SoluProb™: Abortion Counseling


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Presumed Problem

Women seeking an abortion don’t know what they are getting into.


Solution

Drawn-out abortion counseling and waiting periods prior to being allowed to have an abortion.


Narrative

Various state laws require women desiring an abortion to submit to pre-abortion counseling. In some cases, the laws specify that the physician-counsellors give misleading or even inaccurate information crafted to dissuade the women from going through with an abortion. The “problem’ cited concerns the welfare of the women.

A common feature of laws relating to pre-abortion counseling is a waiting period between being counseled by a physician and actually having an abortion. In May, 2016, for example, Louisiana extended such a waiting period from 24 to 72 hours. A 72-hour waiting period was already in effect for Missouri, North Carolina, Oklahoma, South Dakota, and Utah.

The National Partnership for Women and Families, examined a variety of anti-abortion restrictions and reported their findings in Bad Medicine: How a Political Agenda is Undermining Women’s Health Care. Here is a summary of what they found:

⦿ Requiring a health care provider to give — and a patient to receive — tests or procedures that are not supported by evidence, the provider’s medical judgment or the patient’s wishes.
⦿ Dictating the information that a health care provider must or must not
give to a patient, including requirements to provide biased or medically inaccurate information.

⦿ Forcing a health care provider to delay time-sensitive care regardless of the provider’s medical judgment or the patient’s needs.

⦿ Prohibiting a health care provider from prescribing medication using the best and most current evidence, medical protocols and methods.

⦿ Requiring a health care provider and/or medical facility to conform to burdensome licensing restrictions that are not based on scientific evidence and are contrary to modern medical practice.

doctor-patient

Along the same lines, Alex Zeilinski reviewed what she regarded as the worst attempts to restrict abortions during 2015. In addition to “pretending women don’t think over their decision to have an abortion”—hence the extended waiting periods, here are some of the other techniques she highlighted:

  • Forcing abortion providers to try and change women’s minds
  • Telling women that abortion is dangerous and might send them to the hospital
  • Assuming women are getting tricked into having abortions

In relation to the last of these, Zeilinski reports that some abortion clinics are forced to display signage “No one can make you have an abortion against your will,” and women may be forced to sign a form asserting they were not coerced into getting an abortion.

In South Carolina, in April 2016, Democratic State Representative Mia McLeod sought to dramatize what she considered the inappropriate restrictions on women seeking abortion by introducing a “Viagra Bill,” described by The State thusly:

The legislation would restrict access to medicines to treat erectile dysfunction, such as Viagra, by requiring:

▪  A sworn affidavit from a sexual partner detailing an incident of erectile dysfunction in the previous 90 days

▪  A report from a sexual therapist ruling out psychological conditions as the cause of the erectile dysfunction, and

▪  A cardiac stress test and report indicating the patient’s heart can handle sex.

The prescribing doctor also would have to provide a written statement explaining why the drug is necessary and notify the patient in writing about the risks of taking erectile dysfunction drugs.

Men also would have to wait 24 hours to get the drugs, just as women seeking an abortion must receive information and wait 24 hours to have the procedure.

The Viagra Bill was not expected to pass. Nor has it caused lawmakers to eliminate pre-abortion counseling measures.

 

 


Was the Problem Real?

Was the “problem” real? Every now and then we may hear anecdotal reports of women haunted by regret at having gotten an abortion. Given  anti-abortion-protestthe common experience of women entering or exiting family planning clinics, being called “baby killers” and accused of murdering their child, there are no doubt cases of subsequent regret. However, there is no evidence that women seeking an abortion are uninformed about what they are doing.


Negative Consequences

There have been numerous real problems caused by these “solutions.” Restrictive requirements for pre-abortion counseling is made more
difficult by efforts to close abortion clinics—to be discussed in the next chapter. With few clinics available in a state, women will be required to make a lengthy drive twice to obtain one procedure. This is a special hardship for single mothers of modest means. They may be working a couple of jobs to support their existing families. Ironically, those women least able to afford another mouth to feed are the least capable of jumping through additional bureaucratic hoops to avoid adding another baby.

© Earl Babbie 2016, all rights reserved  Terms of Service/Privacy


Sources

 https://rewire.news/article/2016/05/20/louisiana-legislators-three-day-wait-abortion-care/

www.nationalpartnership.org/research-library/repro/bad-medicine-download.pdf

https://thinkprogress.org/8-of-the-worst-and-weirdest-ways-politicians-tried-to-limit-access-to-abortion-in-2015-d128889e3ebb#.m6uja1h4f

http://www.thestate.com/news/politics-government/politics-columns-blogs/the-buzz/article72935742.html

SoluProb™: Benghazi Hearings


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Presumed Problem

Unusual government failures allowed a terrorist attack on the USA Foreign Service in Benghazi on September 11, 2012, which killed four Americans, including the Ambassador to Libya.


Solution

Conduct Congressional hearings to determine what went wrong and what could be done to prevent such tragedies in the future.


Narrative

On September 11, 2012, and eleventh anniversary of the 9/11/2001 attacks on the World Trade Center and the Pentagon, The American embassy in mapCairo came under attack by a mob protesting an anti-Muslim film produced earlier in California. While the Cairo attack was underway, another mob attacked the American consulate in Benghazi, Libya. Four Americans, including Ambassador Chris Stevens, were killed in the latter attack.

Sadly, these attacks and deaths were not unique in the American Foreign Service. During the George W. Bush administration alone, American diplomatic facilities experienced the following attacks, as compiled by Polifact.com.

December 15, 2001: Kathmandu, Nepal

January 22, 2002: Calcutta, India

March 20, 2002: Lima, Peru

June 14, 2002: Karachi, Pakistan

November 9, 2002: Kathmandu, Nepal

May 12, 2003: Riyadh, Saudi Arabia

July 30, 2004: Tashkent, Uzbekistan

October 24, 2004: Baghdad, Iraq

November 25, 2004: Baghdad, Iraq

December 7, 2004: Jedda, Saudi Arabia

January 29, 2005: Baghdad, Iraq

September 7, 2005: Basra, Iraq

March 2, 2006: Karachi, Pakistan

September 12, 2006: Damascus, Syria

July 8, 2007: Baghdad, Iraq

January 14, 2008: Beirut, Lebanon

March 18, 2008: Sanaa, Yemen

July 9, 2008: Istanbul, Turkey

September 17, 2008: Sanaa, Yemen

November 27, 2008: Kabul, Afghanistan

Altogether, these 13 attacks resulted in the deaths of 60 diplomatic personnel. Ten of those were given memorial plaques in the State Department. Foreign Service deaths hardly began with the Bush administration, however. Jane Mayer (2014) gives a first-person account of one of the most horrendous attacks in U. S. Foreign Service history.

Around dawn on October 23, 1983, I was in Beirut, Lebanon, when a suicide bomber drove a truck laden with the equivalent of twenty-one thousand pounds of TNT into the heart of a U.S. beirutMarine compound, killing two hundred and forty-one servicemen. The U.S. military command, which regarded the Marines’ presence as a non-combative, “peace-keeping mission,” had left a vehicle gate wide open, and ordered the sentries to keep their weapons unloaded. The only real resistance the suicide bomber had encountered was a scrim of concertina wire. When I arrived on the scene a short while later to report on it for the Wall Street Journal, the Marine barracks were flattened. From beneath the dusty, smoking slabs of collapsed concrete, piteous American voices could be heard, begging for help. Thirteen more American servicemen later died from injuries, making it the single deadliest attack on American Marines since the Battle of Iwo Jima.

Beirut was a hotbed of anti-American hostility during the Reagan administration. Earlier in the year, the U. S. Embassy was bombed; seventeen Americans and 46 others died. In March of the following year, the CIA station chief was kidnapped, tortured, and murdered, with the terrorists providing a video tape of their actions.

These attacks led to a Congressional investigation and a report detailing the precautions needed to prevent future tragedies. However, that wasn’t the end of the story, as Mayer relates:

In September of 1984, for the third time in eighteen months, jihadists bombed a U.S. government outpost in Beirut yet again. President Reagan acknowledged that the new security precautions that had been advocated by Congress hadn’t yet been implemented at the U.S. embassy annex that had been hit. The problem, the President admitted, was that the repairs hadn’t quite been completed on time. As he put it, “Anyone who’s ever had their kitchen done over knows that it never gets done as soon as you wish it would.”

Mayer muses over how such an explanation would have been accepted by any of the Benghazi committees. While the Benghazi attack was hardly unique in Foreign Service history, the Congressional response was. The question is why?

