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July 28, 2012

"Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches and Specialized Community Integration"

The title of this post is the title of this new paper on SSRN by Heather Cucolo and Michael Perlin. Here is the abstract:

The public’s panic about the fear of recidivism if adjudicated sex offenders are ever to be released to the community has not subsided, despite the growing amount of information and statistically-reliable data signifying a generally low risk of re-offense.  The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones. We have come to learn that the tools used to assess offenders for risk and civil commitment still have indeterminate accuracy, and that the availability of meaningful treatment for this population remains uncertain in its availability and debatable as to its effectiveness.  Yet, society continues to clamor for legislation confining this cohort of offenders for “treatment,” and, ostensibly, protection of the community, and legislatures respond quickly to these calls.  This “reform legislation” often includes strict and demeaning post-release restrictions that track offenders and curb their integration into society.  These “reforms” continue to show no benefit either to the public or to the individual offender.  The absence of meaningful and effective treatment during confinement, combined with inhumane conditions upon release, make it far less likely that this cohort of individuals will ever become productive members of society.  Only through therapeutic jurisprudence, a focus on rehabilitation, and a dedication to authentically treating individuals who have committed sexual offenses with humanity, will it be possible to reduce recidivism and foster successful community reintegration.

This article takes a new approach to these issues.  It examines sex offender laws, past and present, looks at this area of sex offender commitment and containment through a therapeutic jurisprudence lens, and suggests basic policy changes that would optimally and constitutionally minimize re-offense rates, while upholding and protecting human rights of all citizens.  It highlights the failure of community containment laws and ordinances by focusing on (1) the myths/perceptions that have arisen about sex offenders, and how society incorporates those myths into legislation, (2) the lack of rehabilitation offered to incarcerated or civilly-committed offenders, resulting in inadequate re-entry preparation, (3) the anti-therapeutic and inhumane effect of the laws and ordinances created to restrict sex offenders in the community, and (4) the reluctance and resistance of courts to incorporate therapeutic jurisprudence in seeking to remediate this set of circumstances.  It concludes by offering some modest suggestions, based on the adoption of a therapeutic jurisprudence model of analysis.

July 28, 2012 at 11:24 AM | Permalink

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Comments

LOL you were doing so good till you wrote this buch of lieing bullshit!

"We have come to learn that the tools used to assess offenders for risk and civil commitment still have indeterminate accuracy, and that the availability of meaningful treatment for this population remains uncertain in its availability and debatable as to its effectiveness."

every study i've seen in the last 10 years puts reoffense rates overall at 5-15% PERIOD! yes certain subset's are higher. But that is not the justification used to pass these illegal laws....it's the CRIMINAL FRAUD that ALL sex offenders REOFFEND!

sorry i'm not required to pander to a buch of chickshit sheeple. at least not outside of SIT DOWN and SHUT UP! i will NOT violate the CONSTITUTION for your ASS

Posted by: rodsmith | Jul 29, 2012 12:52:52 AM

Of course these reoffense rates aren't the real truth.. In those statistics you will only see people that get caught again..

Posted by: Learn a language online | Jul 29, 2012 7:09:32 AM

123D is the only effective therapeutic jurisprudence.

Posted by: Supremacy Claus | Jul 29, 2012 11:19:02 AM

no offense learn! that's ANY crime not just sex crimes. we have close to a million people now on the ILLEGAL registry. doesn't take a genius...hell even a fucktard politician can look at the numbers. 80-95% NEVER reoffend! therefore the numbers the media and the fucktard politicians use are LEGALLY FRAUD!

Since they are being used to REWRITE and VIOLATE the CONSTUTITION they can and SHOULD be considered TREASON as well.

Posted by: rodsmith | Jul 29, 2012 4:22:40 PM

Learn a language online (Jul 29, 2012 7:09:32 AM):

Nice spam.

But anyway, the people we are talking about are the people who are listed on the nanny big government Registries. They are not committing any crimes where they are not being caught. Are not the Registries 1) keeping people listed on them from committing a crime or 2) if that fails, getting them caught? Or are you trying to feed us more witch hunt BS like they are committing crimes but no one wants to report them? That's a good one.

Do the Registries work or not?

Posted by: FRegistryTerrorists | Jul 30, 2012 1:17:05 PM

Why is it that people think that people who commit sex crimes need "therapy" and people who commit other types of crimes don't? I think that is absolute proof that the people who support the SEX OFFENDER witch hunt are clueless or willfully ignorant of reality. It's insane. But that's the witch hunt.

It was my personal experience that the "therapy" that was so well administered to me was not just worthless, but much worse. Instead of the therapy and their experts operating independently of probation/parole and actually accomplishing something, they were nothing but an extension of the probation/parole offices. It was ridiculous. And of course they said, "You are going to get this therapy and do it successfully or we are going to put you in prison." Yea, that works.

Then they started requiring regular mandatory polygraphs. Perhaps that is useful with some people but in my case, that killed any remaining chance that therapy would do anything productive. It was pretty adversarial from the beginning and that sealed the deal. Good therapists would have realized that and changed course. But then they have the government steering them so they couldn't anyway.

And if all that doesn't kill the productivity of therapy, Registration will.

Posted by: FRegistryTerrorists | Jul 30, 2012 1:21:47 PM

How is the information in this paper being disseminated? All of this has been said before most notably in the Federal Sentencing Reporter in dec 2008. What about talk shows- Stossel comes to mind. What congressmen are in our corner? A mother in RSOL
shari Lee

Posted by: shari lee laist | Jul 31, 2012 10:51:55 AM

im not sure how i feel about this one. I know people can change but to what degree?

Posted by: dill | Aug 13, 2012 11:21:09 PM

The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones.

Posted by: london apartments | Nov 26, 2012 2:13:56 AM

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