Georgia court overturns sex offender law

I haven't found time yet to read or analyze yesterday's ruling on sex offender laws, but this overturning of residency restrictions looked important enough to immediately pass along to my readers. The full opinion in Mann vs. the Georgia Department of Corrections is here; Greg Bluestein of the Associated Press reports on it as follows:

ATLANTA (AP) - Georgia's top court overturned a state law Wednesday that banned registered sex offenders from living within 1,000 feet of schools, churches and other areas where children congregate.

"It is apparent that there is no place in Georgia where a registered sex offender can live without being continually at risk of being rejected,'' read the opinion, written by presiding Justice Carol Hunstein.

The law had been targeted by civil rights groups who argued it would render vast residential areas off-limits to Georgia's roughly 11,000 registered sex offenders and could backfire by encouraging offenders to stop reporting their whereabouts to authorities.

State lawmakers adopted the law in 2006, calling it crucial to protecting the state's most vulnerable population: children.

While many states and municipalities bar sex offenders from living near schools, Georgia's law, which took effect last year, prohibited them from living, working or loitering within 1,000 feet of just about anywhere children gather - schools, churches, parks, gyms, swimming pools or one of the state's 150,000 school bus stops.

It also led to challenges from groups like the Southern Center for Human Rights, which argued that it would force some offenders to live in their cars or set up tents or trailers in the woods, and undermine other efforts to keep track of offenders.

The Georgia Supreme Court ruling said even sex offenders who comply with the law "face the possibility of being repeatedly uprooted and forced to abandon homes."

It also said the statute looms over every location that a sex offender chooses to call home and notes while the case in question particularly involves a day care center, "next time it could be a playground, a school bus stop, a skating rink or a church.'"

Serial killers stalking South Africa

The darker side of international "necrocapitalism"?

Serial killers are trendy. They are the topic of an ever-increasing array of movies, books, and TV shows. One theorist has gone so far to suggest that they are the "gothic double" of the zombie-like consumers wandering the malls of a "necrocapitalist" world, in perpetual quest for another purchase. Indeed, argues Brian Jarvis in "Monsters Inc.: Serial killers and consumer culture," the commodification of violence is an integral aspect of the violence inherent in commodification.

If that is so, then it is no surprise that the United States – where millions of consumers stagger under crippling loads of credit card debt – would lead the world in serial murders. Although I don’t know of a central repository of such data, that is what I've always heard (with Russia following closely on our heels).

How, then, to explain South Africa's claim of passing us by as the world's largest producer of serial killers, surpassing both the United States and Russia?

For one thing, South Africa has a much higher overall murder rate than do either the United States or Russia.

But perhaps a more precise answer will come out of the largest-scale research project on serial murders in the world. The research is being conducted by the specialized Investigative Psychology Unit (IPU) – the South African equivalent of the FBI's Behavioral Sciences Unit – and the John Jay College of Criminal Justice from the City University of New York.

The IPU was established in 1994 by investigative psychologist Micki Pistorius, who became notorious in South Africa and earned praise from legendary FBI profiler Robert Ressler (see my blog essay on profiling). According to a news story this month in South Africa's Daily Star, however, "her methods raised eyebrows in some quarters, and may have contributed to the common public perception that serial killer profiling involves more 'mumbo jumbo' than scientific compilation and analysis of data."

Pistorius theorized that interruption of the normal stages of psychosexual development as posited by Freud could generate a serial killer. She was well known for spending time at the scene of a murder in order to experience the residual energy field the killer left behind.

"I want to retrace the steps of the killer, and it is a place where I can get into his mind. These are the places where they act out their most secret fantasies and I believe the atmosphere is still laden with emotion, waiting for me to tap into it," she once said.

It may have been her emotional approach that caused her to develop post-traumatic stress disorder a few years ago. Such vicarious traumatization is not uncommon among professionals whose work brings them close to trauma survivors and perpetrators.

The brisk business of serial killing in South Africa is keeping the new head of the IPU, psychologist and criminologist Gérard Labuschagne, quite busy. In addition to handling two dozen serial murder investigations over the past six years, he conducts research and provides training to others in South Africa and around the world.

Profiling in South Africa is based not on hunches or emotions but on science and research, taking into account the uniquely South African perspective, Labuschagne insists.