The four diplomats killed in Benghazi in 2012 were the latest casualties in a long history of risks to Foreign Service personnel. While the Benghazi stevestockmacnattack was still underway, it was assumed that it was another reaction to the anti-Islam film, which provoked the Cairo embassy attack. As time went on and more information surfaced, it appeared that the Benghazi was independently planned and unrelated to the film. In the process of discovery, mixed reports were issued by the administration, producing some initial confusion among the public.

Critics of the Obama administration contended that there was a conscious riceeffort to tailor reports of the attack so as to avoid any responsibility by the President or his Secretary of State. Other charges indicated that Secretary Clinton had either purposely or ineptly failed to protect the embassy and mismanaged the response to the attack once it began. More radical critics even alleged Secretary Clinton knew about the attack in advance but kept it secret from the embassy staff–and when the Air Force wanted to help, she told them not to do so.

For the most part, these allegations appeared in social media with no substantiation. So, the Congress flew into action to get the facts. The Benghazi Research Committee provides a box score of the Congressional investigations so far. Here are a few of the facts.

10 Congressional Committees participated in Benghazi hearings

252 witnesses testified

62 hours of public hearings

13 published reports totaling 1,982 pages

This is not a report on a single investigation. Politifact.com detailed the various Congressional investigations into the Benghazi tragedy.

Investigation 1: The House Committee on Oversight and Government Reform

Investigation 2: The Senate Committee On Homeland Security And Governmental Affairs

Investigation 3: The Senate Select Committee on Intelligence

Investigation 4: The House Committee on Foreign Affairs

Investigation 5: The House Committee on the Judiciary

Investigation 6: The House Committee on Armed Services

Investigation 7: The House Permanent Select Committee on Intelligence

Ongoing Investigation 8: The House Select Committee on Benghazi

Why yet another investigation?  Leigh Ann Caldwell (2015) explains

In his opening statement, Chairman Trey Gowdy, R-South GowdyCarolina, said his committee exists because the focus of the previous seven committees that investigated the attacks were “narrow in scope.” He said that his committee’s investigations are more comprehensive, including plans to interview a total of 70 people and review 50,000 “new” documents. New documents include nearly 8,000 emails sent by Ambassador Chris Stevens, whom Gowdy called a “prolific emailer.”

On October 22, 2015, former Secretary of State Clinton testified for eleven hours before the House Select Committee. At the conclusion of the hearing, Committee Chairman Trey Gowdy famously told reporters that nothing new had been learned.


Was the Problem Real?

While the official “problem” was to discover what when wrong at Benghazi as a means to preventing such tragedies in the future, there was good reason from the beginning to think the “problem” was something else.

None in the long list of investigations produced the condemnation of President Obama and Secretary Clinton some hoped for. There was some confusion in the fog of war as the attack was going on and early reports about the attack proved inaccurate, but there was never any evidence that misreporting was intentional or a coverup.

Responsible military reported that Secretary Clinton had no role in the immediate security response on the ground, nor did she have any authority to do so. Some claimed the administration was generally inadequate in providing embassy security at Benghazi and elsewhere. This charge was difficult back up, however, as Ronan Farrow reported in The Atlantic:

 In Fiscal Year 2011, House Republicans cut $128 million from the Obama Administration’s requests for embassy security issafunding; in 2012, they cut another $331 million. [Darrell] Issa once personally voted to cut almost 300 diplomatic security positions. In 2011, after one of many fruitless trips to the Hill to beg House Republicans for resources, an exhausted, prophetic Hillary Clinton warned that cuts to embassy spending “will be detrimental to America’s national security.”

Finally, Representative Kevin McCarthy (R-CA), being considered to mccarthysucceed John Boehner as Speaker of the House, publicly announced the real problem the investigations were intended to solve. Challenged by a conservative interviewer to name anything the Congress had achieved, McCarthy replied:

Everybody thought Hillary Clinton was unbeatable, right? But we put together a hillaryBenghazi special committee, a select committee. What are her numbers today? Her numbers are dropping. Why? Because she’s un-trustable. But no one would have known any of that had happened had we not fought and made that happen.

No one was all that surprised to learn the “problem” the Benghazi Select Committee was created to solve was not the tragic death of four American Foreign Service workers but the “threat” of Hillary Clinton’s presidential campaign. People were surprised to hear it bragged about on Fox News, however, and Kevin McCarthy did not become Speaker of the House.


Negative Consequences

A great deal of time and money were wasted in an unprecedented witch hunt. Those involved in the investigations might have been doing something constructive for the public good instead. Numerous public servants were attacked in the halls of Congress and maligned in the media.

Worst, perhaps, the memories of Ambassador Chris Stevens, Information Officer Sean Smith, and CIA agents, Glen Doherty and Tyrone Woods were dishonored for the purpose of a political agenda.

Writing in Newsweek, Kurt Eichenwald called the Benghazi hearings “One of America’s Worst Political Outrages.”

The Republicans’ unseemly delight in Benghazi has even spread to political fundraising. There is the Stop Hillary PAC, which broadcast an ad about Clinton and Benghazi. The Virginia GOP held a “Beyond Benghazi” fundraiser where donors had to pay $75 to attend and $5,000 to sponsor the event. A blog post before the 2014 election by the National Republican Senate Committee stated, “Americans deserve the truth about Benghazi, and it’s clear Democrats will not give it to them. Donate today and elect a Republican Senate majority.”

But by far the most egregious examples of Republicans trying to raise money on the backs of the dead was by the National Republican Congressional Committee, the official GOP group that works to elect Republicans to the House. In a blog post on its fundraising website, the NRCC told supporters, “House Republicans will make sure that no one will get away from Gowdy and the Select Committee.’’ The NRCC also sent out an email that contained a link that led to part of the NRCC’s site with a URL that ended with the words “Benghazicoverup-contribute.” That page directly sought money for the committee’s political efforts under the words “You’re now a Benghazi Watchdog. Let’s go after Obama and Hillary Clinton.” Beneath that, and directly next to the suggested contribution levels, was a photograph of Clinton and Obama surrounded by the sentences “Benghazi Was a Coverup. Demand Answers.”

A word of explanation is in order regarding my identifying the Benghazi hearings as a Solution without a Problem. The death of four diplomats at Benghazi was surely a tragedy but not a problem that could be solved after the fact. As to the problem of learning ways to better protect Foreign Service employees, that had been fully addressed by the early investigations. The endless line of Benghazi committees had no more to do with improving embassy security than Voter ID laws are really intended to prevent ineligible voters from impersonating eligible ones at polling stations. Both were designed for transparently partisan advantage.

© Earl Babbie 2016, all rights reserved  Terms of Service/Privacy


Sources

Politifact,  “A List of Deadly Terrorist Attacks on U.S. Diplomatic Targets Under President George W. Bush, 2001-2009”

Ronan Farrow, “The Real Benghazi Scandal,” The Atlantic, May 16, 2013

Benghazi Research Committee, “Benghazi by the Numbers”

Clayton Youngman, “Clinton: 7 Benghazi probes so far,” Politifact, October 5, 2015

Leigh Ann Caldwell, “Five Takeaways From Clinton’s Benghazi Testimony, NBC News, October 22, 2015.

Jane Mayer, “Ronald Reagan’s Benghazi,” The New Yorker, May 5, 2014

Politifact, “In Context: What Kevin McCarthy said about Hillary Clinton and Benghazi,” October 7, 2015

Kurt Eichenwald, “BENGHAZI BIOPSY: A COMPREHENSIVE GUIDE TO ONE OF AMERICA’S WORST POLITICAL OUTRAGES,” Newsweek, 10/21/15

SoluProb™: Sex Offender Registry

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Guest Author: John Sloan, University of Alabama (Birmingham)

In establishing this project, it has been my intention to encourage others to identify and expose Solutions without Problems. This report by Professor John Sloan is the first such response to that intention, and I am delighted to share it with you. Dr. Sloan has been willing to open up a topic marked by profound emotions and identify an aspect of that topic that truly qualifies as a soluprob.      –Earl Babbie


Presumed Problem

Convicted sex offenders pose a major threat to communities of reoffending once released from prison.


Solution

Pass laws that require states (and the federal government) to monitor sex offenders via registration and community notification, and involuntarily commit sex offenders to psychiatric hospitals after end of sentence.


