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Florida Enacts New Sex Offender Law

By Jeralyn, Section Legislation
Posted on Mon May 02, 2005 at 11:26:40 AM EST
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Gov. Jeb Bush has signed Florida's new sex offender law.

The Jessica Lunsford Act requires those who prey on children under 12 to be sentenced to at least 25 years in prison and, if they get out, to be tracked for life.

It is never a good idea to enact legislation in response to a singular event, no matter how horrific. Act in haste, repent at leisure.

This one-size-fits-all attempt at justice will result in no justice at all. The bill fails to adequately distinguish between violent and non-violent offenders. A 2003 Justice Department study found that sex offenders have a lower incidence of recidivism than other those convicted of non-sex crimes.

In fact, of the 9,691 men convicted of rape, sexual assault, or child molestation who were released in 1994, only 5.3 percent were arrested for another sex crime after their release. The percentage of those that were actually convicted after their second arrest was down in the 3 percent range. Forty-three percent were rearrested within three years - that contrasts with a rearrest rate of 68 percent for inmates serving time for a variety of other crimes.

Sex offender treatment works. In Vermont, the recidivism rate was 7% for sex offenders who received treatment.

The Justice Department's Center for Offender Management has a "Myths and Facts" Web site about sex offenders.

Myth: Most sex offenders reoffend

Fact: Reconviction data suggests that this is not the case. Further, reoffense rates vary among different types of sex offenders and are related to specific characteristics of the offender and the offense.

It is noteworthy that recidivism rates for sex offenders are lower than for the general criminal population. For example, one study of 108,580 non-sex criminals released from prisons in 11 states in 1983 found that nearly 63% were rearrested for a non-sexual felony or serious misdemeanor within three years of their release from incarceration; 47% were reconvicted; and 41% were ultimately returned to prison or jail (Bureau of Justice Statistics).

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    Florida Enacts New Sex Offender Law | 33 comments (33 topical)
    Re: Florida Enacts New Sex Offender Law (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:52:55 PM EST
    Better too late than never... Blaghdaddy hasn't seen Jeb move so fast since his brother lost the vote down there in '02...

    Re: Florida Enacts New Sex Offender Law (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:52:55 PM EST
    Blaghdaddy.... BB wants to know why you always refer to yourself in the 3rd person? Back on topic... It's about time Fla. did something! Waaay too many perverts down there.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#3)
    by roy on Sat Dec 17, 2005 at 12:53:02 PM EST
    I'm sure my math is over-simplified so please don't curse me out if you find a major glitch. Recidivism is hard to calculate:
    The reliance on measures of recidivism as reflected through official criminal justice system data ... omits offenses that are not cleared through an arrest ... or those that are never reported to the police.
    Especially so for sex crimes:
    The low rate of reporting leads to the conclusion that ... convicted sex offenders ... represent less than 10% of all sex offenders living in communities nationwide.
    It looks like if you commit a sex crime, you have about a 10% chance of getting caught. In a good case, 3% of treated sex convicts get convicted of another sex crime, which we might guess is 10% of those who actually reoffend. So it's a 30% recidivism rate. That's still lower than the general criminal population (even without applying the above voodoo to them), but not low enough for me to accept "treatment works". Treatment is better than non-treatment, but 30% is still a big number.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#4)
    by Dadler on Sat Dec 17, 2005 at 12:53:02 PM EST
    Florida: Behind the curve and reacting blindly -- that's out motto. But the orange juice is good.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#5)
    by Dadler on Sat Dec 17, 2005 at 12:53:02 PM EST
    try that's "our" motto, folks. nothing like an inferior punchline delivered with all the clarity of a harmony korine movie.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#6)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:53:02 PM EST
    If you have two children murdered by convicted sex offenders within days of one another, you are going to get harsher laws. One follows another. Apparently, the offenders did not read the statistics. Quoting statistics about which different interpretations may be made is not going to prevent the legislative stampede.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#7)
    by DawesFred60 on Sat Dec 17, 2005 at 12:53:03 PM EST
    This new law will be used against people who have done no crime, enacting laws to keep people from raping little kids are on the books and have been used to keep evil doers in prison, this is not a law but a law to make people feel good about the totally insane system we now are forced to live under. Stop, think, act, and understand what is happening inside your own political culture, ask why this is happening to little kids ask why this government is doing what its doing and for what reason?

