We generally only offer prison time for violation of sex offender registration. This week, we had a defendant reject our offer and demand a jury trial. For details of the results, see:

http://www.austin360.com/aas/metro/060702/0607sexoffender.html

What kinds of sentences does your office seek for such cases? Do you have any trouble convincing the jury that the offense is serious?

The urban legend is growing...talk about a tough county. John, just how many years did the prosecutor ask the jury to give?

I suggested the prosecutor ask for 50. The prosecutor asked for 60. The jury gave life and asked why we didn't ask for life.

Before trial, we offered 8 years for a plea of guilty. After a guilty verdict, we offered 20 years for a waiver of appeal.

The community spoke.

Obviously the jury recognized that the prosecutor was actually asking for a life sentence when he asked for 60 years (since they are the same for purposes of determining parole eligibility), but they further wanted to be sure the defendant would not be released on mandatory supervision (which is the only difference between a life sentence and a 60 year sentence). Very smart jury.

Seems a bit ironic that the sex offense netted a 7-year sentence and the failure to register more than 8 times as much. Guess the defendant is lucky he went a bit south to commit that offense. ...But, it may be results like this that will influence how the Texas courts deal with the attacks on the constitutionality of our SOR statute. At least with results like yours the public can feel safer in the meantime (assuming our judges are ultimately influenced by the results in Michigan or elsewhere). Anyone know whether the recidivism rate for sex offenders has dropped at all since the registration requirements got so strict?

I'm not sure that recidivism was really on the mind of the legislature in passing registration requirements. Not that I mind. I have yet to hear from or about a molester who really thinks he can be cured. It is only a matter of time before giving back into the impulses. I have prosecuted the recidivists on revocations. No, registration is, thankfully, one more arrow in the prosecutorial quiver. You can get a molester to take deferred when your victim cannot testify on her own behalf, then you can let follow what may in most cases with what seems to be the inevitable revocation or a failure to register charge.

The chief of our CSCD says sex offenders have the best record of following conditions, so it certainly is good that arrow is available, since many do seem to dislike registering. But it also makes it hard to sell even a deferred in a lot of cases.

I also wonder if the mobility of offenders has changed any. Seems doubtful one would stay in a registered location for any length of time, especially if you have a sign out front.

Martin, the jury chose a life sentence, at least in part, because they wanted to simplify the registration laws for the defendant. The defendant had testified that he thought his registration requirement ended when he was finished with parole (the jury didn't believe that).

So, to make it very clear to the defendant, they gave him a sentence that would never be completed. For once, the jury was listening when we explained the difference between 60 years and life.

One of the things you often hear bandied about is "what will it take to get the attention of the defendant". Now I know how to answer.