The Law, Sex Offenders And Unintended Consequences

USA Today recently had a piece about an unintended consequence of sex offender registration laws; the clustering of sex offenders in trailer parks and motels. This is causing legislators to consider more knee-jerk legislation to “fix” the problem.

• Experts who study the issue say the new laws may make problems worse by forcing sex offenders into homelessness or isolating them from social services and jobs.
• “The larger the buffer zone and the more densely populated the area is, the more difficult it is for them to find housing,” said Jill Levenson, an associate professor of psychology at Lynn University in Boca Raton, Fla., who specializes in sex crime policy.
• A study in Orange County, Fla., found 99% of residential housing is off-limits to sex offenders, she said.
• “It’s a real quandary,” Levenson said. Clustering laws that bar sex offenders from living together narrow the options even more. “Where do we think these people are going to go?”

While I am sure that many people would just like sex offenders to disappear this is not going to happen and is not realistic. The intent of these laws was to protect citizens from these offenders. However, the very laws intended to protect us make end up making us less safe if sex offenders are placed in a no-win situation with no place to live and are unable to work which may make them more likely to re-offend.
In the community where I work sex offenders are prohibited from residing within a certain distance of playgrounds, day care centers, schools, school bus stops, etc. Like Orange County, Florida this makes a majority of the city off limits or so it would seem at first glance. However, it does not apply to sex offenders who already reside in those areas and it certainly doesn’t prohibit them from driving, walking, skateboarding, or bicycling in those areas. If this is the case then the law makes us feel like we’ve done something without actually making anyone safer.
If the law you pass to fix a problem just makes the problem worse then maybe you need to rethink that one.

by Scott Dickson

http://www.crimeanalystblog.net/2012/01/law-sex-offenders-and-unintended.html

Fighting Crime With Digital DNA

By Jeremy A. Kaplan

Published November 19, 2011 | FoxNews.com

DNA evidence is widely accepted in courtrooms. And now, so is our “Digital  DNA” — those trace zeroes and ones we leave behind on computer systems, in our smartphones,  beneath the hoods of our cars and more.

“Digital evidence is the new DNA,” Ira Victor, a forensic analyst with Data  Clone Labs and a member of The High Tech Crime Investigator’s Association  (HTCIA), told FoxNews.com.

Last week the Supreme  Court took a first stab at addressing how such evidence can be used, hearing  arguments from the Justice  Department defending the use of GPS  devices planted on suspects’ vehicles. But that’s just one aspect of a  growing body of data: From digital photographs to cellphones to emails and Word  documents, we all create a trail that law enforcement agencies are increasingly  using to put crooks at the scene of their crime.

Heck, even the Doobie  Brothers are doing it.

Jeffrey “Skunk” Baxter a founding member of Steely  Dan (he played guitar on “Rikki, Don’t Lose That Number”) and a current  member of The Doobie Brothers, is also a contractor for a number of U.S.  government agencies and an advisor on terrorism, cyber-warfare and forensic  analysis.

“I want your help,” Baxter told attendees at Paraben’s  Forensic Innovations Conference (PFIC), a leading conference on digital  investigations in Utah that wrapped up Nov. 9. It called for the increased use  of digital forensics in courtrooms and cases.

But with increasing prevalence comes an increasing risk of abuse. The  Electronic Privacy Information Center (EPIC) told the Supreme Court last week  that information from GPS devices could easily be abused.

“The proliferation of GPS tracking technology creates … detailed travel  profiles of American citizens,” the group wrote. “Law enforcement access to such  information raises the specter of mass, pervasive surveillance.”

Victor agrees. “Attorneys are very good at taking digital evidence out of  context and then convincing a jury of the guilt of someone based on it,” he  said.

In 2002, “Jack” was sent to jail after police found pornographic images on  his home computer. Security experts later told Wired News that the  digital data had been mishandled: They suggested it could have been put on  his computer remotely through what’s called a “browser hijacker” — a malicious  bit of software that changes browser settings and can easily be built to store  data on a PC.

As with DNA evidence, it can be hard to derive intent when examining a piece  of digital evidence, explained Sgt. Kevin Stenger, computer crimes supervisor  with the Orange County Sheriff’s Office in Orlando, Fl.

“Exactly how did a criminal use a smartphone in the commission of a robbery,  if at all?” Stenger told Foxews.com. “Was he using it to look up an address, to  take pictures of the potential robbery site? Was he using it to text message  other members of his crew? Did he use it when the robbery was in progress?”

But when properly used, GPS data, cell phone records and even “metadata” from  digital photos are admissible in a court of law. And digital DNA is everywhere  — frequent shopper cards, EZPass toll technology, smartphones and  more.

