Thursday, August 30, 2012

IN - Sex Offender To Court: 'I Shouldn't Have To Register'

He is right! If the Constitution still meant anything, this would be knocked down as an unconstitutional ex post facto law. Cindy Oetjen is the typical prosecutor, she could care less about the constitution and facts. The facts are, that sex offenders have one of the LOWEST recidivism rates of all other criminals, and she'd know that if she'd look at the facts. And if we must have an online hit-list for ex-sex offenders, then we should have one for ALL criminals.

Video Description:
A man convicted of rape and child abuse in Massachusetts said he shouldn't have to register as a sex offender in Indiana because he moved here before the registry laws went into effect in either state.


NY - Sex Offenders: Rights vs. Protection

Video Description:
Attorney, Bradford J. Sussman, discusses rights, protection, punishment and treatment of this complex and sensitive subject with New York Law Professor and sex offender expert, Heather Cucolo.

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CA - Lake County man (Ivan Oliver) gets prison in killing of neighbor he THOUGHT was child molester

Ivan Oliver
Original Article

Yet another example of the growing number of people murdered in cold blood due to the online hit-list sponsored by the US Government. This is exactly why the registry needs to be taken offline and used by police only!

08/29/2012

By GLENDA ANDERSON

A Lake County man was sentenced Wednesday to 32-years-to-life in prison for killing a neighbor he mistook for a convicted child molester.

Ivan Oliver, 34, was convicted two weeks ago by a jury of first-degree murder for stabbing [name withheld] 65 times at a Lakeport mobile home park.

He also was found guilty of a special allegation of using information from the Megan’s Law website to commit a felony. A confusing entry led Oliver to believe [name withheld] was a convicted child molester. [name withheld], 67, was listed for being a serial rapist of adult women. He’d served more than 20 years in prison for his crimes and had been released just a month before he was killed.
- It doesn't matter if the information was confusing or not, the fact is, he used the online registry (hit-list) to hunt down and murder someone in cold blood, and this is exactly why the registry needs to be taken offline and used by police only!  Even if the information was correct, he would've hunted down someone else, probably.

Oliver had previously been convicted of stabbing a security guard who confronted him after he and some friends left a restaurant without paying.

At trial, Oliver testified he killed [name withheld] in self-defense. Oliver said he believed [name withheld] may have touched his son and that [name withheld] tried to stab him after he confronted him.

Oliver claimed he grabbed the knife and, out of fear, began blindly stabbing [name withheld].

Lake County Chief Deputy District Attorney Richard Hinchcliff said Oliver will be eligible for parole when he’s 61 years old but he’s likely to spend the rest of his life in prison.

Between his prior history and the brutality involved, I don’t ever expect him to get released,” he said.


AUSTRALIA - More could be suppressed under sex offender register

Original Article

08/31/2012

By Aleisha Orr

An organisation that provides housing for released prisoners is concerned its properties and its clients’ wellbeing could be compromised if their photographs and postcodes are published on the state government's impending sex offender register.

Outcare is considering applying for court suppression orders on details of child sex offenders who they say are sometimes treated unfairly by the community, to avoid such issues.

Suppression orders are usually requested by the prosecutor and the decision to suppress information is made by the presiding judge.

Unless details such as the intended suburb of the offender are suppressed, the information is publicly available in the court documents and can be published in the media.

Outcare chief executive Peter Sirr said child sex offenders were unfairly focused on.

"The reality is that there are a lot of offenders who've done nasty things who aren't identified," Mr Sirr said.

He pointed out that not as much fuss was made about murderers and where they lived.

Mr Sirr said while generally the neighbours in homes surrounding the offender's accommodation knew what the property was used for, it was often easier for the community not to be made aware of specific cases.

"Sometimes it's an extra burden on them (the released prisoner,) identifying them to the community," he said.

"Why give the opportunity for vigilantism and social exclusion."

Mr Sirr said the organisation had not previously asked for suppression orders to be placed on information regarding the released prisoner's identity or where they would be housed but said it could in the future.

He said the introduction of the register would make it more difficult for sex offenders to live in communities without facing negative attention.

That is why the organisation could consider whether it was worth attempting to have details suppressed in future cases when offenders were considered for release.

