Preview

Lex Russica

Advanced search

On Sex Offender Registry

https://doi.org/10.17803/1729-5920.2020.160.3.140-150

Abstract

The paper examines the experience of the United States of America in recording and classifying convicted sexual offenders. The Federal register is a comprehensive criminal and administrative law tool for crime prevention. It has its origins in similar state registers. The author examines the principles of maintaining the register, the grounds for inclusion in the register and exclusion from it, the volume of data to be published, the frequency of data updates, and conducts a criminological characterization of the Institute. The paper analyzes the case law of the Supreme courts of the United States regarding the constitutionality of the rules and principles that form the institution of the registry, their retroactive application, and compliance with procedural and material guarantees of a fair trial. The author concludes that it is possible to introduce a similar Federal register in Russia, but taking into account the shortcomings identified in the study. Currently, the efforts of the legislator in this part are obvious (increasing criminal responsibility for violent sexual crimes with the establishment of restrictions on freedom, the emergence of new tools of "deterrence" in the hands of law enforcement agencies, such as administrative supervision). However, the measures are not comprehensive, often overlap, and do not achieve the stated goal (execution of restrictions under administrative supervision after serving the restriction of freedom). The author believes that it can be an independent institution, implemented from the stage of execution of the sentence, accessible to law enforcement agencies and victims, and in cases provided for by law — for social and educational institutions, guardianship authorities, family and child protection.

About the Author

A. Yu. Klyuchnikov
Pravoberezhny district court of Lipetsk; Russian Presidential Academy of National Economy and Public Administration (Lipetsk branch)
Russian Federation

Andrey Yu. Klyuchnikov, Cand. Sci. (Law), Judge of the Pravoberezhny district court of Lipetsk, Associate Professor of the Department of Constitutional and International Law of the Russian Presidential Academy of National Economy and Public Administration (Lipetsk branch)

ul. Internatsionalnaya, d. 3, Lipetsk, 398050



References

1. Carpenter C, Beverlin A. The evolution of unconstitutionality in sex offender registration laws. Hastings Law Journal. 2012;63:1071-133. (In Eng.)

2. Criminal Justice Policies. The intended and unintended consequences of monitoring individuals convicted of sex crimes. In: Lussier P, Beauregard E, editors. Sexual offending. A criminological perspective. New York; 2018. p. 63-83. (In Eng.)

3. Harris A, Levenson J, Ackerman A. Registered sex offenders in the United States. Behind the numbers, crime & delinquency. 2014;60(1):4-33. (In Eng.)

4. Letourneau E. Effects of South Carolina’s sex offender registration and notification policy on deterrence of adult sex crimes. Criminal justice and behavior. 2010;37:535-52. (In Eng.)

5. Levenson J, D’amora D, Hern A. Megan’s Law and its impact on community re-entry for sex offenders. Behavioral Sciences and the Law. 2007;25(4):587-602. (In Eng.)

6. Marshall W, Marshall L, Serran G, Fernandez Y. Treating sexual offenders. An integrated approach. New York; 2006. p. 10-27. (In Eng.)

7. Olson S. Reimagining a lifetime of punishment. Moving the sex offender registry to a risk of re-offending model. Oregon Law Abstract. 2017;96:315-22. (In Eng.)

8. Richmond C, Richmond M. The future of sex offender courts. How expanding specialized sex offense courts can help reduce recidivism and improve victim reporting. Cardozo Journal of Law & Gender. 2015;21:443-74. (In Eng.)

9. Rose J. Where sex offender registration laws miss the point. Why a return to an individualized approach and a restoration of judicial discretion in sentencing will better serve the governmental goals of registration and protect individual liberties from unnecessary encroachments. Mitchell Hamline Law Journal of Public Policy and Practice. 2017;38(1):6-57. (In Eng.)

10. Tewksbury R. Sex offender registries as a tool for public safety. Views from registered offenders. Western Criminology Abstract. 2006;7(1):1-8. (In Eng.)

11. Thomas T. The registration and monitoring of sex offenders. A comparative study. Hoboken; 2012. P. 3-41. (In Eng.)

12. Vandiver D, Braithwaite J, Stafford M. Sex crimes and sex offenders. Research and realities. New York; 2017. (In Eng.)


Review

For citations:


Klyuchnikov A.Yu. On Sex Offender Registry. Lex Russica. 2020;73(3):140-150. (In Russ.) https://doi.org/10.17803/1729-5920.2020.160.3.140-150

Views: 608


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)