification, which upon
creation of Sarah’s Law, has been discussed thoroughly with some claiming that in fact the
American registration technique is far less complicated. For example, how does the United
Kingdom decide which cases require those involved with a registered sex offender to be
notified? This is discussed in Jackie Crassati’s work entitled “Managing high risk sex offenders
in the community; a psychological approach”.
Following from the final point made by Dugan relating to the public creating legislation, the
article from the American Journal of criminal justice, discusses how Moral panics are caused
by the Media’s reporting of sex offenders, which can result in legislation being overturned to
suit the public demand.
12. 12
Cohen states “a moral panic is generally conceived as a disproportionate public reaction to an
event or group that poses a threat to the moral order.” Which in the case, could be the sex
offender. It claims that due to the media reporting about sex offenders, the judicial system is
now the enemy for not keeping these at bay and protecting the public. In comparison to other
moral panics, the newsworthiness of this has been sustained over time. Goode and Ben-
Yehuda (1994) claim moral panics need to be six things; concern, hostility, consensus,
disproportionality and volatility. Sex offenders are always in the media, whether it be for
offences, online social media such as blogs, or legislation. (Greer 2003)
Fox discusses the impact mass media may have on the public and how sex offenders always
provide newsworthy reports. “”This paper will demonstrate that public concern is shaped by
mass media input, guided often by moral entrepreneurs. Thus, the trajectory of this one case
reveals the role of the media in shaping and nourishing panic, and is instructive as an example
of a process that may occur in similar conditions. In the final analysis, the panic over sex
offenders is contextualized in a larger frame about risk obsession in the public imagination and
its manifestation in crime policy. “” (Fox 2013 Pp161-162)
Rohloff and Wright (2010) completed a qualitative content analysis, which investigated the
media reporting’sof a local eventin 2006. This includeddozens of newspaper stories, alongside
recordings from the TV show “The Oreilly factor”. The initial aim was to use this case as a
model of how panic reproduction works in the media. From the media used, it showed a trend
reporting on concepts relating to sexual offences, sentencing and judicial discretion with it
reaching a high in 2006 around the same time as the Vermont case which was a substantial sex
offender case. A search through lexis online to find media reports was conducted to find out if
the term sex offender had become more or less mentioned up to 2000. The results were all
presented in graph formation making it easy to access, with results for this search showing the
term“sex offender” usagehad tripledfrom1999-2009, and similar resultswerealso presented
for the searchinvestigating reports that discuss sex offender sentences. These results conclude
that the newsworthiness of the sentencing of sexoffenders is still verycurrent, yet it has begun
to shift and the media has proposed a new enemy, the judges who issue these “lacking”
sentences. (Davidson 2008) The article discusses various cases to support the case, all which
include public outcry at the punishments given to sex offenders. It discusses the importance of
the emergence of 24 hours news reporting in order to keep these “moral panics” at the top of
the list for media discussion, as well as the use of blogs which allow anyone to post online
regardless of reliability or bias. The distorted view of criminal justice is constantly being
reported by these sources, which can result in the public blaming the judicial system rather
than the offender, without any education into the risk management policy used. This article
can be related to the creation of Sarah’s Law, as it was through a campaign produced through
a tabloid newspaper that the legislation change came about. (NSPCC) In similar circumstances
also within the United Kingdom, the media has resulted in sentences being changed for those
who hurt children. (Worall 2014) This is shown through the Jamie Bulger case, in which,
through the Sun newspaper, 280,000 people signed a petition in order to get his murder’s
sentences overturned. (Siddique 2010). Both of these UK Developments show that although
the work completed by Fox is US based, it can be related successfully to the United Kingdom.
13. 13
It is worth noting that this author has had a large amount of work published by American
Journal of Criminal Justice.
The third source that can be used to help answer my research question is the news report
published in 2013 by the Ministry of Justice. It is entitled “An overview of sexual offending in
England Wales” and with it being published recently it is one of the most up to date forms of
statistics available. Although there have been criticisms of using government statistics due to
their reliability, (Hirschel et al 2008), in terms of those sources available, it is still considered to
be the most trustworthy. This has been accessed first hand through the government website
rather than through a secondary source decreasing the chances of anything being altered.