    Re: Florida Enacts New Sex Offender Law (none / 0) (#8)
    by sarcastic unnamed one on Sat Dec 17, 2005 at 12:53:03 PM EST
    The link has little credibility. From the link: "Myth: Most sex offenders reoffend. Fact: Reconviction data suggests that this is not the case." Also from the same link: "Myth: The majority of sexual offenders are caught, convicted, and in prison." Fact: Only a fraction of those who commit sexual assault are apprehended and convicted for their crimes." Well, if only a small number of actual sexual offenders/re-offenders are ever convicted, how can you possibly conclude that only a small number of offenders re-offend based on the re-conviction rate? The answer is, you can't, unless you're deliberately trying to manipulate the data to fit your agenda. I'd be more open minded to this issue if those involved didn't spend so much time trying to mislead us.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#9)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:53:03 PM EST
    worst. family. ever.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#10)
    by Wile ECoyote on Sat Dec 17, 2005 at 12:53:03 PM EST
    Fred: If you don't mind, how about explaining how exactly this law targets people who have commited no crime. How about you help me out and answer your last papgraph for me. I may learn.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#11)
    by sarcastic unnamed one on Sat Dec 17, 2005 at 12:53:04 PM EST
    "Sex offender treatment works. In Vermont, the recidivism rate was 7% for sex offenders who received treatment." It should be noted that all the offenders in the studies above voluntarily participated in the treatment programs...they wanted to change their behavior. AA, for example, only works if you choose to want to stop drinking.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#12)
    by roy on Sat Dec 17, 2005 at 12:53:04 PM EST
    It should be noted that all the offenders in the studies above voluntarily participated in the treatment programs...they wanted to change their behavior.
    Good point. I looked at a best-case number to gloss over my dodgy math. If I apply my statistical jive to a more realistic group... From the Myths and Facts page:
    ...rapists had a 19% reconviction rate for sexual offenses
    If only 10% of sex crimes result in conviction, then rapists actually have a 190% recidivism rate. So when a rapist is released from prison, it creates an alternate reality, and the rapist will probably reoffend in both realities. (Sorry, I have a head cold, I can't tell if this is funny or not)

    Re: Florida Enacts New Sex Offender Law (none / 0) (#13)
    by Mreddieb on Sat Dec 17, 2005 at 12:53:05 PM EST
    I fear the this law will only result in more Dead Children. Those who have children taken would gladly trade the Perverts prison sentence for their childs life. I don't think we are capable of dealing with this problem rationally at this time. A molested child is bad. A DEAD molested child is what we'll get.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#14)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:53:05 PM EST
    It's true that one event shouldn't determine legislation. However, I think that this event made people realize that our punishments for sex offenders are too lenient. I'm looking at the actual Bureau of Justice study and two things jump out at me: * On average the 9,691 sex offenders served 3 1/2 years of their 8-year sentence. * Compared to non-sex offenders released from State prisons, released sex offenders were 4 times more likely to be rearrested for a sex crime. So, it depends on how you look at this study.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#15)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:53:05 PM EST
    To BB: Sorry, BB, Blagh didn't notice your intitial query. Blaghdaddy is the author's alter-ego, and so the author feels silly saying "I" when Blaghdaddy's speaking, so the author simply tells the world what Blaghdaddy has to say...

    Re: Florida Enacts New Sex Offender Law (none / 0) (#16)
    by BigTex on Sat Dec 17, 2005 at 12:53:05 PM EST
    It should be noted that all the offenders in the studies above voluntarily participated in the treatment programs...they wanted to change their behavior. Seems like you have percisley argued why this law is a bad law. For those who want to change their ways, and go through the program, it's a travesty to clump them together with those who want to go out and prey on little kids again. The ones who want to change should be given special treatment. Why? Becasue they are no longer a threat to society. What's the purpose of lumping them together with the other offenders? The specific deterrence value is gone, they are not repeating again (at least not at rates higher than any run of the mill crime.) The general deterrence value is uneffected. The equity in sentencing argument is not valid since the ones who want to change their ways ahve participated in extra treatment in prison so they have been though extra processes. All your lefy with is a reactionary measure. Reactionary laws are almost always too harsh, and this seems like another example. -BigTex P.S. Is there some why to have the blog remember who I am so I don't have to log for each post?