Introduction

“Public opinion reinforced by portrayals in the media and in popular culture, suggests that sex offenders will almost always repeat their predatory acts in the future and that all treatments for perpetrators are ineffective. The truth is not so cut and dried.” – Scientific American

FindOffendersFew crimes cause greater public outrage and concern than do so-called “sex crimes,” especially the rape or molestation of children. Many women – and more than a few men – have, themselves, been victims or have friends or relatives who have experienced sexual victimization at the hands of people they knew: priests, teachers, public officials, colleagues and supervisors at work, and family members. Women and girls experience extraordinarily high levels of sexual victimization at the hands of men and boys, many (if not most) who are known to them. Because sexual victimization has touched so many people and generated so much attention and emotion, public attitudes toward sex crime offenders tends to boil down to fear of them and extreme punitiveness toward them.

In 2015, over 740,000 people in the United States were registered “sex offenders” (see Table 1) –more people than live in the Cities of San Francisco, Baltimore, or Boston. What this means is that all of these people had, since the 1990s when registration first began occurring, either served time in jail or prison or been placed on probation for a dizzying array of sex-related offenses ranging from urinating in public to violent rape of children and were, as a result, required to register with the local authorities as a sex offender.

jaredRecent cases involving sexual misconduct by Jared Fogel (former Subway spokesperson), Jerry Sandusky (former football coach at Penn State), and actor Bill Cosby have generated a great deal of attention. At the same time, legislators have been busy proposing ever more enhanced punishments for sex offenders. Headlines such as “Alabama legislator wants to castrate sex offenders who abuse kids” or “Guam passes legislation to chemically castrate sex offenders” grab our attention and show a widely held orientation toward dealing with sex offenders. Other headlines such as “When predators are women” and “MANHUNT: Convicted sex offender allegedly lured 14-year-old girl from home” both titillate and terrify readers.

 

Table 1. Sex Offender Statistics (September, 2015)
Total number of registered sex offenders nationwide in the U.S. 747,408
Percent of sentence actually served (on average) by sex offenders 44
Percent of boys sexually molested by someone they knew 93
Percent of girls sexually molested by someone they knew 80
Percent of children sexually abused who become abusers later in life 30
Percent of sexual assaults that occur between 6:00 pm and 12:00 am 43
Source: Statistics Brain

 

Clearly, the sexual abuse of another person – adult or child – is a serious crime warranting serious punishment. However, when it comes to these types of offenses, the public and policy makers have worked hard to create a solution for a problem that does not exist.

The Mythology of Sex Offenders in America

Consider the following:

Women and children are in great danger in American society because serious sex crimes are very prevalent and are increasing more rapidly than any other type of crime.

Practically all serious sex crimes are committed by “degenerates,” “sex fiends,” or “sexual psychopaths.”

Sexual psychopaths continue to commit serious sex crimes throughout life because they have no control over their impulses.

Sexual psychopaths can be identified with a high degree of precision even before they have committed any sex crimes.

A society which punishes sex criminals, even with severe penalties, and then releases them to prey again upon women and children is failing in its duty.

Laws should be enacted to segregate such persons, preferably before but at least after their sex crimes, and to keep them confined as irresponsible patients until their malady has been completely and permanently cured.

Since sexual psychopathy is a mental malady, the professional advice as to the diagnosis, the treatment, and the release of patients as cured should come exclusively from psychiatrists.

Do these sentiments sound familiar? That the words were written by the great American criminologist Edwin Sutherland in 1950 in a famous article titled “The Sexual Psychopath Laws” should give all of us pause. What should also give us pause is what Sutherland writes next: “All of these propositions, which are implicit in the laws and explicit in the popular literature, are either false or questionable (emphasis added)” (Sutherland, 1950, p. 543). When it comes to sex offenders, indeed, “everything old is new again.” A number of scholars, including Marcus Galeste and his colleagues, have examined – and debunked – various myths about sex offenders that are often presented, repeated, and perpetuated by media, law enforcement, and state legislators. These myths, in turn, have strongly influenced policy responses to sex offenders.

One of the biggest myths about sex offenders that led directly to policies like offender registration lists and community notification requirements is that sex offenders have very high rates of recidivism. The empirical evidence, however, says otherwise. For example, Matthew R. Durose, Patrick A. Langan, Erica L. Schmitt of the U.S. Department of Justice’s Bureau of Justice Statistics published a report in 2003 that tracked patterns of rearrest, reconviction, and reimprisonment of 9,691 male sex offenders, or two-thirds of all male sex offenders released from prisons in 15 states in 1994, including 3,115 rapists, 6,576 sexual assaulters, 4,295 child molesters, and 443 statutory rapists tracked for 3 years after their release. Compared to non-sex offenders, sex offenders had a lower overall re-arrest rate. When rearrests for any type of crime (not just sex crimes) were counted, the study found that 43% (4,163 of 9,691) of the 9,691 released sex offenders were rearrested but 68% of the remaining offenders (179,391 of 262,420) were rearrested. Among sex offenders, just 3.5% were reconvicted of a sex crime within three years of being released from prison. R. Carl Hanson and Kelly E. Morton-Bourgon (2009) conducted a meta-analysis of the results of 110 published and unpublished studies of sex offender recidivism covering the period 1972 through 2008, that included 118 unique samples containing 45,398 offenders from 16 countries. Their study included three outcome measures: (a) any sexual recidivism vs. no recidivism or only nonsexual recidivism; (b) any sexual or violent recidivism vs. no recidivism or only nonviolent recidivism; and (c) any recidivism vs. no recidivism. They found that the sexual recidivism rate was 11.5%, the sexual or violent recidivism rate was 19.5%, and the general (any) recidivism rate was 33.2% over an average follow-up period of 70 months

A second myth about sex offenders is that treatment – however defined – doesn’t work (or, more strongly, “nothing works” with these offenders). Mass media, including police procedurals on TV like Law & Order SVU and news outlets, commonly portray sex offenders as being incapable of benefitting from any form of rehabilitation and therefore solutions such as chemical or actual castration, or locking offenders away for life in prison or a psychiatric hospital are the only viable solutions. Evidence however, shows a different story. Several studies have demonstrated that cognitive-behavioral therapy and multisystemic treatment can be successful in reducing recidivism by sex offenders.

A third commonly believed myth about sex offenders is that most victims fall prey to strangers, thus the popular mantra “Stranger Danger.” Again, the empirical evidence shows otherwise: most victims of rape, sexual assault, child molestation and many other sex offenses know their offenders. In one study, 3 out of 4 molested children were victimized by people they knew. According to the Centers for Disease Control and Prevention (CDC), in 2012 among female rape victims, perpetrators were reported to be intimate partners (51.1%), family members (12.5%), or acquaintances (40.8%) (these figure exceed 100% because respondents may have experienced more than one victimization by offenders falling into two or more categories).

Homogeneity is a fourth commonly held belief about sex offenders. That is, “all sex offenders are the same” and as a result many of the responses to them take a “one size fits all” approach. The reality is that sex offenders vary greatly in the causes of their behavior, in the types of crimes they commit, in the length of their careers, and whom they victimize. One size fits all may work for items like gloves, but not sex offender programs.

Sex Offenders Across Historical Eras

History can often prove useful for understanding how solutions to non-existent problems develop. Derek Logue (2012) has identified four historical eras that shaped government responses to sex offenders. The first era is what he calls the Construction/ Progressive Era (1880-1935), during which advances in sociology and psychology created the first stereotypes of sex offenders. The Sexual Psychopath Era (1930-1955) was important because during this period early national media sensationalized child abduction and murder cases, including the Lindbergh baby case and the Leopold and Loeb child murder case, which created public perception of an “epidemic” of these kind of cases occurring and gave rise to new laws including castration of sex offenders, involuntary civil commitment, and the first attempts at creating registries for offenders. This period also saw the FBI, under J. Edgar Hoover, make sex crimes a national focus and spread the “Stranger Danger” refrain that remains popular today. This period also saw J. Paul DeRiver establish the nation’s first “Sex Offender Bureau” in 1937 and create casebooks used to train law enforcement that emphasized sex offenders as “monsters.” Finally, this second era, marked by waves of predator panic, saw the rise of psychiatric influences on policy-making concerning sex offenders. The Rehabilitative/ Liberal Era (1950-1980) was marked by experimentation with sex offender policies, by dialogue outside the dominant “monster” view of sex offenders, distrust of law enforcement and psychiatry, and a growing social acceptance of certain “deviant” sexual behaviors. The final era, what Logue calls the Containment Era (1980-Present) has been marked by unparalleled punitive responses to sex crimes, the rebirth of old ideas about sex offenders while implementing newer, more novel ideas.

