Evil lurked in Luzerne County

Something scary was happening in Luzerne County, Pennsylvania. A kid who had never been in trouble would show up in juvenile court for writing a prank note or having drug paraphernalia and -- BOOM -- he would disappear.

Kids were locked up for months at a time even when probation officers recommended against it. Youth advocates complained, but no one listened.

Now, everyone knows why. Two of the judges were running a scheme in which they shunted kids to private jails in exchange for at least $2.6 million in kickbacks. In what the media are calling "one of the most stunning cases of judicial corruption on record," one of the two bad judges actually shut down the county juvenile hall so kids would have to go to PA Child Care LLC, which owned him.

A senior judge from a neighboring county will have the laborious task of going through all cases handled by the judges for the past six years, to "identify the affected juveniles and rectify the situation as fairly and swiftly as possible."

A first step in rectifying the situation -- or at least making the wronged kids feel a bit better about the world -- might be to lock up the offenders. But after the judges pleaded guilty in federal court Thursday to tax charges, they were allowed to remain free pending sentencing.

Too bad they didn't afford that same courtesy to the youngsters who came before them.

Photo credit: "The Fog" by Canon in 2D (Creative Commons license)

Recommended reading: Juvenile competency

I was just looking over Ivan Kruh and Tom Grisso's new book, Evaluation of Juveniles' Competence to Stand Trial, as I sat down to write a rather complex report on an 11-year-old child. Wow! This little book is such a great tool, I thought I should plug it to those of you who work with juveniles.

As I wrote in my Amazon review, "You will not find this much comprehensive, up-to-date information on juvenile competency to stand trial (CST) evaluations in any other single source." It's a tiny little book, but it is jam-packed with information, very clearly written, with the concepts clearly explained.

Also, unlike the volume on SVP evaluations in the same new Best Practices in Forensic Mental Health Assessment series from Oxford University Press, this one tackles the controversies and complexities in the field head-on, rather than shying away from them.

My complete Amazon review is here, with links to other relevant resources. (As always, if you like it please click on the "Yes" button at the bottom, as that helps the placement of my reviews on Amazon.)

Megan’s Law: Millions for nothing

You all know about "Megan's Laws." They are named after Megan Kanka, a 7-year-old girl from "America's favorite hometown" of Hamilton, New Jersey, who was raped and murdered by her neighbor, a released sex offender named Jesse Timmendequas, on July 29, 1994.

Capitalizing on the fear this crime engendered, legislators proved themselves tough on crime by enacting Megan's Laws in all 50 U.S. states. The laws are designed to protect the public by mandating that convicted sex offenders register with local police and that police agencies keep the public informed about the whereabouts of these offenders.

But do the laws really protect the public?

Despite their enormous popularity, little research has been conducted into whether they work.

Now, a federally funded study of New Jersey's law has found the following dramatic effects:

• Effects on sex offender recidivism: NONE
• Effects on time to first re-arrest: NONE
• Effects on number of victims: NONE
• Effects on state budget: $3.9 million-plus (as of 2007)

The bottom-line conclusion?

"Given the lack of demonstrated effect of Megan's Law on sexual offenses, the growing costs may not be justifiable."

Other research has suggested that the laws may not only be ineffective at reducing sex offending, but they may paradoxically increase sex offenders' risk through the secondary effects of social stigmatization, loss of employment and housing, and even physical victimization, all of which increase stress and social isolation and make it harder for sex offenders to successfully reintegrate into society.

Americans are standing in hours-long, Depression-style lines for a couple of free eggs at Denny's. Our schools cannot even afford pencils or electricity in the classrooms. Yet we are willing to pay millions for laws that only provide an illusion of safety. Something is wrong with this picture.

The study, "Megan's Law: Assessing the Practical and Monetary Efficacy," by researchers Kristen Zgoba, Philip Witt, Melissa Dalessandro, and Bonita Veysey, is available here.

Children serving life without parole: “Cruel and unusual?”

Test your knowledge:

1. In the entire world, how many children are serving sentences of life without parole for crimes committed when they were 13 years old?