This report states the aims are to look at the victim experience, the police role, the criminal
justice agencies involved, and the history of the offender. An issue of looking at each of these
categories is that the information used is from secondary sources, some of which may not
cover the same period of time so the comparison could be questionable. Nether less,
victimisation statistics received through the Crime survey for England and Wales show “2.5 per
cent of females and 0.4 per cent of males said that they had been a victim of a sexual offence
(including attempts) in the previous 12 months. This represents around 473,000 adults being
victims of sexual offences (around 404,000 females and 72,000 males) on average per year”.
This includes all offences from those relatively minor to the most serious that those aged 16-
59 have suffered. These statistics arehelpful to understand the predominance of sex offenders
in the community, yet in terms of age, those who complete the survey have a minimum age of
16 which means the statistics of those under the age of 16 are not reported. This supports the
argument made by Dugan (2001) about family members abusing, as it claims that 90% of the
victimswho endured the most serious of sex offences knew their attacker.The report discusses
how the likelihood of a person reporting a crime changes over time, which links into the work
completed by Fox. The media representation of the Criminal Justice System (CJS) can influence
an individual reporting a crime, meaning the statistics can change overtime as the
representation of CJS is transient. The statistics show that now more than ever, sex offenders
in particular those found guilty of rape, are more likely to receive a custodial sentence.
However, this report states that 97 of those convicted and sentenced to a custodial
punishment from the year of 2012-2013, had previous offences. One suggestion from this
could be is the punishment issued suffice if the recidivism rates are so high?
Overall, there is a large amount of literature available to discuss sex offending. An issue I have
had whilst completing the literature review is that despite the amount of literature that is
availablediscussing sexcrimesagainstchildren,I feel morework is needed focusing specifically
on this area. This supports my reasoning behind my research question which has a direct focus
on childsex offending. In the work completed it issometimes mergedwith sex offending which
could be differentoffences to what the initial crimethatcaused the production of both Sarah’s
and Megan’s Law. As the tabloid newspapers have had such an influence in the creation of
Sarah’s Law, the amount of follow up material by them is inevitable. Despite the questionable
reliability of tabloid sources, this is the main form of moral panic regarding the issue of Sex
offender registration so it would be impossible to dismiss newspapers entirely.
14. 14
Data Chapter 1- How has the Media influenced the publicopinion, and consequently legislation,
of sex offenders within the UK and the US?
This chapter will look at how the media can influence legislation, with a particular interest in
sex offences, and then how the media portrays those specific types of crime. In order to
provide a true analysis, theories that discuss media’s affect generally must also be discussed.
It is important to note that the media backed both campaigns to bring further sex offender
registration in both countries and thus educating the public in this area.
Jewkes (2015) states “Why are we so fascinated by crime and deviance? If the media can so
successfully engagethe public’s fascination,can they equally tap into – and increase– people’s
fears about crime?” and as noted in the literature review, this has been proven to be true in
terms of how sex offences are reported. It would be unrealistic to not acknowledge the effect
the media has on the public, and this chapter will discuss why this is.
The Media has been blamed for enabling copycats, causing moral panic, and more often than
not, the root cause of some of the highest profile crimes of the 21st century. (Surette 2014)
The hypodermicsyringemodel is one analogythat provides anexplanationas to how the media
injects thoughts into the passive reader, which results in them acting accordingly. This is not
only in relation to sex offender’s representation, but as a whole a criticism of mass media is
that it represents only a small groupof people’s opinions, usuallythe ruling elite.(Graber 2009)
Different studies have taken place in an attempt to understand behaviour changes based on
media consumption, with one of the most famous being Bandura’s study in the 1950’s using
bobo dolls. Two groups of children were used in this experiment, one group having watched a
violent filmbeforehand.Both groups weregiven“bo-bo dolls” to play with, and their behaviour
towards the dolls was used to gagethe effects of the violent filmpreviouslyviewed. The results
from this study showed some correlation between the aggression shown by the children who
had seen the violent content, yet as this study was based in the 1950’s there have since been
many criticisms of the validity of the study. (Jewkes 2015) However, some of the criticisms of
the study will be relevant to any research that has a similar outcome, as it is almost impossible
to control some of variables that could produce an anomalous result. An example of this is
individual personality traits, which could mean that some of the participants are more
susceptible to the media’s influence. (Jewkes 2015) This behaviourist approach is just one way
that the media’s influence has been investigated, which is most likely to be discussed at times
were acts of copycat violence occur, e.g. school shootings.