Despite differences within the four eras, Logue (2012) argues that depictions of sex offenders as “monsters” is a consistent theme and that various stereotypes of them – rather than empirical evidence – shaped legislative responses to them across the four eras.

Policies Targeting Sex Offenders

Faced with public pressure to “do something” about the perceived epidemic of sex offenders molesting innocent children, policy makers responded by creating laws requiring (1) sex offenders to register their addresses with local authorities, (2) local authorities to notify the community that a sex offender had taken up residence, and (3) commitment to psychiatric  hospitals for sex offenders deemed “too dangerous” to be released back into the community. Table 2 presents a state-by-state list of policies relating to sex offenders.

Table 2. State Sex Offender Laws

Table2

Source: The Council of State Governments

Registration and notification. Registries of sex offenders exist at the federal and state level. Their purpose is to assemble information about people deemed “sex offenders” who are required to register by law based pubnoticeon their conviction offense. This information is then made available for consumption by both the public and law enforcement. Currently, all 50 states, the District of Columbia, and the federal government maintain registries that are open to the public and can be searched via web portals; in some states, certain information about offenders is only available to  law enforcement. In these cases, a trial judge is typically barred from considering mitigating factors with respect to registration requirements. Importantly, requirements for who must register as a “sex offender” vary greatly from one jurisdiction to another. The length of time which the offender is required to maintain his or her registration also varies by offense and jurisdiction. In some instances, offenders may be required to maintain their registration for life.

Registration typically involves the offender sharing with law enforcement their full name and any aliases, their current address, place of employment, telephone number(s), and email address(es). Offenders are typically photographed and fingerprinted by law enforcement, and in some cases DNA information is collected and stored. Additionally, thirty states subject registrants to restrictions that prohibit them from living or working within a defined distance of a school, public parks, and other “common areas” of the community where children may gather.

Mandatory registration of sex offenders came about because of three laws. The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994 was enacted as a part of the Omnibus Crime Bill of 1994 and established guidelines for states to track sex offenders by confirming their residence annually for 10 years after release into the community or quarterly for the rest of their lives if the offender had been convicted of a violent crime like rape.

“Megan’s Law” refers to the requirement that all states and the federal government notify communities that sex offenders are living in them. The law is named after 7-year-old Megan Kanka, a New Jersey native who was brutally raped and murdered in 1994 by a convicted sex offender who was a neighbor. Since few states required registration prior to her death, the law refers to an amendment to the Jacob Wetterling Act that requires both registration and community notification of sex offenders.

The Adam Walsh Child Protection and Safety Act of 2006  is a federal statute that organized sex offenders into three tiers according to the crime committed. The law mandates that certain offenders (Tier 3 offenders) update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months for 25 years, and Tier 1 offenders must update their whereabouts every year for 15 years. The law makes failing to register a federal offense. States are required to publicly disclose information of Tier 2 and Tier 3 offenders, at minimum. It also contains civil commitment provisions for sexually dangerous people. The Act created a standard for sex offender registries whereby each state and territory applies identical criteria for posting offender data to their registries. Empirical evaluations of sex offender registration, such as that completed by the Government Accountability Office (GAO) in 2013, indicate that registration creates more work for law enforcement, may lead to retaliation against offenders by members of the larger community, and negatively affects housing and employment opportunities. There is also no evidence that registration has a significant effect on recidivism.

Rachel Bandy (2011) evaluated the claim that sex offender notification is positively correlated with the public’s adoption of protective behavior; this study found no statistically significant relationship between receiving watchdognotification about a high-risk sex offender and the adoption of self-protective behaviors, controlling for differences in sociodemographics and neighborhood type. Her results undermine basic assumptions on which registration and notification have been built.  Her results also indicate that notification does not support the claim the public is safer from sex offenders as a result of notification laws.

Civil commitment after end of sentence (EOS). Twenty-one states and the federal government currently allow civil commitment for sex offenders after they have completed their term of sentence. What these schemes allow is for the state to petition the court to commit the offender to a psychiatric hospital for an indefinite term because the offender poses a significant threat of reoffending. In 2010, in the landmark case United States v Comstock (560 U.S. 126), the U.S. Supreme Court upheld these schemes as constitutional.

These schemes have generally survived constitutional scrutiny on the grounds they are not a second prison sentence, but rather serve the non-criminal ends of protecting society and helping rehabilitate violent sex offenders. Legislation underlying these schemes often confirms the treatment objective by explicating statutory guidelines for sex offender treatment programs.

However, Jeslyn Miller has argued that while treatment is guaranteed by various statutes, legislation, case law, and the Constitution, the guarantee of treatment is an empty promise. Offender participation in post-incarceration treatment, in fact, harms him or her because he or she must discuss his or her fantasies and past behavior as part of the treatment plan. Prosecutors in turn can then use this information to secure further confinement. This “treatment paradox” may result in offenders electing not to seek treatment and effectively denies them “the opportunity to heal and obtain release from commitment through treatment.” Christina Mancini and Daniel Mears have likewise observed that various appeals courts have repeatedly upheld policies relating to sex offenders, despite scientific evidence calling them into question.

 

Is the Problem Real?

Recall that sex offender registration and notification and civil commitment after EOS are intended to prevent “monsters” from further victimizing members of the community. The question is whether the problem of sex offenders recidivating warrants the policies that have been put into place by both the federal government and the states.

Clearly, most people would agree that some sex offenders – recidivist pedophiles or rapists come to mind – are dangerous, deserve significant punishment, and probably should be monitored closely. However, among the 700,000+ registered sex offenders, how many of them fit into those particular categories? Likely very few since career pedophiles and rapists typically end up incarcerated for life.

The problem is that over the past 30 years or so, we’ve literally lumped dangerALL sex offenders together and our policies treat them the same. For example, we more or less treat the 17-year-old high school student who “sexts” a nude picture of himself or an erotic message to his 16-year-old girlfriend (or vice-versa) or the young woman who urinates in public after a “night on the town” the same as someone who exposed himself to a group of school children while masturbating or sexually assaulted a woman while at a party. In the case of sexting, some overzealous prosecutors have even pursued child pornography charges against the person sending the nude image(s). In most states, all of these folks would end up on a sex offender registry and the community would receive notification these people are living there.

Who’s On Sex Offender Registries?

While one may think this would be an easy question to answer, the truth is it’s not. According to Arlissa Ackerman and her colleagues (2011), “. . . limited research has been done to shed light on the characteristics of registered sex offenders, such as their demographics, the types of offenses they have committed, their victim preferences, and the risk they may pose for future criminal behavior.” They continue by arguing that “Such analyses have been complicated by the decentralized nature of publicly available registry data and the general lack of availability of these data to researchers” despite the recent creation of a national sex offender registry. In fact, according to Ackerman and colleagues (2011) “no national database exists by which researchers can draw data from multiple states. Therefore, the few studies that have included descriptive data of samples from registered sex offenders have been conducted in individual states, and there is no standardization or uniformity to the types of characteristics described in various studies.”

lawpsych

One large-scale attempt to answer the above question was undertaken by Alissa Ackerman and her colleagues (2011) when they created a national profile of the registered sex offender (RSO) population, drawn from an analysis of data on 445,127 RSOs obtained from the public registries of 49 states (Michigan was not included for various technical reasons), Washington, DC, Puerto Rico and Guam between July and December of 2010. While these data are somewhat dated and there are many limitations with them (acknowledged by Ackerman and her colleagues), we have not found any similar published studies using national-level RSO data.

Below, is a summary table of their results:

Table 3. National Snapshot of Registered Sex Offenders (RSOs) (2010)

Age (mean) 45
Age (median) 44
Age Range 12-99
% white 66
% male 98
% with victims < 14 70
% designated as high risk or Sexually Violent Predators (SVPs) (number of states reporting)a 13

(25)

% designated specifically as absconded 5
% specifically designated as homeless/transient (number of states reporting) 6

(43)

% specifically designated as living in community (not reported as deceased, deported, or institutionalized) 88%

a Percentage does not include those listed as sexually violent or sexually dangerous. When those individuals are accounted for, the summary of those designated as SVP changed slightly to 14%.

