8-14-2002 Hawaii:
A 32-year-old Hilo man was sentenced to three years and five months in federal prison yesterday for possessing computer diskettes containing child pornography.
U.S. District Judge David Ezra noted Jed Abregana had a "terrible history of recidivism" and the harm to children from child pornography offenses was "profound and measurable."
Because Abregana was on probation for a prior state conviction for sexual abuse of a minor, his probation was revoked, and he was sentenced to 10 years in state prison with the possibility of parole.
U.S. Attorney Edward Kubo Jr. said the case originated from an undercover Internet operation conducted on the mainland. Postal inspectors and investigators from the state attorney general's office of Pennsylvania posted an advertisement for videotapes, which contained child pornography.
Abregana's twin brother, Jay, responded to the advertisement and sent the undercover agent diskettes containing child pornography. Agents recovered pictures of Jay Abregana and what appeared to be an underage male engaged in sexual activity, Kubo said.
Jay Abregana expected to receive videotapes containing child pornography in return for the diskettes, Kubo said.
On Aug. 28, 2001, authorities obtained a search warrant for Jay Abregana's home and found child pornography that belonged to both Abreganas.
Jay Abregana pleaded guilty to mailing child pornography to an undercover agent in Pennsylvania and was sentenced to 44 months in federal prison by District Judge Helen Gillmor.
The U.S. Postal Inspection Service's child exploitation section in San Francisco, Hawaii County Police Department, Federal Bureau of Investigation and the U.S. Customs Service were involved in the investigation. ..News Source.. by Rosemarie Bernardo
August 9, 2008
HI- Hilo man gets 3 years for having child porn
November 28, 2007
The effects of punishment on recidivism
May 2002
Question
Does punishment of offenders reduce their re-offending?
Background
In the mid-1970s, there was a noticeable shift in criminal justice policy in the United States, and less markedly in Canada. Emphasis was directed away from offender rehabilitation programming toward punishment in order to control recidivistic crime. The use of incarceration increased substantially in many jurisdictions and sentences of imprisonment became longer. In addition to the increased use of incarceration, the last 25 years saw an explosion in the use of intermediate sanctions.
Intermediate sanctions represent a range of punishments falling between traditional probation and imprisonment. They include intensive probation supervision, electronic monitoring, boot camps and short periods of incarceration followed by intensive surveillance in the community ("shock incarceration"). Underlying these punitive approaches to criminal behaviour is the belief that criminal justice sanctions will deter offenders from re-offending.
Method
A meta-analytic review of the literature on the effects of criminal justice sanctions on recidivism was conducted. Meta-analysis provides a quantitative synthesis of the research literature and this method is widely regarded as superior to the more traditional narrative literature review.
The literature search identified 111 studies that examined the association between various criminal justice punishments and recidivism. Over 442,000 offenders were involved in these studies. The review included studies of imprisonment and intermediate sanctions. Noteworthy in the review were analyses of the findings with different types of offenders (e.g., juveniles, women, minorities).
Answer
The overall findings showed that harsher criminal justice sanctions had no deterrent effect on recidivism. On the contrary, punishment produced a slight (3%) increase in recidivism. These findings were consistent across subgroups of offenders (adult/youth, male/female, white/minority).
Compared to community sanctions, imprisonment was associated with an increase in recidivism. Further analysis of the incarceration studies found that longer sentences were associated with higher recidivism rates. Short sentences (less than six months) had no effect on recidivism but sentences of more than two years had an average increase in recidivism of seven per cent.
Intermediate sanctions demonstrated no relationship with recidivism. This category included studies of intensive supervision, fines, boot camps, electronic monitoring, scared straight, drug testing and restitution. Once again, no differential effects were found with respect to age group, gender and race.
Policy implications
Criminal justice policies that are based on the belief that "getting tough" on crime will reduce recidivism are without empirical support. Imprisonment and other criminal justice sanctions should be used for purposes other than reducing re-offending (e.g., incapacitation of dangerous offenders, denunciation of prohibited behaviour).