There are many forms of media which have all been held responsible for different crimes, for
example, the horrific murder of James Bulger was blamed upon the influence the movie
“Child’s Play” had upon his killers. At the point of this accusation, there had been no proof that
either John Venables or Robert Thompson had seen this video, yet due to the similarities in
Bulger’s murder and the film, and the need to have some form of explanation as to how other
children could be so sadistic, it seemed appropriate to blame the media. (Buckingham 1996)
On the other hand, the media played a large part in the reporting of the crime, and later on,
the attempted overturn of the sentences. The case became an international issue, with the
press appealing for the anonymity of the offenders to be overturned, and for the “soft”
sentences they had been given to be reconsidered with the use of “cut out petitions” signed
15. 15
by the public. The Sun newspaper began a campaign for “video nasties” to be burned, which
fuelled any panic that have already arisen among parents. (Unicef) This moral panic is just one
way in which the media can cause public outrage, as discussed in literature review.
A moral panic relating directly to sex offenders, is that of the name and shame campaign of
paedophiles in the News of the World. (The Guardian 2001) This was proven to have
detrimental effects on individuals including some who were innocent. The attacks were on
people who were named as paedophiles or mistakenly identified as. This caused problems for
people with the same name as a person who was named in this campaign, which lead to the
NOTW suspending the campaign. The development of vigilante justice was one argument
against the community notification law, as it has always been a cause for concern within the
United Kingdom. This was proven to be a justified concern with the recorded attacks on those
wrongly titled “paedophiles” by newspapers. (Pidgeon 2003) This controversial campaign lead
people to fear there were more convicted sex offenders living in their streets than there was,
however, Parton (2005) claims that in this instance the media simply responded to a moral
panic that was already in place rather than conjuring it up out of nothing.
Although the negative impact of the media cannot be ignored, the positives must also be
recognised. Aside from its ability to provide the public with news reports at any time of the
day, it canalso be invaluablein certaincrimecases.An exampleof this is that of a missing child.
In these cases, time is critical, and the power of the media has been tracked by “National
Centre of missing and exploited children”. Through the sharing on social media, children have
been tracked, bodies identified, and families reunited. (Qvist 2016)
The introduction of both Megan’s and Sarah’s Law would not have been possible without the
media’s assistance, with the News of the World being the main support system for the
campaign around Sarah’s Law. With statistics showing that between 2011-2012 Sarah’s Law
has protected around 200 children (Home Office 2012) this is an example of the medias
positive attribution to this legislation. However, it was important for this to be considered
carefully and not simply a knee jerk reaction legislation, as many lives could be at stake. (See
Elliott and Hughes in BBC 2001 and Kemshall 2003) This has been one criticism of Megan’s Law
as it was seen to be rushed into legislation due to public pressure, which undoubtedly was
encouraged by the media. (Jukes 2015) Studies have been produced since 1998 that looks at
how the media has affected the publics opinion on the effectiveness of Megan’s Law, one in
particular that had varied results was Proctor et al (2002), which looked at the impact of media
on knowledge and perceptions of Megan’s Law. This study was in response to a panel study
conducted in 1980 looking at if the amount of attention individuals devoted to the news made
a difference to their knowledge of public issues (Chaffee and Schleuder (1986). The study
completed by Proctor et al had three research questions, one looking at the initial knowledge
behind Megan’s Law, the second with a focus on how different media sources change the
knowledge and support of the Law, and finally the last focuses on the media and the belief in
the effectiveness of Megan’s Law. The method was random sampling, which had an overall
response rate of 35% from 990 households. The results concluded that both media usage and
attention to crime factors affect general and specific knowledge. The second analysis revealed
that media usage factors were associated with support for Megan’s Law. All of the results
suggested that the media do have an effect on perceptions of policy, in particular newspapers.
16. 16
(Proctor et al 2002) This resultis not surprising as, as mentioned above, the newspapers played
a significant part in both Sarah’s and Megan’s Law being passed.
In comparison to the United Kingdom’s alternative, the media is regularly criticised for
providing the public with bias views. However, Kemshall (2003) claims that after the conviction
of sex offender, Roy Whiting, the article published by the BBC was in fact less “inflammatory”
and provided both sides of the argument for community notification. This is a way in which the
public in the UK were issued with all of the details prior to the introduction of the Law, rather
than simply the graphic details of the offence in question, Sarah Payne’s murder. This was
partially due to Sara Payne (the victim’s mother) refusing to let her daughter’s name be
forgotten, and using it as motivation to protect children from further abuse that could be
prevented. (The Guardian 2011)
Furthermore, as it is a constant discussion as to the best way of rehabilitating offenders, it is
worth considering how media could provide a safe way for sex offenders to engage in their
fantasies. This is discussed by Cromby et al (2013) who claim sexual materials have been used
successfully in therapy. However, this has been widely criticised as to if this would ever be
enough to prevent the offender from fulfilling these fantasies within a real life situation.