2. In what countries are those cases?

3. How many of those cases involve crimes in which no one died?

Answers: (1) There are only eight in the entire world. (2) All eight are in the United States. (3) Only two did not commit a murder. Both are Black, and both are in Florida.

In yesterday's New York Times, Supreme Court correspondent Adam Liptak reports on one of those two. Joe Sullivan, now 33, is serving life for the 1989 rape of a 72-year-old woman. As Liptak reports it:

The victim testified that her assailant was "a colored boy" who "had kinky hair and he was quite black and he was small." She said she "did not see him full in the face" and so would not recognize him by sight. But she recalled her attacker saying something like, "If you can't identify me, I may not have to kill you." At his trial, Mr. Sullivan was made to say those words several times. "It's been six months," the woman said on the witness stand. "It's hard, but it does sound similar."

Sullivan's trial lasted only one day. His lawyer, later suspended from practice, made no opening statement. Biological evidence was collected from the victim but was not presented at trial and has since been destroyed.

Now, in an appeal to the United States Supreme Court, the Equal Justice Initiative argues that Sullivan’s life sentence is cruel and unusual punishment, banned by the Constitution’s 8th Amendment.

People can argue about whether imprisoning a 13-year-old for life is cruel, comments Liptak, but "there is no question that it is unusual."

Liptak's column is here.

Further resources:

Equal Justice Initiative report, "Cruel and Unusual," on 13- and 14-year-old children sentenced to life in prison

Photo credit: Equal Justice Initiative. Hat tip: Jane.

State psychologist gets 7-year prison term

Update on North Dakota child porn case

Those of you who followed the case I reported on in December 2007, involving the sexually violent predator evaluator who was addicted to child pornography, may be interested in the outcome:

Joseph Belanger, who ran North Dakota's Sexually Dangerous Individual (SDI) civil commitment program, has been sentenced to seven years in prison after pleading guilty to charges of receiving and possessing materials involving the sexual exploitation of minors.

The arrest of the state psychologist prompted a review of more than 100 cases in which he had opined that sex offenders were dangerous and should be civilly committed, and an appeal before the North Dakota Supreme Court.

An interesting but possible unanswerable question is whether Belanger's work in the field somehow triggered his interest in child pornography.

The Associated Press story is here.

Prior blog stories on this case:

• Ripple effects of psychologist's porn addiction: Sex offenders to get new trials (July 20, 2008)
• Another forensic psychology sex scandal (December 9, 2007)

Mental illness: The death penalty frontier

With juveniles and the mentally retarded off the list of those eligible to be executed, severe mental illness looms as the "next frontier" of death penalty jurisprudence, asserts Bruce J. Winick, therapeutic jurisprudence scholar and a law professor at the University of Miami School of Law:

The Supreme Court's 2002 decision in Atkins v. Virginia and 2005 decision in Roper v. Simmons marked a significant new direction in Eighth Amendment jurisprudence. This Article explores the Court's emerging conception of proportionality under the Eighth Amendment, which also is reflected in its 2008 decision in Kennedy v. Louisiana. The Article analyzes the application of this emerging approach in the context of severe mental illness. It argues that the Court can extend Atkins and Roper to severe mental illness even in the absence of a legislative trend away from using the death penalty in this context. The strong parallels between severe mental illness at the time of the offense and mental retardation and juvenile status make such an extension of the Eighth Amendment appropriate.

Severe mental illness would not justify a categorical exemption from the death penalty; rather, a determination would need to be made on a case-by-case basis. The major mental disorders, like schizophrenia, major depression, and bipolar disorder, could qualify in appropriate cases, but not antisocial personality disorder, pedophilia, and voluntary intoxication. The Article discusses the functional standard that should be used in this context, and proposes that the determination be made by the trial judge on a pretrial motion rather than by the capital jury at the penalty phase. Future implications of the Court's emerging approach also are examined.

A pdf of the full paper is available for online download here.

Hat tip: Kirk Witherspoon