The lack of suppression effects across different offender groups indicates that applying sanctions selectively to specific groups is without merit. For example, imprisonment and intermediate sanctions were no more effective in reducing recidivism among youthful offenders than with adult offenders.
The ineffectiveness of punishment strategies to reduce recidivism further strengthens the need to direct resources to alternative approaches that are supported by evidence. Research based offender rehabilitation programs offer such a viable alternative for reducing recidivism. ..more..
Source
Smith, P., Goggin, C., & Gendreau, P. (2002). The effects of prison sentences and intermediate sanctions on recidivism: General effects and individual differences. (User Report 2002-01). Ottawa: Solicitor General Canada
October 18, 2007
Research and literature on sex offenders with intellectual and developmental disabilities
May 2002
Abstract
The present paper sets out to review the literature on several aspects of sex offenders with intellectual and developmental disabilities, including the relationship between sex offending and developmental disabilities, the prevalence and characteristics of sex offenders in this client group, assessment, treatment, and outcome of intervention. Several important variables were identified as influencing the disparate results found in different prevalence studies. These include variations in inclusion criteria, differences in the source of the sample, differences in determination of IQ, the impact of deinstitutionalization, and the effect of changing social and penal policies in the area where studies have been conducted. Although some studies have suggested an increasing incidence, there is no clear evidence for the over- or under-representation of people with developmental disabilities amongst sex offenders. One of the main methodological flaws in several reports listing the characteristics of sex offenders is that considerations are based on clinical samples. Therefore, there is no control group to show that these characteristics do not exist in other samples of individuals with intellectual disability (ID). It does appear that sex offenders with ID are more likely to commit offences across categories and to be less discriminating in their victims. There may also be an association with sexual abuse in childhood. The primary issue considered has been assessment of competency, in that people with ID are considered to be disadvantaged by the criminal justice process. While several authors have delineated the important areas for assessment, there are few assessment measures with robust psychometric properties. Pharmacological, behavioural, educational and cognitive treatments are reviewed.
Several comprehensive treatments which include all of the aforementioned methods are also considered. Although most studies do not report particularly positive outcomes, several authors have found better outcomes with treatment lasting at least 2 years. ..more.. by W. R. Lindsay, NHS Tayside and University of Abertay, Dundee, UK
September 22, 2007
Privacy and Human Rights 2002
An International Survey of Privacy Laws and Developments
Executive Summary
This annual report by EPIC and Privacy International reviews the state of privacy in over fifty countries around the world. It outlines legal protections for privacy, and summarizes important issues and events relating to privacy and surveillance. A major focus of the 2002 report has been to document the effects of September 11, 2001 on privacy and civil liberties. In response to the events of that day, specific anti-terrorism measures have been introduced in Australia, Austria, Canada, Denmark, France, Germany, India, Singapore, Sweden, the United Kingdom and the United States. Another significant development was the adoption, in June 2002, of the European Union’s Electronic Communications Privacy Directive. This Directive allows European Union member states to enact laws requiring Internet Service Providers, and other telecommunications operators, to retain the traffic and location data of all people using mobile phones, text messaging, land-line telephones, faxes, e-mails, chatrooms, the Internet, or any other electronic communication devices, to communicate.
Such data retention schemes are already in place in Belgium, France, Spain and the United Kingdom and have been proposed in the Netherlands. In New Zealand a law granting significant new interception authority to law enforcement is also pending. Among all of these measures, it is possible to identify a number of trends including: increased communications surveillance and search and seizure powers; weakening of data protection regimes; increased data sharing; and increased profiling and identification. While none of the above trends are necessarily new; the novelty is the speed in which these policies gained acceptance, and in many cases, became law.