Another effect of the media is that it can change the expectations of those who are victim. This
is known as the CSI effect, studies show that 55% of shows such as Law and Order, CSI etc have
characterizedsexual assaultoccurring outside the home of a victim,with the perpetrator being
a stranger. (Stephens 2011) This is a disproportionate statistic as 6 out of 10 sexual assault
incidents were based in a victim’s home or by someone they knew. This can have negative
implication in the sense that it may make the victim feel even more isolated, therefore, less
likely to report a crime. (Stevens 2011) Consequently, those who created the sex offender
legislation and the media are ignoring the threat which is closer to home, and implying a
stranger is a danger rather than family or friends, which is putting children in further danger.
Overall, as discussed in the literature review, the mass media is growing and is constantly
surrounding the public with broadcasts of some description. This chapter has acknowledged
some of the positive effects this can have, alongside the negatives. The main positive being
that the legislation has been brought into practice to begin with, as undoubtedly this may not
be the case without the Media’s influence. To discuss this fully it is important to consider the
effectiveness and the future developments concerning sex offender registration law. The next
chapter will discuss victims and how the CJS has changed to provide better services and
support for those involved, particularly in sex crimes cases.
17. 17
Data Chapter 2- How is the CJS both protecting and hindering Victims?
So far, the media’s response into sex offending has been discussed, and how the CJS has
responded to it. However, one of the main aims of the CJS is to protect victims
(CrimeandJustice.org), so reforms have occurred that put victims needs at the forefront, with
the Sex offender Registry being one of those. In order to establish a way of preventing
reoffending, it is necessary to discover those who are most likely to be victim to such crimes.
This chapter will look at how the criminal justice system has changed to protect victims and it
will also discuss any criticisms of sex offender notification scheme based on victimisation.
There are different types of victimisation, primary and secondary. Primary being defined as
“persons whom the violent act has been committed regardless of whether the person suffers
or dies as a direct result” (Hall 2012 p37). It has been argued that their needs should be met
first as this is consistent with the rights based approach. (Young 2000) Secondary victims are
those who either witness the act of violence or are affected directly, usually in the case of
children or family members. In the murders of Megan and Sarah, the two girls are the initial
primaryvictims,withtheir familiesbeing secondaryvictims.The amendments to Lawthat were
a result of their deaths were to prevent any further victims.
As mentioned prior, one reason sex crimes against children is deemed to be so disturbing is
that the victim is completely innocent. In no court of Law can a child be held responsible as
they cannot consent and are always seen as the victim, yet this is not always the case with
sexual assault charges when the victim is an adolescent/adult.
As discussed in the literature view, the crime survey of England and Wales is the most reliable
form of statistics we have in the UK as to who has been a victim of a crime, however, these
statistics only show “the most recent experience of adults as a victim of sexual offence in the
previous 12 months (thus, for example, does not include sexual offences experienced by
children or those aged 60 or over.” (Ministry of Justice 2013). The survey also only includes
police reported crime, and it has been reported that only 15% of all sexual abuse victims file a
police report. (Rape Crisis 2013). This is due to many reasons, from police treatment, lack of
evidence for the Crown Prosecution Service to work with, to simply fear. This is particularly
prominent in child abuse cases, as often the offender will groom the child or threaten which
leads to evidence being lost before an allegation is made.
As a direct comparison, US Statistics show that one in every 20 female student was raped, 50
percent of women were sexually harassed at work/college, with it dropping to 15 percent for
males. One more disturbing statistic is that more than 150,000 children were abducted by
strangers or non-custodial parents. (Paludi and Denmark 2010) (Please note it does not say
what time frame this was over except in the time it took to edit the book.)
Studies havebeen completed as to determinewho is most likelyto become victimof childhood
sexual abuse, and it is difficult to generate a true profile due to the taboo around the subject,
in particular for males.Masculinitystereotypescan prevent boys frompressing chargesagainst
their offender, despite “males are more often victims of serious abuse, involving penetration
and force, whereas females are more likely to be victims of fondling or exhibitionism” (Spataro
18. 18
et al 2001 p3). From this, it has been suggested that more is done to remove the “taboo”
around the subject of male victims, alongside making the CJS more victim friendly.
