Research Paper on Sex Offender Issues: Legislation and Policy in the 21st Century

Introduction

There has been a significant amount of media covering the case of sex offender issues. Since the 1990s, new narratives regarding cases of sexual abuse or sex offender sentencing have elevated radically. Policymakers, public, and, members of the media have recognized sex offending as a consistent social problem. To curb the challenge, laws that allow equal punishment and allow a wealth of get-tough legislation was enacted to punish and govern closely convicted sex offenders. A perfect example of the case of Daniel Enrique Guevara Vilca, a 26 year- old resident of Naples, Florida, with no previous history, was sentenced over the ownership of over 450 images and videos of child pornography. Upon his denial, the prosecutor's appeal deal of 20 years in prison, the prosecutor amplified the charges considering each image as a separate count. He accused was proved guilty and sentenced to life. Their several critics arose over the judgment, and many people started questioning the appropriateness of the judgment others were claiming it was harsher. The parties that suppose tough punishment argue that such punishment is effective since it services justice to victims and can effectively lower sex crime rates, however, tougher punishment cause a downward trend in the safety of publicThe utilization of sanction by the legal system has been at the frontline of society's initiatives to monitor and reduce sex criminal behavior. The most attendees, particularly in America have been to apply long prison sentences on those guilty of sex crimes. They are four primary aims are frequently credited to the sex crimes sentencing process; justice, restoration, discouragement, and, prostration. Justice implies to just punishment. Individuals who not only sex crimes but also any kind of crime justify to be punished. The other three objectives of sentencing are practical, stressing techniques to protect the public and victim (Tonry, 23-40). They are different, nonetheless, in the mechanism; they are anticipated to offer public safety. Deterrence stresses the onerousness of punishment; lawbreakers are prevented from committing crimes because of a rational calculation, which the cost of punishment is too big. The sentence is so objectionable that neither the punished offender nor others participate in crimes in the future. Prostration withdraws individual of the ability to commit crimes since they are actually incarcerated in prison. Restoration tries to adjust offenders' behavior and thinking so they do not endure to commit crimes. In other words, it teaches offenders that crimes do not pay

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Long-term sentences are more humane sentences to offenders who have committed horrific crimes such as sex crime since they get enough time to transform to be a better person in society and thus the probability of redoing such as is almost zero. Long incarceration imposes not only direct but also indirect costs on the prisoner. Therefore, faced with the prospect of going to prison or after having experience of prison life, the rational person chooses not to participate in further criminal practices. However, in most cases, sexual offenders usually feel they have more right than the victims when offenders are given light punishment or walkway scout-free. Therefore, by introducing the heavy punishment of criminals is an effective measure to prevent future sex crimes. McCoy and Bacon in their article (Para, 2-8), Judge reject bail for financier and sex offender Jeffery Epstein claim that the judge of the case refused to release Epstein on bail because is a threat to the safety of public and the judged raised his concern over new victims. Sexual offenders who have been released on bail have high chances to attack a new person since they have not gone through the correctional system.

The get-tough forms of punishments could be considered effective in minimizing crime rate. However, according to Taylor and Bogle (Para-2-5), in their article Long Jail Terms for Sexual Offenders Do Little Good assert that get -tough formula has strong connection to a decline in public safety. Moreover, they pointed that the criminologists Caitlin J. Taylor and Kathleen Auerhahn did no link between public safety and long-term jail of sexual offenders. If the strategy of increasing prison time actually materialized, the rates of crime would be slightly gone low than presently. As to the national academy of science, the crime historical examination rates, as well as the rate of incarce4ration, does not clearly show the link between the two. In fact, prolonged judgments are linked with an increased possibility of offending again, since the criminogenic impact of the incarceration capability.

On top of not making to meet the objectives of deterrence, prolonged judgments also do not enhance the healing of the victim, an aim that is supposed to be provided with a bigger chance, especially in hostile crimes like rape. Restoration justice deeds not only minimize recidivism, it also gives a platform to the survivors feel validated, heard as well as empowered by opposing the individuals offending in an open ground. In addition, prolonged judgments have come up with other issues, like the United States to become a global leader in the incarceration. U the United State as nation has about 5% of the globe's population however, above 20% of the incarcerated population (Gottschalk, 10). When a law-breaker citizen is sent to prison, they usually lose their jobs, home, family love, and social connections often deteriorate. This can split any positive bonds an offender may have with the law-abiding citizens and increases the chances that of falling back into a cycle of community new crimes. In several instances, prison does not transform a person's behavior, since an individual usually receives negative influence from other prisons. It does not outline the damage caused to victims and communities and it can worse matter by normalizing criminal habits and adversely affecting a person's psychological and physical health. McDowell (Para, 4), in his article: Longer prison sentences are not the way to cut crime argue that about 70% of male prisoners end up suffering from one or more than one condition, two-thirds of males inmates have a reading age of 11 or lower, and more than a third of the jail population have conducted 15 or more crimes. In other terms, prison is not a good option or a right place to correct criminal behaviors of the majority of offenders. Thinking that jailing sex offenders for longer will make a substantial difference is to ignore reality. Nonetheless, it should be noted that this does not mean that short-term jail can reduce high rates of sex crimes. A key solution to sex crimes is to prevent it first from happening. Prison is important though it can help to eradicate the high numbers of sex assaults in society

Conclusion

In conclusion, the goal of justice system should be to use effective approve to prevent the rate of sex assaults from occurring in the first place through increased education as well as motivating onlooker intervention, supports the victims throughout the recovery and punishing offenders. Justice system can hold victim such as Vicla and Jeffery responsible without using technique that can make such sex offenders increasing their chance to recidivism in them by lengthening prison sentences for them.

Works Cited

(Bacon), Marie. The prison and the gallows: The politics of mass incarceration in America. Cambridge University Press, 2006. Retrieved from: https://books.google.co.ke/books?hl=en&lr=&id=N9brN4Bx8GgC&oi

Bacon, Kevin McCoy and John. Judge rejects bail for financier and sex offender Jeffrey Epstein. July 2019. 2 August 2019 <https://www.usatoday.com/story/news/nation/2019/07/18/jeffrey-epstein-judge-decides-bail/1764707001/>

McDowell, Paul. Longer prison sentences are not the way to cut crime. 2012. 2 August 2019 <https://www.theguardian.com/commentisfree/2012/jul/16/longer-prison-sentences-civitas>.

Tonry, Michael. "Purposes and functions of sentencing." Crime and Justice 34.1 (2006): 1-53. Retrieved from: https://www.journals.uchicago.edu/doi/abs/10.1086/503374

Taylor, Kathleen A. Bogle and Caitlin. Kathleen A. Bogle and Caitlin Taylor . 2016. 2 August 2019 <https://www.chronicle.com/article/Long-Jail-Terms-for-Sexual/236858>