On the other hand, the report finds that efforts to pass new data protection laws or to strengthen existing laws are continuing in Eastern Europe, Asia and Latin America. In August 2001, Peru enacted a data protection law covering credit reporting agencies and, in March 2002, created a Commission to draft a more comprehensive law. In Bulgaria, a new Personal Data Protection Act came into effect in January 2002. In Estonia, the Government is currently working on an amendment bill to the Data Protection Act to bring it into full compliance with the 1995 European Union Data Protection Directive. Poland ratified the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (ETS No. 108) in May 2002. In Slovakia, an amended data protection law has been introduced and is expected to take place in September 2002. In 2001, Slovenia amended its Data Protection Act in order to establish an independent supervisory authority. A Personal Data Protection Act is pending in Malaysia. In Japan, two new anti-spam laws were adopted in 2002. In Singapore a National Internet Advisory Committee issued a Model Data Protection Code for the Private Sector in February 2002.
In addition, laws or codes to protect privacy in the workplace are gaining more prominence. In Finland, a new law on Data Protection in Working Life entered into force in October 2001. In December 2001, the President of the Russian Federation, signed into law the new Labor Code which includes protection of personal data. The United Kingdom Privacy Commissioner has drafted a fourpart code on data protection in the workplace. The first of these, relating to privacy in the recruitment and selection process was issued in March 2002. The second, on employee monitoring, was released for public comment in April 2002.
In Sweden, a national committee issued a proposal in March 2002 recommending specific legislation to protect the personal information of current employees, former employees and employment applicants in both the private and public sectors. In May 2002, the European Union Article 29 Data Protection Working Party issued a working paper on monitoring and surveillance of electronic communications in the workplace. In June 2002, the Hong Kong Data Protection Commission issued a draft a code of practice on workplace for public consultation. The new European Union Electronic Communications Directive, while leaving open the possibility of data retention in the members states, has also established important safeguards for information transmitted across the Internet. It prohibits unsolicited commercial marketing by e-mail (spam) without consent, and protects mobile phone users from precise location tracking and surveillance.
During the year new Freedom of Information Laws were passed in Peru and Mexico and went into effect in Poland. ..more.. by Electronic Privacy Information Center, Washington, DC, USA -and- Privacy International, London, United Kingdom
September 16, 2007
FACTORS ASSOCIATED WITH VIOLENCE IN STALKING AND
2002
Abstract:
Differentiating which stalkers represent a significant risk of violence from those who pose less risk has significant implications for victims, clinicians, and the legal system. The authors analyzed 204 stalking and harassment cases referred for court-ordered mental health evaluation in New York City between 1994 and 1998 to identify correlates of violent behavior. Violence, defined as any unwanted physical contact or confrontation with a weapon, occurred in 34% of cases, although severe violence occurred in only 12 cases. A multivariate logistic regression analysis containing five variables (age below 30, less than high school education, minority race, prior threats, and previous intimate relationship between victim and offender) was applied to an ROC analysis, yielding an area under the curve of .803. The implications of these data for risk assessment in stalking and harassment are discussed. ..more.. by BARRY ROSENFELD, Fordham University, RONNIE HARMON, Bellevue Hospital Forensic Psychiatry Clinic
Stalking and its effects
Pak J Med Sci. January - March 2002, 18(1) 36-41
Objective: To examine the social, occupational, psychological and emotional effects of stalking.
Method: A group of 100 subjects of stalking who attended psychiatry O.P.D. at Jinnah Hospital and Private Clinic of the authors for advice and help were included in this study.
Subject: One hundred subjects (88 females and 12 males) with age range 18-45 years from city of Lahore.
Results: Majority of the victims were subjected to multiple forms of harassment including being followed, repeatedly approached, received many letters and telephone calls for period varying from 6 weeks to 6 months. Threats were received by 58 subjects and 38 were physically assaulted; majority (94%) victims made major changes in their social and work lives with 52% having decreased work capacity and 12% moving their place of residence. Increased levels of anxiety were reported by 83%, aggressive or guilt thoughts 65%, intrusive recollections by 55%, with changes in appetite 48%, disturbance in sleep 74% and suicidal ruminations were acknowledged by 12% of the subjects. Forty seven percent full filled criteria for diagnosis of post traumatic stress disorder with further 38% having the evidence of numbness to responses.