Ackerman and her colleagues discussed their results as follows (emphasis added):

  1. Substantial differences in state registry variables produced challenges in developing standardized measures by which to conduct data analyses. These limitations are instructive to understanding the significant operational and definitional challenges facing the nation’s Sex Offender Registry Notification (SORN) systems, which are particularly germane to current policy deliberations occurring at national, state, and tribal jurisdictional levels concerning the future of registration and notification policy and practice.
  2. The sample of sex offenders in this study comprised only those contained on publicly accessible state registries; offenders not subject to public disclosure (approximately 37% of the nation’s registered sex offenders) are ostensibly rated as lower risk and therefore the current sample reflects a higher risk group (emphasis added)
  3. Registered sex offenders are overwhelmingly male and white although African Americans are overrepresented (22%) based on their share of the population (~13%) and are especially overrepresented in several states.
  4. Individuals of all ages are found on the nation’s registries, but the average RSO is in his mid-forties. This is noteworthy, because as more people are placed on registries for long durations (or life) with little attrition, the mean age will continue to grow older and include a growing proportion of aging or elderly individuals who probably pose lower risk for reoffending (emphasis added)
  5. Considerable numbers of RSOs do not reside in the community (emphasis added). Public Internet-based registries were designed to alert citizens to the presence of sex offenders living nearby so that action can be taken to potentially prevent victimization. It is unclear why deported or deceased offenders remain on public registries, as the public safety value of this information seems dubious
  6. Despite reports that over 100,000 sex offenders are missing or noncompliant, the public registries analyzed in this study provide little direct evidence to support this assertion
  7. Approximately 37% of RSOs are not on public registries which means over one-third of the nation’s sex offenders have been assessed by their state’s sex offender management procedure as posing a low risk for future offending. Even among those found on public registries, a wide distribution of risk exists, with a minority designated in most states as high risk, predator, or sexually violent

Among their conclusions (emphasis added):

  • Painting a national picture of RSOs remains elusive and is confounded by the fragmented nature of the nation’s sex offender registry system
  • The rules seeking to impose jurisdictional uniformity are far more likely to obscure important differences among registered offenders than to shed more light on them
  • The considerable obstacles encountered reflect fundamental structural issues that potentially may be exacerbated rather than ameliorated by the rules
  • We found considerable heterogeneity in the RSO population across multiple dimensions, contrasting the stereotypical views of sex offenders that permeate public perception. Offense titles as defined by the Adam Walsh Act are insufficient to determine an individual’s relative threat to a community or to adequately inform law enforcement officers responsible for supervision and monitoring.

 

Discussion

Where does all this leave us? Rejecting out-of-hand the emotional and physical scars left by sex offenders on their victims cannot – nor should it – be ignored, shrugged off, or lessened. Clearly, children and adults who experience sexual victimizations are scarred, sometimes for life. At the same time, the issue is whether current solutions address real problems associated with sex offenders, specifically with their recidivism. Does registering sex offenders reduce future offending and make communities safer? Does community notification affect steps taken by prospective victims to reduce the likelihood of victimization? Does civil commitment post EOS really incapacitate those most deserving?

When one gets past the stereotypes and the emotion, policies relating to sex offenders have created solutions for a problem that does not exist. First, there are a host of problems with registries created to track sex offenders. About one-third of offenders are not even included in publicly available registries. Registries fail to adequately differentiate among offenders’ risk for reoffending. Rules put into place in an effort to standardize registry information have seemingly made the situation worse.

Second, there is little empirical evidence indicating that sex offenders recidivate at a rate that warrants the kind of monitoring they receive. While consensus does not exist among researchers, there is reasonable evidence showing that sex offenders reoffend at levels that are often lower than non-sex offenders and do not necessarily commit another sex crime. A related aspect here is wide variability in the accuracy of predictive tools to assess sex offenders risk for recidivism. For example, a recent national-level study of high risk offenders found systematic variability in the rate of sexual recidivism based on structured risk assessment instruments. By itself, being classified as “high risk” for recidivism could not generate with any confidence the particular probability of repeat sexual offending by any one offender.

Third, and people rarely want to discuss this, are the problems created from being labeled a “sex offender” including difficulties in finding housing or employment, difficulties in developing and keeping relationships with other people, barriers to parenting (e.g., attending school-sponsored events), and backlash from neighbors. According to Frenzel and colleagues (2012) “Sex offenders, unlike other offenders, are not only punished by the sentencing sanction, but also by the stigmatization of the public registration process and community members’ knowledge of them being on the registry. As previous research has found, community notification and registration efforts have created collateral consequences for registrants as well as their families.”

Finally, there’s also an issue of fairness as well. Is it fair that our 17-year-old “sexter” should be forced to register annually for upwards of 10 years while career burglars who likely pose a much greater danger to the community once released from prison are “free” to live out their lives with far less interference from the state?

Conclusion

Sex offenders are stereotypically viewed as “monsters” from whom the state is obligated to protect its citizens. As a result, policies deemed a solution to the problem of sex offenders have been freely adopted by all levels of government despite scientific evidence indicating that the theories upon which they are based are flawed and specific policies like registration, notification, and civil commitment have unintended and gravely negative consequences for offenders that may actually cause them to engage in further criminality.

© Earl Babbie 2016, all rights reserved  Terms of Service/Privacy

Further Reading

Garland, D. (2002). The culture of control. Chicago: University of Chicago Press.

Jenkins, P. (1998). Moral panic: Changing concepts of the child molester in modern America. New Haven, Ct: Yale University Press.

Leon, C. (2011). Sex fiends, perverts, and pedophiles: Understanding sex crime policy in America. New York: New York University Press.

Zilney, L. & Zilney, L. (2009). Perverts and predators. Lanham, MD: Rowman & Littlefield Publishing Group.

 


SoluProb™: Prohibit lane-splitting

lanesplitting

 Acknowledgement:

To Byron Callas for suggesting this SoluProb™


Presumed Problem

In slow-to-standstill traffic, motorcycles sometimes move down the space between lanes of cars, thereby creating a hazard.


Solution

Prohibit the practice of motorcycles “lane splitting,” also known as lane sharing or filtering.


Narrative

Lane splitting is illegal in 49 states in the USA and in all of Canada, though it is a common practice in much of the world. In August, 2016, hollywood-vector-doodle_G1bnWtLO_LCalifornia made the practice officially legal, though it had been informally tolerated previously unless it was done recklessly. As the LA Times Reported (2016):

California is expected to become the first state in the nation to formalize the practice of lane splitting after state Assembly members on Thursday passed a bill authorizing the California Highway Patrol to establish guidelines for motorcyclists on how to do it safely.

The bill, sponsored by Assembly member Bill Quirk (D-Hayward), passed Thursday with a 69-0 vote. It now goes to Gov. Jerry Brown for his signature. On the floor, Quirk said the proposed law had many positives, including reducing traffic congestion and promoting safety.

 

Was the Problem Real?

Research on motorcycle accidents over the years have failed to identify lane splitting as hazardous. Indeed, when California (allowing lane splitting) was compared with Florida and Texas (disallowing it), California had 30 percent fewer motorcycle fatalities due to rear end collisions. Motorcycles running into opening car doors is rare.

In 2010. Myra Sperley Amanda Joy Pietz at the Oregon Department of Transportation Research Section did a major review of the literature relevant to this topic in the USA and Europe. They concluded, in part,

A review of literature relevant to lane-sharing revealed that research on the topic is limited. No studies were found that primarily focused on the benefits or safety concerns of the practice. Benefits were often cited in motorcyclist advocacy publications and enthusiast articles. Quantitative data were limited and more generally related to capacity and emission benefits of motorcycles relative to cars.

Relevant to the safety implications of lane-sharing, motorcycle crash causation studies provided the most direct information on lane-sharing. Studies, such as the 1981 Hurt report and the 2009 MAIDS report, considered lane-sharing as a causation factor. Statistics from these and other publications showed that lane-sharing was a factor in <1% to 5% of motorcycle accidents. Because studies incorporating lane-sharing as a potential causation factor are limited, the range presented above should be considered with caution.

They further conclude by saying “more research is needed,” the mantra for the Researcher Full Employment Plan. (Disclosure: I have spent a long career as a social researcher.) Levity aside, we clearly don’t know the full story about the potential dangers of lane splitting by motorcycles, but everything we do know suggests the risks are minimal. This is especially true when we compare lane-splitting accidents with motorcycles being rear-ended in the middle of lanes.


Negative Consequences

Banning lane splitting and enforcing such laws has had the consequence of slowing traffic for both cars and motorcycles. The longer motor vehicles sit idling in traffic, the greater the air pollution. We could imagine that drivers suffering through traffic congestion may suffer increased cardio-vascular problems and may be more likely to abuse their spouses and children–though that may be a stretch.