So can all that gear “testify” against you? It comes down to a question of  reasonable use, said Andrew Hildebrand, associate dean of DeVry University‘s College  of Business and Management and an expert in computer forensics.

“What is public? Where is the expectation of privacy coming in?” Hildebrand  told FoxNews.com.

The digital devices we carry create an unprecedented array of information  about us, he noted, and rules are only now being created.

“We’re in a new era of technology,” he said. “Where are the limits for that,  within the bounds of the Constitution?”

A growing number of classes around the country aim to probe these issues,  training a new generation of detective. The University of Central Florida, for  example, created an interdisciplinary program in 2008 to offer a master  of science in digital forensics.

The program has over 100 students, coordinator Sheau-Dong Lang said, and  teaches technical detection, forensic sciences and criminal justice, as well as  current issues in cyberlaw. Twenty-seven students graduated in 2008; the school  could admit as many as 60 in 2012.

Even the tools these cybersleuths will use are still under development — and  they’re neither simple nor cheap. At the PFIC conference, experts explored new  software and wrestled with the increasing amount of digital evidence that  prosecutors and law enforcement sift through today.

“Like DNA, the devil’s in the details,” Victor said. If information isn’t  properly recorded and a chain of custody preserved, it’s all too easy for data  to become corrupted or even falsified.

That at least may change.

Software firm Katana  Forensics announced at PFIC that it would soon release a free, “light”  version of its Lantern software package, a $600 forensic tool that digs data out  of iPhones and is sold only to law enforcement and government agencies. It  should make digital forensics analysis more accessible.

As digital DNA becomes a more common tool in court, potential abuses may grow  as well, at least until case law is firmly set in place.

“Yes, we should be worried, but not to the point of paralysis,” Hildebrand  told FoxNews.com.

“But this is a national dialog that needs to take place.”

This material may not be published, broadcast,  rewritten, or redistributed. © 2011 FOX News Network, LLC. All rights reserved.  All market data delayed 20 minutes.

 

 

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MaleSurvivor Salutes Entertainment Mogul Tyler Perry, Boxing Great Sugar Ray Leonard, and CNN’s Don Lemon

More and more prominent male figures are finding the courage to open up about surviving sexual abuse and offering men worldwide an example that healing is possible

Washington DC  (May 24, 2011) – MaleSurvivor, a leading, global not-for-profit organization dedicated to overcoming sexual victimization of boys and men, issued a statement today officially saluting three prominent U.S. figures who have come forward with their stories about sexual abuse.  This past fall, Tyler Perry stood together with 200 men on The Oprah Winfrey Show to bravely tell the world his story.  In the past few weeks, Sugar Ray Leonard and CNN anchor Don Lemon have both found the courage to speak out about the abuse they experienced as young men and the damaging effects that abuse had on their lives.

“The honesty, bravery, and strength of these men must be commended, and MaleSurvivor stands in unity with them to salute their courage,” remarked Founding Board Member, Dr. Howard Fradkin, who also appeared alongside Tyler Perry on The Oprah Winfrey Show in November 2010 to share his experience and educate the world about the realities of male sexual victimization.

According to MaleSurvivor:

• It is estimated that 1 in 6 men were sexually abused as children.  This statistic increases to 1 in 4 men if sexual abuse done by someone who does not actually have physical contact is included.
• Most men NEVER talk about their abuse because boys are socially taught they should withstand emotional and physical pain without complaining.
• Most adult males that were abused report difficulties with intimate relationships because their ability to trust others has been damaged, often by people who told them they cared about them.
• For many men, their abuse leads to sexual orientation confusion, sexual dysfunctions, and difficulty believing it is possible to combine sex with love.
• Most men NEVER talk about their abuse because of extreme shame, because they believe it was their fault, and because they learned men are supposed to be strong and should never need help.
• Although the number of therapists in the world who specialize in treating male sexual abuse survivors has been increasing as organizations such as MaleSurvivor offering resources and education, the number needed to adequately treat this population is vastly underrepresented.

The courageous actions of these men are further proof that men and boys from all segments of our society are sexually victimized. By sharing their stories so openly, each of these men is making it easier for others to step out of the shadows to speak their truth and seek out the help they need. Abuse survivors are at much higher risk for suffering from depression, anxiety, substance abuse, and suicide. However it is possible to overcome the painful effects of abuse.

About MaleSurvivor
MaleSurvior (www.MaleSurvivor.org) is not-for-profit organization committed to preventing, healing, and eliminating all forms of sexual victimization of boys and men through support, treatment, research, education, advocacy, and activism.  Founded in 1994, the organization has reached over 50 million individuals whose lives have been forever impacted by sexual abuse. Twitter: @MaleSurvivorORG