Conclusion: This study indicates the extent of the social, occupational and psychological damage sustained by the subjects of persistent stalking and underlines the inadequacy of current legal, medical responses to the needs of these subjects. ..more.. by Shamaila Ijaz Haider -and- Ijaz Haider (Have PDF Copy on Disk)
June 30, 2007
Rape and Sexual Assault: Reporting to Police and Medical Attention, 1992-2000
August 2002 NCJ 194530:
Abstract:
Presents information on the consequences of rape and sexual assault for female victims. The study provides the percentages of completed rape, attempted rape, and sexual assault of females that were reported to the police in 1992-2000. The report provides the percentage of victims that were injured and treated from a completed rape, attempted rape, or sexual assault. It presents the percentage of those who reported to the police, and the percentage of those victims who received treatment and whose victimization was reported to the police.
Highlights include the following:
All rapes, 39% of attempted rapes and 17% of sexual assaults against females resulted in injured victims, 1992-2000.
When a rape or sexual assault was reported to the police, the victim was the most likely to report it.
45% of injured female victims of a reported attempted rape compared to 22% of injured victims of an unreported attempted rape received medical treatment, 1992-2000
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Reasons for not reporting to law enforcement authorities:
When victims of rape, attempted rape, and sexual assault did not report the crime to the police, the most often cited reason was that the victimization was a personal matter:
Rape: personal matter, 23.3%; fear of reprisal, 16.3%; police biased, 5.8%.
Attempted rape: personal matter, 16.8%; fear of reprisal, 11.3%; protect offender, 9.9%.
Completed and attempted sexual assault: personal matter, 25.3%; reported to different official, 12.4%; fear of reprisal, 11.3%.
The victim-offender relationship and informing the police:
The closer the relationship between the female victim and the offender, the greater the likelihood that the police would not be told about the rape or sexual assault.
When the offender was a current or former husband or boyfriend, about three-fourths of all victimizations were not reported to police (77% of completed rapes, 77% of attempted rapes, and 75% of sexual assaults not reported).
When the offender was a friend or acquaintance, 61% of completed rapes, 71% of attempted rapes, and 82% of sexual assaults were not reported.
When the offender was a stranger, 54% of completed rapes, 44% of attempted rapes, and 34% of sexual assaults were not reported to the police.
..more..
June 27, 2007
A 25-Year Follow-Up of Cognitive/Behavioral Therapy with 7,275 Sexual Offenders
2002:
Abstract:
Outcome data are presented, grouped into 5-year cohorts, for 7,275 sexual offenders entering a cognitive/behavioral treatment program. Assessment variables included treatment completion, self-admission of covert and/or overt deviant behaviors, the presence of deviant sexual arousal, or being recharged for any sexual crime (regardless of plea or conviction).
It proved possible to follow 62% for the cohort at 5 years after initiating treatment, but follow-up completion rates decreased with time. Outcomes were significantly different based on offender subtype, with child molesters and exhibitionists achieving better overall success than pedophiles or rapists. Prematurely terminating treatment was a strong indicator of committing a new sexual offense.