"We might consider just the photo, or the suburb or ask for them to be placed in a less severe tier of the register," Mr Sirr said.

He said in the past the organisation had to move a convicted sex offender after he was identified by a member of the public.

"It caused concern, a person was uncomfortable so we shifted him," Mr Sirr said.

At a Supreme Court hearing considering the release of a notorious sex predator in Perth earlier this month, an organisation (not Outcare) requested a suppression order on the address and suburb details of a sex offender should he be released from prison.

The order was requested because of concern for the security of the property and indications were made that if these details were not suppressed the property would not be made available to the offender.

While the order was not initially granted, it was expected to be reconsidered before a final decision is made.

Mr Sirr said his organisation only took on people who they assessed and believed would have an appropriate level of support for them not to reoffend.

"With the right support these people can come back into the community and not be a trouble," he said.

Police Minister Liza Harvey said that exact addresses of offenders would not be disclosed as part of the sex offender register but "general localities" would be.

It is understood "general localities" refers to postcode areas and more detailed information is often provided in court documents.

"In disclosing the general locality of certain serious sexual offenders, the government has carefully weighed up the various competing concerns," she said.

"The legislation reflects our position that community safety must always take priority over other concerns, and we make no apologies for this approach."

Mrs Harvey said preparations for the register were under way and she expected it to begin operation sometime in October.

"Preparations for the website have involved police writing to each offender who is eligible for the site and giving them 28 days to respond, consulting with victims of crime as is required under the legislation, as well as developing the architecture of the website," she said.


Federal Prison Guidebook

Original Article

08/29/2012

By Todd Bussert

I am pleased to announce my involvement with the 2012-2014 edition of Alan Ellis’s Federal Prison Guidebook, which is now available through James Publishing. Among other things, this edition of the Guidebook offers a new, comprehensive chapter concerning the federal Bureau of Prisons’ 500-hour drug abuse program (RDAP) as well as a chapter devoted to pre-release placement, both halfway house (RRC) and home confinement, in the wake of the Second Chance Act. More information about all that the Guidebook offers can be found here.


UK - Sex Offender Lie Detector Tests 'A Success'

Original Article

Well from almost everything I've heard, "lie detectors" are junk science to scare the person into believing it works, and you are at the mercy of the person reading it, as can be read about here, plus, recidivism is already low, so they are basically wasting even more money by pushing pseudo-science into the mix, and claiming the recidivism is low because of it, which is not true.

08/30/2012

By Mark White

A pilot requiring high-risk sex offenders to have regular lie detector tests has had a significant impact on cutting re-offending, according to organisers.
- So where is the proof of this statement?  I don't buy it!

The Government is planning to roll out mandatory polygraph tests for high risk sex offenders across England and Wales following the success of the trial.

It was carried out in the East and West Midlands between April 2009 and October 2011.

More than 600 sex offenders who were freed on licence were tested every six months in an attempt to find out if they had breached the terms of their release.
- Many ex-offenders follow all the rules and regulations, even if they are draconian, for fear of going back to prison, and recidivism, as I mentioned above, is already low.  So they are trying to justify what is already known based on more junk science, IMO.

The pilot identified that offenders were two to three times more likely to admit to potential breaches of their licence, often before they had even undergone the test procedure.

Those in charge of the study believe the pilot prevented numerous new offences from being committed.
- So believing and actual proof are not the same thing.

Pilot organiser Professor Don Grubin said: "Successes of course are always invisible, but I have no doubt that a number of offences were prevented in the course of the pilot.
- So here he admits it, but it's his "belief" that is worked, not based on facts.  I just wonder, does the person doing this study have a business with polygraphs?  If so, then he/she is probably saying this to get a lot of money, if they believe him/her and spend all the money to get the devices.

"On some occasions it's offenders who have been recalled to prison who said if they hadn't been recalled when they were, they would have reoffended."

In one example, an offender who had previously assaulted an eight-year-old girl - groomed through friends of his partner's children - was found to be lying about contact he had with his partner.

Authorities discovered he had booked guest house accommodation where he planned to meet his partner and her children. He was immediately recalled to prison.
- So, what does that prove?  Did he sexually abuse anybody else?