In the UK, The CJS has been criticised for not having the victim’s needs at the forefront of
investigations, which has then resulted in faith in the CJS at an all-time low. With the Home
Office being quoted “‘we will put victims and witnesses at the heart of the criminal justice
system and ensure they see justice done more often and more quickly. We will support and
inform them, and empower both victims and witnesses to give their best evidence in the most
secure environment possible’ (Home Office, 2002: 19).” The CJS has a focus on the needs,
treatment and support of victims, which was put in place by the White Paper Justice for all
2002, and some examples of this are through victim impact statements, and making the victim
aware of all updates of the case. However, this has been criticised as to what is a realistic
objective, and what victims’ rights can implemented in a scenario when the CJS is still going to
revolvearound punishing the offender. (Goodey, 2005; Jackson, 2003; Sanders &Young, 2007).
This has resulted in the victim centred approach scheme being labelled as having a political
agenda. (Hall 2009, Bednarova 2011) Both Megan and Sarah’s Law although have a focus on
preventing reoffending,arebased on alerting the community to anyone with a previous history
that could prove a threat to possible victims. This is one piece of legislation that is indirectly
victim centred by its attempt to protect those deemed vulnerable.
In America, a similar initiative was put in place in 1998 within their CJS. A charity, aimed at
providing services for survivors of sexual assault, has defined the new victim centred approach
as being “the systematic focus on the needs and concerns of a sexual assault victim to ensure
the compassionate and sensitive deliveryof servicesin a non-judgmental manner” (NJDCJ) This
source issued protocols that must be followed to keep any trauma to the victim at a minimum.
One of the main ways America has introduced the victim centred approach is through the use
of restorativejustice. This is a way of repairing the damage done by the offender, and has been
noted as allowing the victim to gain back some independence and live their lives without fear.
(O’Brien and Yar 2008). Nevertheless, this is not always an option for victims of sexual based
offences, as it can result in the victim suffering further trauma, so the use of restorative justice
must be considered carefully on a case to case basis. This is an example of how the CJS is
focusing on the needs of the victim specifically which in turn would hopefully restore faith in
the CJS, resulting in more victims likely to report crimes.
Relating back to the research question, one criticism that was mentioned in the Literature
review, was that sex offenders may be viewed as victims of the state by the community
notification law. The offender has theoretically already served their time, yet when they are
released they are then subject to more punishment, which can result in them never being able
to fully engage back into society. This has called into question as to if community notification
of sex offenders is a punishment in itself. (Thomas 2008) The Home office have provided the
aim of the register as “It is a measure aimed at protecting the community from sex offenders
not an additional penalty for the offender” (Home Office/Scottish Executive, 2001:11). This is
not the case within the UK nor the US as it issuing a further supervisory punishment to
offenders.
Overall it can be seen that despite the CJS making an attempt to make the victims at the
forefront, a lot is still required in order for this to happen fully. It is not as simple as there is
19. 19
one victim for every crime, which can cause controversy, especially when one of the “victims”
may be the offender. Another problem could be that due to stigma already attached to sex
offending, and the focus of the register being on victims who are attacked by strangers, there
is not enough support for cases of interfamilial abuse, which as discussed in the literature
review, has the highest percentage. The next chapter will attempt to analyse the effectiveness
of the sex offender registration scheme, in particular by looking at the statistics available in
both the UK and the US.
20. 20
Data Chapter 3- How effective is the Sex Offender Registration Scheme in terms of recidivism
rates?
The main focus of this research is the effectiveness of the sex offender registration scheme in
both United Kingdom and The United States. This chapter will discuss the current recidivism
rates within the Criminal Justice System, with a particular focus on sex offenders. It will look at
statistics before and after the introduction of Megan/Sarah’s Law, and discuss some of the
studies that have looked into the effectiveness prior to this piece of work. The first paragraph
will look at the statistics of sex offenders within 12 months of leaving prison, with the second
offering a US comparison. It will then debate validity issues with these statistics, with the final
few paragraphs discussing Fitch’s work prior to the introduction of Sarah’s Law.