Of interest was the general improvement of success rates over each successive 5-year period for many types of offenders. Unfortunately, failure rates remained comparatively high for rapists (20%) and homosexual pedophiles (16%), regardless of when they were treated over the 25-year period. Implications for clinical practice and future research are drawn. ..more.. by Barry M. Maletzky, Oregon Health Sciences University -and- Cynthia Steinhauser, The Sexual Abuse Clinic
SEX OFFENDER TREATMENT PROGRAMS
2002:
Abstract:
Although the number of convicted sex offenders grew from 2,768 in 1990 to 3,875 in 1995, the rate of reported sexual offences generally declined in recent years. In 1997, the rate of reported sexual offences was 101 per 100,000 people, a massive decline from a high of 135 per 100,000 people in 1993. Furthermore, there is an increasing amount of research that supports the idea that sex offenders can be treated successfully to allow them to lead crime free lives upon release. For example, one recent meta-analysis found that, across several studies, 19% of treated sex offenders and 27% of untreated sex offenders sexually recidivated. Given research such as this and the experience of the John Howard Society in working with sex offenders, the rest of this paper rests on the presumption that sex offenders are treatable and treatment programs do work. The question is: How can sex offenders be treated most effectively? Overall, research has found that sexual recidivism for all sex offenders is quite low, with rates of only 10% to 15% five years after release. Also, research has found that sex offenders can be categorized into three groups that have different recidivism rates and, thereby, require different treatments. These groups are incest child molesters who victimize related children, rapists who victimize adult women and non-incest child molesters who victimize unrelated children. ..more.. by John Howard Society of Alberta Canada
May 30, 2007
Managing Unacceptable Risk: Sex Offenders, Community Response, and Social Policy in the United States and Canada
Abstract:
This article compares the community protection–risk management model for the control of sex offenders with the clinical and justice models that preceded it and with a restorative justice alternative based on the principle of community reintegration. The author discusses how this community protection–risk management model reflects the new penology as well as the fusion of panopticism and synopticism. The author also discusses the model’s actual and potential social costs. He concludes with a brief look at circles of support and accountability. This Canadian approach involves setting up support circles of volunteers who enter into a covenant with persons designated as high-risk sex offenders to help them both to integrate into the community and to reduce the likelihood that they will reoffend. ..more.. by Michael G. Petrunik, Criminology Department, University of Ottawa, Canada
May 28, 2007
Analysis of Risk Factors Contributing to the Recidivism of Sex Offenders on Probation
Published October 2002 NCJ 203905
Utilizing a sample of probationers in Maricopa County, AZ, this federally supported study attempted to identify static and dynamic factors that predict success or failure among adult sex offenders while on probation between 1997 and 1999.
Abstract:
A growing body of literature, which looks at probation success among a variety of offenders has done little to investigate the factors associated with probation outcomes for sex offenders. However, a number of static and dynamic factors have been associated with sex offenders’ likelihood of failure after release from prison. An analysis, supported by the U.S. Department of Justice, National Institute of Justice was conducted of 419 adult male sex offenders who entered probation in Maricopa County, AZ between 1997 and 1999. The analysis attempted to examine the success of each probationer for a period of 21 to 51 months after entry to probation. Data were collected on 21 static or historical factors, such as age, race, education, marital status, employment status, and prior alcohol or drug abuse and 16 dynamic factors, such as living alone, positive social supports, current alcohol and other drug problems, motivation to change, and assessed emotions, and analyzed the relationship of each factor to probation failure. Both the likelihood of failure and the time to failure were examined.
Select findings include: (1) a technical violation while on probation was found to be significantly associated with 9 of the 21 static factors and 11 of the 16 dynamic factors; (2) arrest for a new offense was associated with 6 static factors and 5 dynamic factors; and (3) probation failure was found with 7 of the static factors and 10 dynamic factors. Factors which were not associated with any of these criminal justice outcomes were: prior treatment for drug or alcohol abuse, prior mental health treatment, entry to probation from prison or jail, life time probation, age of victim, relationship to victim, and force used in the offense. Factors associated with all three outcomes were marital status, employment status, prior use or abuse of drugs, presence of alcohol or drugs at the offense, current problem with alcohol or drugs, motivation to change, and acceptance of responsibility for offense. Study limitations are presented and discussed. Tables and references ..more.. by John R. Hepburn -and- Marie L. Griffin, Arizona State University