"Our situation is unique in terms of socio-economic and cultural factors," he told the Daily News. "Our high unemployment rate, for instance, makes it easy for killers to lure victims with promises of work."

For a different, and very intriguing, perspective on serial killers, I recommend anthropologist Elliott Leyton's class-based analysis, Hunting Humans: The Rise of the Modern Multiple Murderer. (My review of the book is on its Amazon page.)

Hat tip to Psychology & Crime News for alerting me to the "Monsters Inc." article, which (along with thousands of other articles) is available for free from Sage Publications through the end of November.

Call for juvenile justice reform

The New York Times today issued a radical call for juvenile justice reform. The editorial was triggered by a new report by the Campaign for Youth Justice that lays out the scope of the crisis in juvenile incarceration. As many as 150,000 juveniles are currently incarcerated in adult jails, where they are often raped, beaten, or pushed to suicide. The full report and an executive summary of "Jailing Juveniles: The Dangers of Incarcerating Youth in Adult Jails in America," are available here. The editorial begins:

The Juvenile Justice and Delinquency Prevention Act of 1974 created a far-sighted partnership between the federal government and the states that agreed to remake often barbaric juvenile justice systems in exchange for federal aid. Unfortunately, those gains have been steadily rolled back since the 1990s when states began sending ever larger numbers of juveniles to adult jails — where they face a high risk of being battered, raped or pushed to suicide. The act is due to be reauthorized this year, and Congress needs to use that opportunity to reverse this destructive trend.

As incredible as it seems, many states regard a child as young as 10 as competent to stand trial in juvenile court. More than 40 states regard children as young as 14 as "of age" and old enough to stand trial in adult court....

Some jails try to protect young inmates by placing them in isolation, where they are locked in small cells for 23 hours a day. This worsens mental disorders. The study says that young people are 36 times as likely to commit suicide in an adult jail than in a juvenile facility. Young people who survive adult jail too often return home as damaged and dangerous people. Studies show that they are far more likely to commit violent crimes — and to end up back inside — than those who are handled through the juvenile courts.

The rush to criminalize children has set the country on a dangerous path. Congress must now reshape the Juvenile Justice and Delinquency Prevention Act so that it provides the states with the money and the expertise they need to develop more enlightened juvenile justice policies. For starters, it should rewrite the law to prohibit the confinement of children in adult jails.

The full editorial is online here. The "Jailing Juveniles" report summarizes data from seven key states: California, Connecticut, Florida, Illinois, North Carolina, Virginia, and Wisconsin. It calls for radical changes in the way that juveniles are transferred to adult court, such as requiring that a judge - rather than a prosecutor - make that decision. Among the findings:

• Far from the image of the juvenile superpredator, most children tried as adults are charged with non-violent offenses.

• The number of youths being housed in adult jails is increasing, thereby jeopardizing the safety of more and more young people.

• New state laws often contradict core federal protections meant to prohibit juveniles from being confined with adult prisoners.

Expose of FBI's bullet lead analysis

Science discredited, but many remain in prison

For those of you who missed the breaking news this weekend, 60 Minutes and the Washington Post released a devastating critique of the sequelae of bullet lead analyses pioneered by the FBI's crime laboratory.

From the CBS website:

Evidence Of Injustice: FBI's Bullet Lead Analysis Used Flawed Science To Convict Hundreds Of Defendants

Aside from eyewitness testimony, some of the most believable evidence presented in criminal cases in the United States comes from the FBI crime laboratory in Quantico, Va. Part of its job is to test and analyze everything from ballistics to DNA for state and local prosecutors around the country, introducing scientific credibility to often murky cases.

But a six-month investigation by 60 Minutes and The Washington Post shows that there are hundreds of defendants imprisoned around the country who were convicted with the help of a now discredited forensic tool, and that the FBI never notified them, their lawyers, or the courts that their cases may have been affected by faulty testimony.

The science, called bullet lead analysis, was used by the FBI for 40 years in thousands of cases, and some of the people it helped put in jail may be innocent....