Within the UK, the most recent statistics show that within 12 months of leaving a prison, 26
percent of offenders commit another offence. (Ministry of Justice 2016) However, in terms of
reoffending by offence type, sexually based offences have one of the lowest recidivism rates
in the UK. It is worth noting that sexual offences make up 4% of the total prison population
within the UK. (Ministry Of Justice 2015) This is particularly noticeable within the Youth Justice
System, as the juveniles involved in the statistics show a reoffending rate of 12.1% which is the
lowest of all reoffending. In comparison, in the US, the statistical analysis of reoffending is
shown through a different form, it looks if an offender commits a further offence within three
years of release from prison. This shows a high recidivism rate of 67.8% (BJS.GOV 2014), this
means it is difficult to provide a true cross country comparison, but as a general rule the
reoffending rates are at an all-time high, with prison populations increasing.
These reoffending rates are one of the reasons that a legislative change was required in UK
and US, however, public fear of a sex offender reoffending is disproportionate to the relatively
low number who do reoffend. This poses the question is the introduction of both
Megan/Sarah’s Law focusing on the wrong area when it comes to child protection? It also is
one of the justifications for it being “knee-jerk reaction legislation” as discussed in the media
chapter. Also, statistics do not show that a “re-offence” could be any crime, not necessarily a
sexual based offence. (Mcalinden 2007) it is difficult to monitor or provide true statistics for
sexual offences due to the “dark figure of crime”. This is the term used to acknowledge the
amount of crimes that go unnoticed, which is thought to be relatively high in terms of sex
offences. This could be due to the victim not reporting, lack of evidence, or the complaint
dropping out at various stages of the CJS process. The data chapter entitled victimisation
discusses this further. (Taylor 2015)
Although there has been issues finding statistics from the American Criminal Justice System, it
has been recognisedthat between 1992 and 2010, the CJS saw a decline of 62% in sexual abuse
cases. (NSOPW.ORG) In comparison to this, due to Sarah’s Law being a relatively new concept,
and the fact that sex offenders can take longer to reoffend (Falshaw et al 2003), the United
Kingdom looks at how many disclosures have been made, in an attempt to estimate how many
children may have been saved from being victim of a sex offender. In 2012, the government
stated that over 200 children had been protected from the use of Sarah’s Law within the first
21. 21
year of the disclosure scheme. (Home Office 2012) This figure was reached through enquires
made to the police, that resulted in concerning information been given out to the caregivers
of children around the individuals who had committed previous offences. Evidently, there is
no certainty that these would have become victims, however, it is the most reliable way of
noting the difference Sarah’s Law has made in such a short period of time.
There has been no shortage in research which looks at both the effectiveness and the flaws of
the sex offender registration scheme. However, Fitch (2006) on behalf of the NSPCC, provided
the basis for the UK government to pilot a similar scheme to Megan’s Law. The report
acknowledges it was not a legislative based change rather a response to the public, which
means it is open to controversial arguments as to whether it is a knee jerk reaction, as
discussed in Media. Fitch provides suggestions to the US scheme in order to increase its
effectiveness, whilst claiming there isn’t any definitive proof that community notification of
sex offenders helps increasechildren’ssafety.(Fitch 2006). Thisis a key point as this is the main
aim of the legislation. Despite the drop in sexually based offences after the introduction of
Megan’s Law, it cannot be determined if this is the singular cause. (Barnokski 2005). As argued
in Literature Review, community notification of sex offenders (CNSO) would not provide
protection to all children, predominantly those who are involved in intra-familial abuse. This is
the group least likely to report abuse, and one criticism of the CNSO would be that it would
only prevent more from reporting. From this, it could be suggested that both Megan and
Sarah’s Law are actively harming the cause rather than helping. This is supported by the Stop
it Now campaign piloted in Vermont prior to the introduction of Megan’s Law. Once Megan’s
law was introduced, the calls from both abuse victims and abusers, dropped from 60% to 0.
“The spectre of notification, the accompanying shame, the potential vigilante response from
the community, the inability to restore life to some level of normalcy post-release, the
potential for the humiliation of other family members besides the abuser him/herself are all
deterrents in a very direct way.” (Deborah Donovan Rice, Stop it Now! Vermont)
When the introduction of a sex offender registration law that is available to the public first was
suggested, Fitch looked at how the scheme was working in the U.S. one main concern was that
“evidence from the US showed that if an offenders details were automatically made public, a
proportion would no longer comply with the notification requirements and could disappear,
leaving the authorities unsure of their whereabouts and unable to monitor them.” (Fitch 2007)
This was altered with the introduction of Sarah’s Law as details can only be published about
individuals upon the police’s discretion.
