Editorials Another View: Sex-offender editorial ignored important work done by courts

Printer-friendly version Reader Comments story tools sponsored by Rehabilitation comes from monitoring and treatment, not 'get tough' jail sentences. December 21, 2009 ABOUT THE AUTHORS   Timothy E. Zerillo is the president of the Maine Association of Criminal Defense Lawyers. Robert J. Ruffner is the director of the Maine Indigent Defense Center.   A recent editorial, "Sex offenders aren't dangerous behind bars," (Dec. 17) presents a disappointing and dangerous over-simplification of punishment for sex offenders.   The opinion piece states that sex offenders have a higher probability of re-offending than other criminals. Re-conviction data suggest that this is not necessarily the case.   Studies indicate that rates of recidivism vary among different types of sex offenders and are related to specific characteristics of the offender and the offense.   This makes sense. There is a variety of different types of sex offenders and offenses that range from crimes of opportunity to more predatory offenses. There are also individuals who have been convicted with scant evidence against them. When the Press Herald calls for longer jail sentences, it obviates the work the court does at sentencing to properly individualize each sentence.   At sentencing, the court engages in a process called the Hewey analysis. In doing so, the court gives significant consideration to the seriousness of the offense, the deterrent effect of the sentence, and any concerns for public safety. Jail-oriented sentencing, the "get tough" attitude, is a frequent response to serious criminal offenses.   While this attitude satisfies the public's thirst for retribution, the interest in public safety is never really satisfied with long incarceration periods. In fact, long jail sentences often "teach" new criminal behavior by exposing the defendant to individuals who are veteran criminal offenders.   The magic bullet to true rehabilitation is monitoring, treatment and education. This is true for any serious criminal offense, but is especially true for sex offenses. You can attempt to put these offenders on an island, but it will not cure the problem. The only cure for recidivism is appropriate intervention that suits the offender and the factual background of the offense.   Copyright 2009 by The Portland Press Herald/Maine Sunday Telegram. All rights reserved.