© Earl Babbie 2016, all rights reserved  Terms of Service/Privacy


Sources

Oregon Report on Lane Sharing

Lane Splitting Resources & Links

Motorcycle.com

Hurt Report 

SoluProb™: Conversion Therapy


young-sad-lesbians

Presumed Problem

People are choosing to become homosexual when they should choose heterosexuality.


Solution

Religious and secular programs of Conversion Therapy (aka Reparative Therapy) aim to turn homosexuals into heterosexuals.


Narrative

Homosexuality has been viewed variously in different societies and at different times in history, but it has been viewed negatively through most of American history. That negative view has been accompanied by a variety of punishments. In colonial Virginia, death was a possible punishment for being gay. Thomas Jefferson sought to replace that punishment with castration, but he was unsuccessful.

 

By comparison, Conversion Therapy or Reparative Therapy might seem a gentler solution: help gays switch to being straight. A variety of religioussad-gay-guys and secular programs were popular during the second half of the 20th century and into the beginning of the 21st. In some cases. individuals voluntarily sought conversion as an escape from the stigma of being gay. And in other cases the impetus came from the parents of gays.

The methods used in the attempt to change sexual orientations included “pray away the gay,” the use of prostitutes, electric shocks, hormones, and a long list of psychotherapeutic and psychoanalytic techniques. During much of this period, homosexuality was officially regarded as a mental illness by many medical and psychological associations.

 

 


Was the Problem Real?

In 2001, the U. S. Surgeon General reported that there was no evidence supporting the possibility that sexual orientation can be changed, but that conclusion was contradicted by a psychoanalytic study by Dr. Robert Spitzer. The latter study was based on interviews with some 200 participants in conversion therapy programs, and Spitzer took their comments as evidence that sexual conversion was, in fact, possible. Ten years later, however, Dr. Spitzer retracted his conclusions and apologized to any gay people who had been hurt by his earlier, widely publicized, study. He acknowledged problems in his methodology and rejected his earlier findings.

It is now almost universally agreed within the medical and psychological communities that sexual orientation is no more a matter of choice than being right-handed or left-handed.( Interestingly, some lefties recall their parents trying to force them to switch to being right-handed. And that was about as successful as converting gays to straights.)

The Human Rights Campaign has compiled a list of some of the professional associations who have denied the efficacy of conversion therapy.

  • American Academy of Child Adolescent Psychiatry
  • American Academy of Pediatrics
  • American Association for Marriage and Family Therapy
  • American College of Physicians
  • American Counseling Association
  • American Medical Association
  • American Psychiatric Association
  • American Psychoanalytic Association
  • American Psychological Association
  • American School Counselor Association
  • American School Health Association
  • National Association of Social Workers
  • Pan American Health Organization (PAHO): Regional Office of the World Health Organization
  • Just the Facts Coalition

gay-guys

At the same time, former leaders of conversion therapy programs have publicly renounced such attempts to get the gay out. Nine such ex-leaders prepared a formal apology to the gay community. Time Magazine described the experience of one of the former leaders.

Yvette Schneider spent a little over a decade as an active participant and a leader in the gay conversion therapy movement. In other words, she spent years working to convince men and women that they could stop being gay, lesbian, or bisexual through suppression and therapy.

But in 2010 she began to see things differently. At the time, Schneider did not share her feelings with her colleagues, but that same year, she was let go from her position as the director of the women’s ministry at Exodus International— a leading sexual orientation conversion organization that closed in 2013.

“I realized that no one was actually saying, ‘I’m straight,” she explains, referring to the post-treatment disposition of the Exodus clients she saw. “You can go through years of therapy and what are you left with—shame?”

Here’s the bottom line. If you are secular in such matters, biology makes some people heterosexual and others homosexual. If you are religious, then God made that choice. Conversion therapy is a solution without a problem.

girl-friends


Negative Consequences

In their letter apology, the nine former conversion therapy leaders nicely summed up the kind of damage done by this unnecessary “solution.”

Conversion therapy reinforces internalized homophobia, anxiety, guilt and depression. It leads to self-loathing and emotional and psychological harm when change doesn’t happen,” the letter reads. “We now stand united in our conviction that conversion therapy is not “therapy,” but is instead both ineffective and harmful.

Not only has conversion therapy damage those who were subjected to it, but it perpetuates the view that homosexuality is wrong, evil, sinful, and unnatural. That is the view supports actions like those of the thugs who murdered Matthew Shephard, the Orlando 49, or countless others who have been shamed, beaten, or killed for the sexual orientation they were dealt at birth.

© Earl Babbie 2016, all rights reserved  Terms of Service/Privacy


Sources

Wikipedia on Conversion Therapy

Human Rights Campaign

Time Magazine

SoluProb™: War on Terror

diagram

Presumed Problem

America is at risk of being invaded by Islamic terrorists who will impose Sharia Law.

Solution

We must make war on terrorists abroad and be willing to give up many of slash-terrorour freedoms to allow the authorities to fight terrorists here in America.


Narrative

Elsewhere on this website, I have suggested that President Bush made a tragic mistake by declaring the 9/11 attacks on the World Trade Center and the Pentagon as acts of war rather than crimes. Traditionally, wars are a conflict between nations, although Americans have been quick to declare a War of Poverty, a War on Drugs, and now, a War on Terror. We even speak of a War on Women and a War on Christmas. War seems never far from our minds, when war, in almost all cases, is the most costly, least constructive solution to the problems we all face.

Clearly, we have had some difficulty identifying our enemy in the War onosama-poster Terror, since there is no Terror Republic or Union of Terror. So the War of Terror initially identified Iraq as the enemy even though they had no involvement in the 9/11 attacks, nor were they planning to make war on the USA.

Some in the USA were willing to shift the enemy to the Islamic religion, and some Muslims in the Middle East were willing to support that reframing, calling themselves the only True Islamic Caliphate.

Soon the world was confronted with a movement known in the Middle East and parts of Europe as Daesh–often translated as “to trample and silouettescrush.” It is intended as an insult and a denial of the nationhood suggested by the the term Islamic State in the abbreviations, ISIS or ISIL. Ironically, whenever we use the terms ISIS or ISIL, we are granting statehood to the terrorist movement known as Daesh by those more directly confronting it.


Was the Problem Real?

Terrorism is real, especially in the Middle East and less extensively in Europe. However, the chance that you will be killed by “Islamic terrorists” in the USA is dwarfed by the likelihood of your dying at the hands oflightning-strike_Gk8zdCIO_L “Christian terrorists,” drive-by shootings, drunk drivers, lightning, or prescription-drug overdoses. While the risk is above zero, it is tiny.


Negative Consequences

One of the early consequences of the declaration of war on terrorism was the Patriot Act, passed by Congress on October 26, 2001, with the official title of “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.” It was and remains controversial. Here are just a few of the actions allowed by the Act.

The Patriot Act allows “sneak and peek” searches of homes and libertybusinesses without the knowledge, let alone permission, or those who live or work there. Libraries can be forced to tell government agents what books you have taken from the library–and they are prohibited for letting you know that happened. The Act provides for sophisticated monitoring of telephones and emails.

“Suspected” terrorists can be arrested and held without an attorney indefinitely. If such suspects are brought to trial, those trials can be heldguantanamo in secret military tribunals. There is no guarantee of a trial by jury, no right to examine evidence, and an absense of other rights guaranteed by the Constitution.

The Operation TIPS program initially encouraged Americans to report anyone they thought might be a terrorist, though that program has evidently been cancelled. However, this illustrates the paranoia and hysteria engendered by putting the defense of terrorism on a wartime footing.

Some law enforcenent officials say the provisions of the Patriot Act have allowed them to prevent some acts of terrorism. Obviously, I am not in a bombposition to verify or deny such claims, but I would point out that criminal acts, even acts of terrorism, have been dealt with effectively prior to the Patriot Act. In an earlier post on the US Invasion of Iraq in 2003, I reminded us of the 1993 terrorist attack on the World Trade Center. In that instance, President Clinton chose to frame the attack as a crime, and the existing law enforcement agents went into action. Eventually, the attackers were identified, arrested, tried, and punished. No Constitutional rights were set aside in that instance.

No one wants us to be defenseless against foreign or domestic acts of terror, but framing that defense as a War on Terror creates more problems than it solves. Except for the creation of a War on Terrorism, there would been no justification for invading Iraq, no destruction of Saddam Hussein’s heavy-handed control of radicals there, and very likely no Daesh. Thousands of American deaths and countless thousands of Iraqi deaths would have been avoided. It is hard to fathom the amount of devastation that has resulted from the “War on Terror”–so far.

