Citation

Durling C. J. Crim. Law Criminol. 2006; 97(1): 317-363.

Copyright

(Copyright © 2006, Northwestern University School of Law)

DOI

unavailable

PMID

unavailable

Abstract

One of the most hotly debated issues in criminal law today is how to manage the perceived risk of sex offenders loose in the community. Beyond mandatory registration and community notification, over a dozen states, including Illinois, have enacted residency restrictions that forbid sex offenders from living within a certain distance of schools, parks, day care centers, or even 'places where children normally congregate.' This Comment scrutinizes these laws to see if they make sense, and more importantly, if they make us safer. The answer to both questions appears to be no. After detailing the statistical, political, and constitutional problems that render these restrictions ineffective and unconstitutional, I shift my attention to envisioning a better system of risk management. I end by critically examining best practice methods of states across the country that more effectively allocate finite resources to identify and control high risk offenders to prevent them from harming again, while allowing the vast majority of offenders who are low risk to better re-integrate into and become productive members of society.