Related links:

Washington Post website on "Silent Injustice"

FBI press release, issued Saturday, announcing that the FBI will work jointly with the Innocence Project (what a first!) to identify prisoners who may have been wrongfully convicted due to the bunk science

"TAINTING EVIDENCE: Inside the Scandals at the FBI Crime Lab," a 1998 journalistic expose of the FBI crime lab's bungling of the Oklahoma City bombing case and other high-profile cases

Call for greater regulation of expert witnesses in England

On CSI, the scientific evidence never lies. In the real world, the truth is far less clearcut. In the wake of a series of highly publicized scandals involving the testimony of expert pediatricians and pathologists, some in England are calling for more professional oversight and regulation of forensic experts. A similar scandal underway in Canada (see Saturday's blog post) could lead to calls for reform in that nation and elsewhere.

The most highly publicized miscarriage of justice in England was the 1999 conviction of Sally Clark for murdering her two children. Clark was eventually exonerated but died earlier this year of likely suicide. In that case, Sir Roy Meadow gave inaccurate testimony that the chances of Clark's two babies having died of natural causes were one in 73 million.

Today's Times of London has an article on the current legal climate vis-à-vis expert witnesses. According to the article, the British public is "clamoring" for legislation to regulate expert witnesses. "But how to do that without calling into question thousands of court decisions will not be an easy task."

Fueling this public sentiment is a recent case in which a bogus scientist, Gene Morrison, was found to have given evidence in 700 cases. Morrison, who in February received a five-year prison term, admitted he pretended to be an expert witness and bought his qualifications on the internet because it "seemed easier" than getting real ones. The Times article cites a study by a senior judge finding that most judges and lawyers do not check experts' qualifications.

But even more worrisome, the article states, has been the recent proliferation of parents convicted of causing cot deaths, shaking babies to death, or harming them by creating symptoms of fictitious illness. Social workers bristle at accusations that these cases are exaggerated, saying that the cases represent heightened vigilance in response to a previous era in which children were left to die at the hands of their parents. "In comparison with the volume of cases, the number of errors is tiny," said one social work official. "We never rely on expert witnesses alone."

The full Times of London article, entitled "The Expert as Judge and Jury," is online here.

More international news

Since we're on an international kick today, here are a few other interesting criminal justice stories from around the world.

Major overhaul of South African justice system

South Africa's criminal justice system is in for a series of far-reaching changes after the Cabinet last week approved a turnaround strategy that goes to the heart of the problems with the country's anti-crime methods and structures.

The story, with lots of relevant links, is here.

Dire prison overcrowding in Great Britain

Since you read the news, you already know about prison overcrowding in the United States. And I've previously blogged about the problem elsewhere in the world, including in New Zealand. Yesterday's Times reported on the dire situation in England these days, with prisoners being driven around for hours in search of a cell to squeeze them in. It sounds like the crisis situation in hospital emergency rooms here in the United States!

Britain’s most senior judge has given warning that the shortage of prison spaces was now "critical" as a result of ministers' failure to take account of the cost implications of their sentencing policies.

Lord Phillips of Worth Matravers, the Lord Chief Justice, said that the present prison overcrowding could not continue. And he delivered a stark message to ministers — either they should fund the sentences that judges impose or change the sentencing framework that requires them, often, to jail offenders.

"We are in a critical situation," he said. "The prisons are full to capacity." Prisoners who went to court did not know if they would return to the same cell or even the same prison. Cells designed for one were being used for two and prisons were being forced, literally, to close their doors to more admissions. "Prisoners are being driven around for hours on end in a desperate search for a prison that can squeeze them in," he added. "As often or not 200 or 300 are spending the night in police or court cells. We simply cannot go on like this."

The full article is here.

Expert calls for overhaul of Brazilian criminal justice system

The criminal justice system in Brazil is in fare more dire straits than those in South Africa or England, according to a United Nations expert.

Brazil's police engage frequently in extrajudicial executions and many moonlight in death squads or militias involved in racketeering, an independent United Nations human rights expert said today, calling for wholesale reform of the country’s culture of policing.

Philip Alston, the Special Rapporteur on extrajudicial, summary or arbitrary executions, said in a statement detailing his preliminary observations after conducting an 11-day visit to Brazil that its prisons are also severely overcrowded, leading to riots and numerous killings by both guards and inmates.

While Brazil's authorities, especially in its biggest cities, face enormous pressure in protecting citizens from the threats of gang violence, drug trafficking and other forms of organized crime, he said the criminal justice system must be overhauled to stop the routine abuse of human rights.

The U.N. news release is here; the full report is here.