 

© Earl Babbie 2016, all rights reserved  Terms of Service/Privacy


Sources

Global Issues

Alternet, 5 Ways the War on Terror Has Changed Your Life

Foreign Policy Journal, ISIS: The “unintended consequences” of the US-led war on Iraq

Freedom House, The Civil Liberties Implications Of Counterterrorism Policies: Full Chapter

SoluProb™: More Babies

 


empty-cradleNote: 

This post was initially entitled, Birth Dearth. However, my previous practice has been to name posts after the Solution without a Problem rather than the presumed problem. Hence the name change.

Presumed Problem

The reduced fertility rate in the USA will cause economic and other problems.


Solution

Encourage Americans to have more babies.

crawling-babies

Narrative

In 1968, Paul Ehrlich and David Brower published The Population Bomb, which was the first serious warning about overpopulation since Thomas Malthus published several editions of An Essay on the Principle of Population between 1798 and 1826. The Population Bomb led to the formation of Zero Population Growth (now Population Connection) and other research and activist organizations. Overpopulation became a hot button issue. It was seen as the chief cause of world hunger, resource depletion, and pollution, as well as aggravating international conflict, public health problems, species extinctions, and a host of other problems.

Despite the widespread concern and activity since 1968, the world’s crowdpopulation has more than doubled from 3.5 billion to 7.4 billion. The UN now predicts world population will reach 9.7 billion by 2050. The population of the USA has increased by more than half since 1968 from 207 million to 32o million).

Though world and American population has continued growing at what many consider an alarming rate there have been some signs of progress. In fact, some developed nations have reduced their fertility rates to below replacement (2.1 births per woman). Currently, the average American woman bears 1.87 children; German women 1.44; British women 1.89; Japanese women 1.4; Taiwanese women 1.12; Russian women 1.61; Canadian women 1.59 to name just a few.

The decline in fertility rates in the USA and elsewhere has belly-globegenerated the term, “birth dearth,” suggesting there are too few babies being born, with the fear there will be too few young people entering the labor force to provide for the needs of growing elderly populations.

 


Was the Problem Real?

This is a complex matter. In the short term, some of the problems associated with the “birth dearth” are real. The American economy, and other capitalistic economies, are fundamentally dependent on population growth: ever more consumers and more workers. Perhaps no one is experiencing these problems more seriously than the Japan, who have been actually shrinking their population in recent decades.

In the long run, however, population growth is a huge problem, far overshadowing any short-term adjustment needs when populations stop growing. This is particularly obvious in the impoverished countries who cannot currently feed their populations–and their rapidly growing numbers make their problems all the more impossible. Burundi, in Central Africa, is on course to double their population in 22 years. Niger, in West Africa, with the highest fertility rate in the world (over 7 births per woman) could triple by 2050.

Brazil

Population growth is also a problem in the more prosperous, developed nations. Even wealthy countries have an impoverished underclass, and population growth increases their numbers and their needs. Moreover wealthier individuals have a greater per capita impact on the natural and social environments. They eat more, drive more, and waste more. They have larger lawns to water, a problem debated during the recent California drought.

However, focussing on the “birth dearth” in the USA, we must conclude the problem is simply non-existent. Yes, fertility rates have declined, but when immigration is added to the formula, America’s population continues to grow.

2000: 282.16 million

2001: 284.97 million

2002: 287.63 million

2003: 290.11 million

2004: 292.81 million

2005: 295.52 million

2006: 298.38 million

2007: 301.23 million

2008: 304.09 million

2009: 306.77 million

2010: 308.11 million

2011: 310.50 million

2012: 312.86 million

2013: 315.18 million

2014: 317.68 million

2015: 320.22 million

2016: 322.48 million

Pretty clearly, we are not running out of Americans. Some white supremacists may worry about the composition of the American population, and we sometimes hear blatant calls for more white babies, but any increase to population is a bad idea, regardless of race.


Negative Consequences

Frantically increasing the American fertility rate, would cause many problems, as I’ve already indicated. While an increase in new babies would benefit some businesses (you know who you are, Gerbers and Huggies), it would also require the society at large to provide increased medical services, housing, schools, libraries, truant officers, juvenile detention facilities, shopping centers, highways, etc. By the way, many of those needed expansions would reduce the land available for growing food, and we would need lots more food.

And given the unusually high standard of living of Americans as a whole, increasing our numbers has a more substantial impact on the planet than similar increases in developing countries. Adding a million Ethiopians presents big problems for Ethiopia, but adding a million Americans presents big problems for the whole world.

 

© Earl Babbie 2016, all rights reserved  Terms of Service/Privacy


Sources

Population Media Center

Global Fertility Rates

USA Population 2000-2016

Population projection

SoluProb™: Stand Your Ground Laws


Special Announcement

Other the past two months, I have posted a number of examples of what I’ve been calling Solutions without Problems (soluprobs). One of my purposes has been to engage others in this effort, and I want to start addressing that aspect now.

This post addresses what some feel is a solution without a problem: Stand Your Ground Laws. Rather than presenting my own analysis of this issue, I invite you to join with me and other viewers of the website in developing an analysis together. You’ll see below that I’ve asked questions regarding each topic in the analysis, and you can contribute to the answer of those questions with the Comment space below this post or by using the link at the top of the page. You can respond to all the questions or just some of them.

See the thoughtful comment by William Wann below, for example.

Depending on the responses I receive, I would like to create a composite post on the topic, and I would like to acknowledge any contributions you make to the exercise. (If you would like to participate but not be acknowledged, just let me know.)

Thanks in advance for your interest and your participation.


Presumed Problem

Innocent, law-abiding citizens were defenseless against armed intruders.


Solution

Laws that permit citizens to arm themselves and use lethal force, if necessary, to protect themselves and their homes.


Narrative

What are some of the key events leading up to the creation of Stand Your Ground laws? Examples of different states’ laws?


Was the Problem Real?

Are there any data that would suggest the initial, presumed problem was not a real one, that no solution was needed?


Negative Consequences

What have been some of the negative results experienced in connection with Stand Your Ground laws?


Sources

What are the sources you used in creating your responses?
© Earl Babbie 2016, all rights reserved Terms of Service/Privacy

SoluProb™: Drug-test Welfare Recipients

Let me know what you think 

urinanalysis


Presumed Problem

There is a belief among some that welfare recipients will spend their welfare payments on drugs instead of food, medicine, clothing, and the like. Hence tax-payer dollars are possibly going to support drug abuse instead of helping the disadvantaged obtain necessities.


Solution

Make welfare recipients submit to drug tests as a condition for receiving support and revoke their payments if they test positive for drug use. It was  believed this would result in substantial savings for the government.


Narrative

The National Conference of State Legislatures indicates that there have been discussions about drug-use and public assistance for some time, but 2009-2011 saw and large number of programs proposed, several of which were enacted into law. As of March, 2016,

At least 15 states have passed legislation regarding drug testing or screening for public assistance applicants or recipients (Alabama, Arkansas, Arizona, Florida, Georgia, Kansas, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, Tennessee, Utah, West Virginia and Wisconsin.)

Some of the drug-testing programs were halted in federal courts as unconstitutional but a number have now been in effect for a number of years. We now have enough experience with such programs that we can assess both how big the problem was and how much money can be saved by throwing drug-users off the welfare rolls.

 


Was the Problem Real?

In 2015, Brian P. Kelly and Josh at Salon.com pulled together information to evaluate several state programs. For example, their review of the 2009 Arizona program produced this conclusion:

But in 2012, three years and 87,000 screenings later, only one person had failed a drug test. Total savings from denying that one person benefits? $560. Total benefits paid out in that time? $200 million….Arizona officials believed that testing could save the state $1.7 million a year.

Arizona was not the only program to demonstrate the “problem” was not what law-makers had assumed, not was it the only one denied the financial windfall they expected to enjoy as they threw drug-users off the welfare rolls.

In one year, Missouri, Oklahoma, Utah, Kansas, Mississippi, and Tennessee collectively tested 74,320 welfare recipients. In some cases, only recipients they believed to be users were tested. In these six states, a total of 424 of those tested produced positive results, or 0.6 percent, without even proving that welfare payments were used for the purchase of drugs in those rare instances. (Some people trade sex for drugs or do other favors.) Data from the National Institute on Drug Abuse estimates that 7.5 percent of the general public over 12 years of age currently use illegal drugs–mostly marijuana. So the “drug problem” among welfare recipients is less than one tenth what exists in the general public.