Overall, with figures from the government claiming that over 200 children have been saved
from being victims of sexual abuse within the first year of the scheme being piloted, (Home
Office2012) it would suggest that the scheme is in facteffective,however, in order to compare
statistics to gain a true overview more time is required. It would appear the flaws that are
apparent in Megan’s Law, were dismissed in its UK counterpart, however, as noted previously,
as most sexual abuse cases are based interfamilial, it is impossible to use sex offender
community notification scheme as a total rehabilitative tool in itself. In conclusion, through
discussing the effectiveness, it provides more details on how the CJS have responded to sex
offending, yet it would appear that those who have approved this legislation have not fully
taken into account those who are victim of interfamilial abuse.
22. 22
Data Chapter 4- Future Developments and Discussion
As discussed throughout this research, the introduction of Sarah’s Law within the United
Kingdom was something that was greatly discussed between those in the CJS. The arguments
for and against have been recognised, and amended when possible in an attempt to reach
maximum effectiveness. This chapter will discuss any future developments the CJS is currently
undergoing alongside any suggestions by myself and others. It will also attempt to conclude
this dissertation.
To begin with, in 2013 the Ministry of Justice published a document detailing the sex offender
therapy programme (SOTP) that are due to begin with the offenders who are in custody.
Alongside the current therapy in prisons, in the UK inmates will now be based on a programme
that is the most appropriateto their needs, based on offence category.Thedifferent categories
are: Low Intensity, High intensity, Healthy Sex programme, in addition to a few adapted
programmes. This is a substantial improvement as it means the offenders will be placed on a
programme entirely suitable for their needs, with the aim that it will improve the waiting times
for a place.(Ministryof Justice 2013) Although this is based on the needs of the offender, which
is conversely the opposite of the victim centred approach that is supposed to be the aim of the
CJS currently, it could be a positive step in reducing reoffending and overall, producing less
victims.
In terms of using the SOR to supervise offenders, using this alongside probation would provide
maximum supervision. However, due to recent cuts it has been expected that the case load of
a probation officer has increased, which results in less time to focus on individual cases.
(Krustovsky 2009) However, the important of multi-agency’s communications is becoming
more vital in order to keep track of those deemed most at risk to the public. In some states in
America,thisisknown as the containment model. This team,that includespsychiatrists, mental
health workers, poly-graphersand speciallytrainedprobation officers,base a plan to supervise
based on the risk assessment completed before the offenders release into the community.
(Cota 2014)
Another example of changes the CJS is making relating to sex offenders, is that unlike America,
probation officers will now be trained in lie detectors. This means whilst an offender is on
licence, their probation officer can request a test to provide evidence that the individual is
following the conditions set by their licence. This is a development made by the Coalition
government (Ministry of Justice 2014) in an attempt to ensure only those able to abide by the
conditions set prior to release will remain in the community.
As mentioned prior, the media can be held responsible for the change in public attitudes
(McCarten 2004) in particular in provoking the fear that sex offenders are everywhere and at
a huge risk of reoffending. Now it has been discussed this is not a proportionate statistic, as in
factsex offenders make up a small percentageof recidivismrates,(Erooga 2008),which means
that the media is giving the public a false perspective of sex offending. Although, as discussed
in Literature Review, this is a newsworthy topic, it could be hindering any progress that the CJS
makes. To allow the public to feel included in any legislative developments McAlinden, 2007,
23. 23
discusses how having public give opinions on multi agency public protection panels (MAPPP)
can allow confidence in the CJS to grow, rather than turn to the media for possibly incorrect
information.
The literature discussed in this dissertation is only some of the work that has been completed
into child sex offending. As mentioned, despite law enforcement taking a strong stand against
this crime,asthe majorityofcasesareinterfamilialthesevictimsneed further support. I choose
this topic due to its relevancy and the ability to look at how both countries deal with child sex
offending as a crime. I feel my research question of “Assessing Media and CJS responses to
child sex offending” has been answered, however, this does not rule out the possibility of
further empirical research to support my conclusion.
The first data chapter aimed to look at how the media has influenced legislative changes in
both UK and US, with a conclusion that without the media, it is unlikely that neither Megan’s
nor Sarah’s Law would have received such high numbers of public support. However, this
positive outcome does not mean the negative impacts of media can be ignored, particularly in
relation to vigilante justice, as this is one of the main concerns from the government if the
details of registered sex offenders were ever to be released into the public domain in the U.K.