    Re: Florida Enacts New Sex Offender Law (none / 0) (#17)
    by sarcastic unnamed one on Sat Dec 17, 2005 at 12:53:05 PM EST
    PP, I'm neither arguing for nor against this law. However it does occur to me that a long hitch in jail may well be the catalyst that causes in some sex offenders a desire to change that they would not have had absent significant punishment. And as there is still a significant re-conviction rate (and who knows how high an actual re-offense rate) among those who choose to go through such programs, characterizing those who want to change as "no longer a threat to society" is a stretch at best.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#18)
    by sarcastic unnamed one on Sat Dec 17, 2005 at 12:53:05 PM EST
    Ms. Antoinette, "Compared to non-sex offenders released from State prisons, released sex offenders were 4 times more likely to be rearrested for a sex crime." This is either an example of horrendous writing skills (not yours) or a deliberate attempt to mislead. What this sentance actually says is that of all State released convicts, those originally convicted of sex offenses are arrested (again) for sex crimes at 4X the rate that those who were not originally convicted of sex crimes are arrested for sex crimes. However, if you read it quickly, you might come away with the impression that it says that sex offenders reoffend 4X more than non-sex offenders.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#19)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:53:05 PM EST
    Recidivism is moot with this bill as they will spend a third of their lives incarcerated. It is definitely a reactionary bill.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#20)
    by DawesFred60 on Sat Dec 17, 2005 at 12:53:05 PM EST
    To; wile E. Coyote, ask one thing have laws really worked? should people take responsibly for the kids, where are the mothers and fathers? laws cannot make kids safe, only a family can do that, the laws you asked about being used against people who have not committed a crime like this insane non law! its been done before; so check-out-why! do the research, check out how many scapegoats we will see out of this one, its a sad world, but we live in a sad world.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#21)
    by krazycory on Sat Dec 17, 2005 at 12:53:06 PM EST
    there is no cure for these sick s.o.b.s i was around a few of them when i was locked up then when i went to a halfway house it was 2/3 sex offenders and they all think just because they go to church they have repented and everything is just fine and dandy they are all sick and twisted!! they have minimum mandatory sentencing for drug offenders i think its about time they did something with the mo's if they molest a child they should never get out!! and while they're in the big house they should be put into general population with a different colored shirt so that all of the guys on the yard can see what they are

    Re: Florida Enacts New Sex Offender Law (none / 0) (#22)
    by Richard Aubrey on Sat Dec 17, 2005 at 12:53:06 PM EST
    The law refers to those who prey on children. Why on earth does it matter if they did so with violence or withot violence? Considering the size and power differential, violence is hardly necessary, anyway. Why is it important that a non-violent child molester be released before a violent child molester? Why is it important that a non-violent child molester have more access to kids than a violent child molester?

    Re: Florida Enacts New Sex Offender Law (none / 0) (#23)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:39 PM EST
    In Arizona it's 35 years MINIMUM for a sex crime against a kid under 12. Though I don't know of any studies or data on the subject, it's widely believed by those who work in the criminal justice system that sentences this long have led to more murders of molested children. If you're going to get life if you're caught, you might as well kill the kid. Terrible, but I suspect it's why a lot of the kids who go missing are never found.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#24)
    by DawesFred60 on Sat Dec 17, 2005 at 12:58:39 PM EST
    To; larry the litigator, good points, but still ask why we have this happening inside the land of freedom? many child molesters were molested as kids, if you look back 30 to 60 years ago this kind of evil was not talked about, and for that we now are paying the full price, the fact is prison is as evil a place as can be. but also remember we make our own evil.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#25)
    by Johnny on Sat Dec 17, 2005 at 12:58:39 PM EST
    fred makes total sense after my 7th Grainbelt... I feel he has read some naughty books implicitly banned by mainstream capitalist (Actually corporate welfare state) America... Ishmael? Final Empire? A Language Older Than Words? IM me Fred if you have read these books

    Re: Florida Enacts New Sex Offender Law (none / 0) (#26)
    by Richard Aubrey on Sat Dec 17, 2005 at 12:58:39 PM EST
    Larry, you're presuming there are large numbers of disappeared kids. There was a bout of hysteria about it years ago, leading some to wonder where the bone piles were. Truth outed, and it turned out to be about a hundred, not the thousands. And that was years ago. It's unlikely the perps plan as you say they do, although some may. A guy in Texas, named McQuay, said that would be his new plan when he got out.