We have no reliable data regarding drug use among those politicians who pass bills for drug-testing welfare recipients. Surely Representative Trey Radel (R-FL) was not typical of the Congress, but after voting to require the drug-testing of Food Stamp recipients, he was arrested for cocaine possession and resigned from the Congress.

Petula Dvorak of the Washington Post commented:

Rep. Trey Radel voted in favor of drug-testing the folks who get food stamps.

In that case, why don’t we drug-test all people who get federal money? Let’s start with members of Congress!…

Yup, in Radel’s version of Absurdistan, it’s totally okay for a guy in a suit to use coke and collect a government paycheck, but a single mom who needs help buying milk for her kids has to be drug-tested before she gets one government dime.

 


Negative Consequences

Poor people have enough problems without having an additional serving of humiliation, which the testing results indicate was unwarranted. Drug-testing is an inconvenience for people working one or more minimum-wage jobs, and in some cases, the recipients are required to pay the costs of testing, though they may be reimbursed if the results were negative.

The financial situation is complex. In 2014, Missouri reportedly spent $336,297 to identify 48 drug-users. Arizona, with 142,424 welfare recipients between 2010 and 2014 only tested 19 recipients for a cost of $499.06. There is no report on the cost of administering the program aside from actual drug testing.

Florida has presented an especially complex situation. Governor Rick Scott has been strongly committed to requiring drug-tests for all welfare recipients as well as a random sampling of state workers. However, resistance by the ACLU, unions, and other parties forced the termination of the program after 4 months in 2001. Governor Scott settled the flurry of law suits at a cost of $1.5 million according to the Miami Herald: hardly the big savings tax-payers had been promised.

A different controversy arose over Governor Scott’s $62 million personal investment in Solantic, a health-services corporation already doing substantial business with the Florida state government. Some argued that Solantic could benefit further from a required drug-testing program. Perhaps to counter such criticisms, Governor Scott transferred his shares in Solantic to his wife. In any event, drug-testing of welfare recipients in Florida is on hold at present.

Overall, drug-testing welfare recipients has proven to be another solution without a problem. And as we’ve seen other cases, that “solution” caused a set of problems that didn’t exist before.

 

© Earl Babbie 2016, all rights reserved  Terms of Service/Privacy


Sources

https://www.washingtonpost.com/local/crime/rep-trey-radel-expected-to-face-judge-on-charges-of-cocaine-possession/2013/11/20/b029caba-51ce-11e3-a7f0-b790929232e1_story.html

http://www.usatoday.com/story/news/politics/2014/01/27/trey-radel-resign-congress-cocaine/4934741/

https://www.washingtonpost.com/local/rep-trey-radels-arrest-inspires-a-brilliant-idea-lets-drug-test-members-of-congress/2013/11/21/8f19c51e-52e6-11e3-9e2c-e1d01116fd98_story.html

http://www.salon.com/2013/08/29/gop’s_inane_money_eating_sham_drug_tests_for_welfare_a_huge_failure/

http://www.ncsl.org/research/human-services/drug-testing-and-public-assistance.aspx

https://www.drugabuse.gov/publications/drugfacts/nationwide-trends

http://www.miamiherald.com/news/state/florida/article25114639.html

SoluProb™: Resist Jade Helm 15 Invasion

Let me know what you think 
three-soldiers

Presumed Problem

In the summer of 2015, it was widely believed in Texas that they were about to be invaded by the United States Army in an operation labeled Jade Helm 15.


Solutionguard-poster

Governor Greg Abbot called upon the Texas National Guard to monitor the exercise and insure Texas was not under attack. Other public officials expressed concern.


Narrative

In fact, the Army did plan summer training exercises in a number of states: Texas, Arizona, Florida, Louisiana, Mississippi, New Mexico, and natl-guardUtah. Some 1200 Green Berets and Navy Seals would participate in Jade Helm 15: some playing the part of an invading force and others playing the part of the resistance. Most of the action would occur in unoccupied, arid terrain, but where some small towns were involved, residents were briefed in advance. The purpose was to train the military in how to avoid an invasion of the USA by hostile forces.

Nonetheless, some feared the “exercise” was a ruse with darker motives. Jim Shea, reporting in the Hartford Courant, nicely summed up the key elements of the conspiracy theory.

That Jade Helm 15 is actually a psychological operation aimed at getting people used to seeing the military on the streets so they will not be tipped off when the invasion actually happens.

That Jade Helm 15 is an international operation (UN vehicles have been spotted) whose goal is to seize everyone’s guns.

That the military plans to round up political dissidents.

In addition to the rounding up of dissidents and political leaders, Shea adds one final element in the conspiracy theory.Walmart

That the military is secretly using recently closed Wal-Marts to stockpile supplies for Chinese troops who will be arriving to disarm Americans. (I have to say this is my personal favorite.)

One public opinion poll found a third of registered Republicans in Texas believed invasion was in the offing. This included half of those supporting the Tea Party. So, there was concern in the general public, but how about the public officials who could calm those fears?

On April 28, 2015, Texas Governor Greg Abbott released the following letter:

To address concerns of Texas citizens and to ensure that Texas communities remain safe, secure and informed about military procedures occurring in their vicinity, I am directing the Texas State Guard to monitor Jade Helm 15.

During the Operation’s eight-week training period… I expect to receive regular updates on the progress and safety of the Operation.

During the training operation, it is important that Texans know their safety, constitutional rights, private property rights and civil liberties will not be infringed. By monitoring the Operation on a continual basis, the State Guard will facilitate communications between my office and the commanders of the Operation to ensure that adequate measures are in place to protect Texans.

Texas Senator Ted Cruz told Bloomberg News he had discussed Jade Helm 15 with the Pentagon and reached this conclusion:

We are assured it is a military training exercise. I have no reason to doubt those assurances, but I understand the reason for concern and uncertainty, because when the federal government has not demonstrated itself to be trustworthy in this administration, the natural consequence is that many citizens don’t trust what it is saying.

Texas Congressman, Louie Gohmert, expressed his concerns this way:

Once I observed the map depicting ‘hostile,’ ‘permissive,’ and ‘uncertain’ states and locations, I was rather appalled that the hostile areas amazingly have a Republican majority, ‘cling to their guns and religion,’ and believe in the sanctity of the United States Constitution.

Former Governor Rick Perry tried to offer some reassurance to Texans. While saying there was every reason to question the civilian leadership of the nation, he had complete faith in the men and women making up the U. S. military.


Was the Problem Real?

No. There was no invasion of the Southwestern U. S., no American citizens were taken prisoner. It was simply an hysterical conspiracy theory, though there may be some in the Lone Star State who still believe the National Guard fought off the invaders.


Negative Consequences

I suppose a negative of the “Solution” would be the cost of texas-signengaging the National Guard and the disruption of Guardsmen’s lives. In addition, the reaction put Texas on the plate of humorists and comedians across the country. One T-shirt read: “I went to Texas to fight Jade Helm 15 and all I got was this tinfoil hat.” In addition to making the state look silly, the widespread conspiracy theory and the public officials who seemed to take it seriously fueled the existing political paranoia in Texas and across the nation. We seem to have survived Jade Helm 15.

But watch out for the zombie invasion.

© Earl Babbie 2016, all rights reserved  Terms of Service/Privacy


Sources

http://www.wikiwand.com/en/Jade_Helm_15_conspiracy_theories

Jim Shea, “Thank You Texas and Good Luck with the Invasion,” Hartford Courant, May 17, 2015 — http://www.courant.com/features/too-shea/hc-shea-weakinreview-0517-20150517-column.html

http://www.politifact.com/texas/statements/2015/jun/19/doonesbury/doonesbury-says-greg-abbott-activated-texas-state-/

David Weigel, “Ted Cruz Says He Has Asked the Pentagon for Answers on Jade Helm 15,” Bloomberg Politics, May 2, 2015 – http://www.bloomberg.com/politics/articles/2015-05-02/ted-cruz-says-he-has-asked-the-pentagon-for-answers-on-jade-helm-15

David Knowles, “Worried about Operation Jade Helm? Texas Republicans Hear You,” Bloomberg Politics, May 5, 2015 – http://www.bloomberg.com/politics/articles/2015-05-06/4-texas-republicans-sympathetic-over-jade-helm-15-fears