The Placebo Effect
In another case, a man released on licence for rape and attempted rape, admitted in his pre-polygraph interview that he had masturbated outside near a public footpath and had been in contact with other sex offenders. He was also taken back into custody.
- So again, he was sent back to prison on his own word, not based on what the polygraph showed.

Polygraph tests measure blood pressure, heart rate, breathing and levels of perspiration. These vital signs display subtle changes when someone is deliberately evasive and polygraph experts can usually determine if that person is lying.

Studies have shown that polygraph tests are accurate around 85% of the time.
- What studies?  Care to show us?

Ministers believe they are particularly effective in helping offender management teams determine whether the likes of paedophiles and rapists are complying with the terms of their licence.

Probation Minister Crispin Blunt said: "I think it's going to be an important tool for probation officers in managing sex offenders on licence in that second part of their licence when they've been released from custody and are liable to recall to prison if their behaviour gives any cause for concern."
- It's like the Brinks security systems, they scare you into buying it, this is no different, IMO.

An offender can be immediately returned to prison if the lie detector test, coupled with other information, indicates they have broken their licence conditions.
- They are not admissible in court but can be used to send someone back to prison?

The Government is now planning to introduce legislation in Parliament to take the plan nationwide.

See Also:


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And Now Another Perspective:

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CA - Operation Overkill (Part Deux)

Original Article

Every year (see last year) the Wilmington police carry out "Operation Overkill" with Swat teams, FBI, assault weapons, helicopters, etc. You'd expect they were going after Osama or something! What a waste of money!

08/29/2012

By Christina Villacorte

With a helicopter gunship overhead and drug-sniffing dogs on the ground, about 100 law enforcement officers swarmed a Wilmington neighborhood late Tuesday and arrested 14 registered sex offenders for various parole violations.

Joe Martinez, a parole administrator with the California Department of Corrections and Rehabilitation, said a search of the sex offenders' motel rooms and apartments turned up pornography, cocaine, marijuana and an unauthorized knife.

"What'll happen is that the sex offenders will be placed in custody, and on a parole hold," he said. "So even if they had a million dollars, they cannot bail out of jail for a while."

Dubbed Operation Safe Haven (Overkill), the parole sweep involved more than a dozen federal, state and local law enforcement agencies banding together to check on 60 sex offenders clustered within three blocks near the twin Ports of Los Angeles and Long Beach.

About 40 of the sex offenders gave their address as Harbor Inn.

"Prior to 2006, you didn't have this clustering of sex offenders," Martinez said. "When Jessica's Law was passed, it prohibited any sex offenders from residing within 2,000 feet of any K-12 school or park, and there's not a lot of areas that comply with those law requirements."
- Yes, thanks for pointing that out.  The very laws being passed by the legislature is what is causing this clustering and wasting of money!

Around 11 p.m. Tuesday, teams of parole agents, probation officers, federal marshals, police officers, immigration officers, social workers from the county Department of Children and Family Services, and several K-9 teams entered the sex offenders' motel rooms and apartments.

They rousted the occupants, some of whom had been asleep, tied their wrists with plastic zip ties, frisked them, escorted them outside, and then searched through their things.

"Zero tolerance," a parole agent told one of the teams searching for banned items at the motel.

DCFS's multi-agency response team was summoned after boys, ages 3 and 4, were found living in one of the apartments with their mother and her boyfriend, who was convicted decades ago of attempting to rape an adult woman.

The social workers found no signs the children were being mistreated and decided to let them continue living in the apartment with their mother while an investigation is ongoing. The boyfriend was found in possession of pornography and taken into custody.

Operation Safe Haven (Overkill) comes several weeks after residents held a town hall meeting to express concern over the high concentration of sex offenders in their midst, and rising crime.

According to the California Megan's Law website, there are 179 sex offenders in the Wilmington ZIP code.

Martinez said the community became alarmed after a man exposed himself to two girls walking to school in July. The man remains at large.

Aside from the CDCR, other agencies that participated in the raid were the US Marshalls Office; Bureau of Alcohol, Tobacco, Firearms and Explosives; Bureau of Immigration and Customs; SWAT teams from the state prisons in Lancaster and Chino; and police, parole and probation officers from different cities in Los Angeles County.