    Re: Florida Enacts New Sex Offender Law (none / 0) (#27)
    by Mreddieb on Sat Dec 17, 2005 at 12:58:39 PM EST
    I fear the this law will only result in more Dead Children. Those who have children taken would gladly trade the Perverts prison sentence for their childs life. I don't think we are capable of dealing with this problem rationally at this time. A molested child is bad. A DEAD molested child is what we'll get. I wonder if anyone here has some alternative ideas to this knee jerk response pedifilia and child abduction?

    Re: Florida Enacts New Sex Offender Law (none / 0) (#28)
    by Mreddieb on Sat Dec 17, 2005 at 12:58:39 PM EST
    I fear the this law will only result in more Dead Children. Those who have children taken would gladly trade the Perverts prison sentence for their childs life. I don't think we are capable of dealing with this problem rationally at this time. A molested child is bad. A DEAD molested child is what we'll get. I wonder if anyone here has some alternative ideas to this knee jerk response pedifilia and child abduction?

    Re: Florida Enacts New Sex Offender Law (none / 0) (#29)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:40 PM EST
    Ed B.... I wonder if anyone here has some alternative ideas to this knee jerk response pedifilia and child abduction? This is anything but 'knee jerk'. There has been waaaaay too many abductions in the last 4 or 5 months...(many in Fla.) and most of these are REPEAT offenders. Tell me why a guy with 20 something arrests (for anything, much less child molesting) should be out running the streets?

    Re: Florida Enacts New Sex Offender Law (none / 0) (#30)
    by Mreddieb on Sat Dec 17, 2005 at 12:58:40 PM EST
    BB Thanks If you read my post I asked for New ideas. If you have one, I'm open. I do get your anger though but rage more times than not results in thoughtless and knee jerk revengeful responses. The delima we face is the unintentional result of severe punishment. Faced with the possibility of 30 years to life may lead to the Murder of the victim and the only witness to the pedifiles' crime. So in our response to past Horrific crimes do we in our response condemn future victims of these terrible crimes to face murder too!

    Re: Florida Enacts New Sex Offender Law (none / 0) (#31)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:41 PM EST
    Ed B... I just heard on the radio that Houston is due to release some repeat offender for good behavior... (seeing as how there are no little kids in prison to molest this is a no brianer) and the family of the victims are up in arms because this guy has gone on public record that he will kill the next child he molests. What to do....??? Let him out & take our chances he was just kidding?? You live anywhere near Houston?? My (not so) new idea?? Lock him up & throw away the key! How's that?

    Re: Florida Enacts New Sex Offender Law (none / 0) (#32)
    by Mreddieb on Sat Dec 17, 2005 at 12:58:41 PM EST
    BB I'm sorry you just don't get it! I don't think we should turn this into a Pissing match. But you haven't come up with anything but ways that will end up with the MURDER of future innocent children. You seem to think I support Child Molestation, You couldn't be more wrong on that issue. Are you all right with having the deaths of innocents on your shoulders because of your anger and need for revenge? You see, I think you know how I felt when you implied I thought it was ok if a pedifile repeats his crime. Lets not accuse each other lets work to find solutions that achieve everyones goal, a safe world for all our children. Peace :)

    Re: Florida Enacts New Sex Offender Law (none / 0) (#33)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:42 PM EST
    Ed B... But you haven't come up with anything but ways that will end up with the MURDER of future innocent children No Ed, you don't get it..... He can't murder anybody if they keep his ass in jail! I didn't imply, nor do I think, you support child molestation. The Bottom line is this.. (it isn't new but it will work).. you don't wait for these freaks to committ their 20th crime before you lock them up for good. This isn't rocket science.... Time after time after time all we hear is how this offender has a loooooong criminal record... how that offender has been arrested for this several times...etc..etc. KEEP THESE GUYS OFF THE STREETS... and they can't murder anybody. The example I cited about the guy being turned lose in Houston is all too familiar! We'll be hearing about his next victim soon.... I'll even give you odds! This has got to stop!

    Florida Enacts New Sex Offender Law | 33 comments (33 topical)