The second chapter questioned how the CJS was supporting the victims of child sexual abuse,
with one point suggesting that it could actually be hindering them. It discussed how the CJS is
becoming more victimcentred in both countries, yet there is still a lack of support for one main
group of child sexual abuse victims. The third chapter looked at the effectiveness of the sex
offender register, with a focus on Megan and Sarah’s Law as legislation. Due to the relatively
new implementation of Sarah’s Law, it has been concluded that more time is needed before
its effectiveness can be judged fully.
From this research, it has brought into question how the CJS is helping victims of sexual abuse,
and how the media is supporting them. This is a controversial argument as usually the media
is to blame, whereas the Criminal Justice System are helping. This is an argument that could be
developed further by looking at other crimes as a cross evaluation. The importance of
legislative changes in response to public desire has become apparent, and this is something
that should be considered in the future.
Overall, as discussed by Fitch previously, the amendments made from Megan’s Law before it
was published in the UK as Sarah’s Law mean that it has reduced the chances of incidents of
vigilante justice have been kept to a minimum, whilst still offering the public a limited amount
of information In order to protect children. In order to continue to attempt to lower the
reoffending rates of sex offenders, further supervision is necessary, however, budget cuts
make this difficult in the current economic climate. The changes made by the coalition
government to involve the public more can provide faith in the CJS and therefore allow the
public to feel their opinion is important, rather than turning to the media as an outlet.
24. 24
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31. 31
Appendices – CV
Jessica O’Callaghan
07463627645
jessxocallaghan@hotmail.co.uk
35 Beckenham Gardens, Middlesbrough, TS89JU
Personal statement
I am a mature 24 year old student looking for work in the public service sector. I am currently
studying my masters in Criminology two nights a week so I am flexible around this. I feel this
would be a suitable job sector for me to work in as I am looking to build experience working
in services that focus on youths or domestic violence/
Qualifications
I have just completed degree in Criminology at Teesside University, and will begin with
masters in September, two nights a week. My career aim is to become a teaching fellow
within higher education, however I would like to gain experience in various other job roles
before pursuing this.
I also have completed my foundation degree at Durham University and have received GCSES
A-C from The Kings Academy Middlesbrough. I have also had various volunteering positions,
in particular working with the Inspire Project in England and Germany to help vulnerable
youths.
Skills
I feel I have shown these following skills in previous job opportunities:
Punctual
Good customer service skills
Good cash handling skills
Adapt well to new situations
Self-motivated
Good team player
32. 32
Fully flexible at short notice
Computer literate
Experience
October 2014- Present
Treebridge waitressing staff
I have been working for this family run business since October, and have progressed well
gaining extra responsibilities. This job has allowed me to not only learn new skills, but
develop those already I previously possessed.
December 2013-July 2014
Walkabout-front of house staff.
As bar staff, I interacted with the public on a day to day basis. I learnt the importance of
accuracy through cashing tills with supervisors and opening shifts without a manager present.
The reason I left this job, despite progressing onto special events co-ordinator post, was that I
felt the hours clashed with University, as I was not able to give my degree the necessary time
needed.
April 2010-October 2012
Photographer in Nightclubs.
This job allowed me to understand the important of hard work as it was based on
commission. It allowed me to interact with people in different nightclubs around the north
east and provide good customer service in different situations. In this job I had to be self-
motivated as it was important to upkeep good standards despite not having a manager
around constantly. I left this job in 2012 as I began University and needed to ensure I had
time to complete my work. Having been at university for two year now I feel I have managed
both work and University life well.
September 2008-April 2010
Customer service assistant
I worked in McDonalds providing excellent customer service. In this time I was promoted to
staff trainer and I learnt good cash handling skills. In this position it was important to be able
to keep up with the fast paced environment yet still ensure the customer received the best
service possible. I left McDonalds in 2010 as I became a nightclub photographer which suited
me better at that time.
April 2008-September 2008
33. 33
Waitress.
I was a waitress in a local coffee shop throughout the summer holidays of 2008. As a first paid
job, this allowedmeto learnbasiccommunicationskillsandhelped me adapt to new situations.
After being employed in this position for two month I got a pay rise, which I feel shows my
dedication. This job was seasonal which is why I felt the need to look for other work.
References available on request.