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Articles 1 - 6 of 6
Full-Text Articles in Law
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard
Marquette Law Review
The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for …
Sex Offender Law And The Geography Of Victimization, Amanda Y. Agan, J. J. Prescott
Sex Offender Law And The Geography Of Victimization, Amanda Y. Agan, J. J. Prescott
Articles
Sex offender laws that target recidivism (e.g., community notification and residency restriction regimes) are premised—at least in part—on the idea that sex offender proximity and victimization risk are positively correlated. We examine this relationship by combining past and current address information of registered sex offenders (RSOs) with crime data from Baltimore County, Maryland, to study how crime rates vary across neighborhoods with different concentrations of resident RSOs. Contrary to the assumptions of policymakers and the public, we find that, all else equal, reported sex offense victimization risk is generally (although not uniformly) lower in neighborhoods where more RSOs live. To …
Do Sex Offender Registries Make Us Less Safe?, J. J. Prescott
Do Sex Offender Registries Make Us Less Safe?, J. J. Prescott
Articles
State legislatures enacted sex offender registration and notification (SORN) laws with the explicit and exclusive aim of reducing sex offender recidivism. The general idea that we ought to “regulate” released offenders — of any type — to reduce the likelihood of their returning to crime is an attractive one, at least in theory. Criminal recidivism generates significant social harm. Nevertheless, despite their now-widespread use, SORN laws became the norm without any systematic study of their consequences. Admittedly, the logic underlying these laws seems at first difficult to gainsay: if a known sex offender poses even a small risk to a …
Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball
Ohio's Aggressive Attack On Medical Identity Theft, Stanley C. Ball
Journal of Law and Health
This note explains the severity of medical identity theft and the state and federal legislative reactions to the problem. Specifically, the note discusses data breach notification statutes that require healthcare providers to notify consumers when the systems holding customer personal information are breached. The note concludes that Ohio’s data breach notification statute, which does not expressly cover healthcare providers, should be amended to protect residents from medical identity theft and provide redress when healthcare providers violate state law.
Do Sex Offender Registration And Notification Laws Affect Criminal Behavior?, J. J. Prescott, Jonah E. Rockoff
Do Sex Offender Registration And Notification Laws Affect Criminal Behavior?, J. J. Prescott, Jonah E. Rockoff
Articles
Sex offenders have become the targets of some of the most far-reaching and novel crime legislation in the U.S. Two key innovations in recent decades have been registration and notification laws which, respectively, require that convicted sex offenders provide valid contact information to law enforcement authorities, and that information about sex offenders be made public. Using the evolution of state law during the 1990s and 2000s, we study how registration and notification affect the frequency of reported sex offenses and the incidence of such offenses across victims. We find evidence that registration reduces the frequency of sex offenses by providing …
Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck
Bad Samaritanism And The Duty To Render Aid: A Proposal, Mark K. Obseck
University of Michigan Journal of Law Reform
Part I of this Note explains the history of the law's response to Bad Samaritanism. Part II discusses the benefits of enacting a duty to notify. Part III responds to various objections that might be raised against the duty to notify. And Part IV offers a model statute for legislatures to follow in enacting the duty to notify.