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Sex Crime and Punishment: an Analysis of Sex Offender Sentencing in Florida Ryan T

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Sex Crime and Punishment: an Analysis of Sex Offender Sentencing in Florida Ryan T Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2013 Sex Crime and Punishment: An Analysis of Sex Offender Sentencing in Florida Ryan T. Shields Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF CRIMINOLOGY AND CRIMINAL JUSTICE SEX CRIME AND PUNISHMENT: AN ANALYSIS OF SEX OFFENDER SENTENCING IN FLORIDA By RYAN T. SHIELDS Dissertation submitted to the College of Criminology and Criminal Justice in partial fulfillment of the requirements for the degree of Doctor of Philosophy Degree Awarded: Summer Semester, 2013 Ryan T. Shields defended this dissertation on June 21, 2013. The members of the supervisory committee were: Daniel P. Mears Professor Directing Dissertation Melissa Radey University Representative Patricia Y. Warren Hightower Committee Member William Bales Committee Member The Graduate School has verified and approved the above-named committee members, and certifies that the dissertation has been approved in accordance with university requirements. ii I dedicate this work to Dr. Heather L. Pfeifer. Heather was the first person to suggest that I continue my graduate studies and pursue an academic career, and she continues to encourage me today. Any professional success I have in the future is the result of her early and sustained support. Thank you, Heather! iii ACKNOWLEDGEMENTS The completion of this project would have been impossible without the strong network of professors, family and friends who helped direct (and in many cases, redirect) me in my academic pursuits. First and foremost, I would like to thank my dissertation chair, Dr. Daniel Mears, for his tireless assistance with this project and his mentorship during my time at FSU. Dan guided me through the comprehensive exams, dissertation development, and job market preparation. His advice was thoughtful, balanced, and invaluable. I appreciate his insight, approach to academia, and sense of humor—his “creative” way of critiquing my writing is a favorite memory of mine. My graduate student experience was also shaped by Dr. Patricia Warren Hightower. For nearly five years, I served as Dr. Warren’s teaching/research assistant. In that time, I learned a great deal about teaching and research. Dr. Warren’s contribution to the dissertation is also notable. She helped me connect sex offender sentencing to broader issues in punishment and formal social control. Most importantly, I gained a close friend who I will miss greatly. I thank Dr. Warren for her constant support and advocacy during our time together. It was a lot of fun. The dissertation also benefitted for the work of Dr. Bill Bales and Dr. Melissa Radey. I thank Dr. Bales for many hours of aid in accessing, cleaning, and understanding Department of Corrections Data. His help in this project was invaluable. Dr. Radey also provided a careful review and critique of this dissertation, which indisputably made it a better product. I am also indebted to Dr. Jill Levenson at Lynn University. Jill hired me for a summer research assistant job in 2009 and in doing so, opened my eyes to the world of sex offender policy and management. She took me under her wing, introduced me to scholars in the field, and iv provided opportunities that have directly shaped my approach to research today. She has been a supervisor, mentor, and collaborator. But most significantly, Jill has been a great friend, and I look forward to many years of friendship and collaboration. I am forever grateful for the opportunity to study under some great criminological scholars at Florida State. Specifically, I thank Dr. Brian Stults, Dr. Eric Stewart, Dr. Eric Baumer, Dr. Carter Hay, Dr. Sonja Siennick, Dr. Kevin Beaver, and Dr. Tom Blomberg for their instruction, advisement, and support during my time in the program. I would also like to thank Margarita Frankeberger for years of assistance. Without Margarita, deadlines would have been missed and forms forgotten. Sincere thanks go to all my friends and colleagues in the program. There are three that require specific mention. First, I would like to thank Josh Cochran for his assistance with this project, as well as his friendship and humor over the past five years. It was great to have someone else in Tallahassee care about the Ravens. Second, I would also like to thank Ashley Arnio for her tireless support and advice, as well as her composure during our various river misadventures. Third, I would like to thank Kristin Golden, whom I met during our search for doctoral programs. Kristin has been a strong source of encouragement, especially during this final stretch. Surviving coursework, exams, and the dissertation was made possible knowing I had these friends to count on—you guys are the best! I would also like to thank Dr. Brian Ward and Dr. Christina Mancini for offering their experience and invaluable advice for how to successfully transition from graduate student to young scholar. I look forward to our future collaborations. Finally I would like to thank my family and friends—especially Timothy Shields, Kathy Shields, Jennifer Shields, Stephanie Demers, Chris Demers, Kelly Shields, Jeremy Desmond, v Laurie Shields, Mike Lovaas, Tina Krabitz, and Arlene Whye—for their unwavering support during my graduate studies. They celebrated my joys and reminded me of the big picture when I grew frustrated. They provided financial support, comic relief, and mid-semester trips to Hogwarts to escape and reenergize. I would also like to thank Stevie, my very favorite part of life in Florida. vi TABLE OF CONTENTS LIST OF TABLES ......................................................................................................................... ix LIST OF FIGURES ........................................................................................................................ x ABSTRACT .................................................................................................................................. xii 1. INTRODUCTION ...................................................................................................................... 1 The Importance of Sex Offender-Specific Research .................................................................. 5 The Importance of Sentencing Studies ....................................................................................... 9 Setting the Stage—Sentencing Policy Changes in Florida ....................................................... 12 Current Study ............................................................................................................................ 14 Description of Substantive Chapters ......................................................................................... 15 2. A HISTORY OF SEX OFFENDER PUNISHMENT .............................................................. 17 Introduction ............................................................................................................................... 17 Punishment Philosophies .......................................................................................................... 19 Historical Overview of Sex Offender Punishment ................................................................... 24 Patterns and Trends in Sex Offender Punishment .................................................................... 33 Discussion and Conclusion ....................................................................................................... 36 3. A DESCRIPTIVE ANALYSIS OF SEX OFFENDER SENTENCING IN FLORIDA .......... 40 Introduction ............................................................................................................................... 40 Current Study ............................................................................................................................ 41 Methodology ............................................................................................................................. 42 Findings..................................................................................................................................... 43 Discussion and Conclusion ....................................................................................................... 58 4. THE ROLE OF RACE AND ETHNICITY IN SENTENCING SEX OFFENDERS .............. 62 Introduction ............................................................................................................................... 62 Background ............................................................................................................................... 64 Theoretical Framework ............................................................................................................. 69 Current Study ............................................................................................................................ 70 Methodology ............................................................................................................................. 71 Analytic Strategy ...................................................................................................................... 73 Findings..................................................................................................................................... 73 Discussion and Conclusion ......................................................................................................
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