Reply To: New York Times: “Vanishingly” little evidence of high re-offense rate

In Search of Liberty

For at least 3-4, years I have attempted to explain to people exactly why there can be no high recidivism rate with RSOs; however, no one seems to understand what I have been saying so let me try this again. Recidivism: in a nut shell the word means “repeat” a crime over and over—correct? Ok, so now that we have that out of the way, let us focus on the position proponents of sex offender laws (SOLs) have been spouting for at least 15 years to justify SOLs and that is that registered sex offenders (RSOs) have a high recidivism rate (HRR). So let me explain, opponents of the HRR claim call it a “bald assertion”, I call it a damn lie. Here’s why. Every state in the US has in its criminal justice penal codes statutes called “Enhancement of Sentences”. Take this example from Texas. Say you have been arrested for robbery, the primary offense, however, you have a prior drug conviction from say 5 years ago. The prosecutor will put that prior conviction on your indictment for the purpose of enhancing your sentence should you be found guilty of the primary offense. Meaning this, the primary offense, i.e., robbery carries a sentence of say 5-15 years in prison, but that is for first offenders. With the prior drug case on the indictment, now the that 5-15 goes to 15-45 years in prison—get it? Stay with me now, because I’m going to show you something. Again, all 50 states have in their penal codes these types of enhancement laws. Before I go on, let me offer this peripheral dynamic here: since the late 90s, there has been an onslaught, a virtual siege by all 50 states on people who have committed SOs—right? With that in mind, just think, say a person commits 1 SO in say 2001, is arrested, tried, found guilty and is sentenced to a prison term and is subsequently paroled say 2005. But after his release he commits another SO 2 years later (2007) and is arrested again. But this time he has the 2001 conviction and is probably still on parole. You can be sure that the prosecution is going use that 2001 SO case to enhance the 2007 case in an attempt to put this guy away (keep in mind the hate they have against SOs) for at least 20 years! Remember what “Recidivism” means? Now take this same person here. Say he went to prison again, but instead of him doing that 20 years the he was sentenced to, the state parole board decides, well no, he doesn’t have to do that 20, we’ll let him out in 3 years! See where I’m going? In order for there to be a HRR there would have to be corresponding high parole rate for people committing SOs; in other words a fast turn around or a “Revolving Door” at the prison gates. It would have to be so because a second or third conviction for a sex crime, given the hate the state has for SOs, would naturally result in very long prison term. And this revolving prison door would have to be going in all 50 states in order for this pandemic of sex crimes to happening that proponents of these laws scream and holler about. Am I making sense here? Just crew on this rational for minute. And I will leave it at the.