Criminal Law
Dennis Ferguson is a convicted pedophile in Australia and served 14 years of imprisonment. He was charged for the crime of kidnapping three children from Sydney, whose ages range from six to eight. He was reported to have brought the children to a motel room in Brisbane where he sexually assaulted them, but did admit to have committed the wrongdoing. In addition, he refused any treatment and rehabilitation programs while he was inside the prison. Based on his childhood, he was sexually abused by the partner of his mother and thereafter was placed under the custody of a state home when he reached the age of 15 years (Nicholls, 2012).
According to Feeley and Simon (1992) the new penology covers three significant areas such as: 1.) The development of new discourses where the language of probability and risk shall be substituted by former dialogues of clinical opinions and punitive judgment; 2.) The creation of brand new objectives of the system have become systematic but will still gear towards the reduction of the recidivism rate, rehabilitation and crime control.; 3.). The disposition of new methods which aim to target offenders that find aggregate in place of traditional techniques to establish equity (Feeley and Simon, 1992).
Based on the recent studies sexual predators can be rehabilitated as shown in the social demographics establishing supporting evidence for effective treatment for sexual predators, (Rich, 200. P. 300). In the case of Ferguson it will appear that he was also one molested as a child that has influenced him to become a sexual offender. It is presumed that in the next ten years there will be an increased percentage in the number of aging population of sexual offenders and a fewer number of younger adult sexual offenders in society.
There have been several behavioral genetic studies of antisocial behaviors conducted to explore the phenotypes which can range from mild forms of aggression to other more deviant forms such as the criminal behavior in a human being (Raine, 1993, p. 84). Based on these studies, genetic influences have been identified to play a major role in establishing the anti-social behavior and a common trait among sexual predators. Reports have shown that a criminal mind is a result of traumatic childhood. In the case of Ferguson, it was shown that he was sexually molested by his mother’s partner at a young age. Hence, recidivism among 10% to 15% of young sex offenders will progress to a full blown career in sexual offenses once they become adults.
Samaha (2005, p. 104) argued that the early childhood perspective refers to traits that remain stable within the lifetime of an individual. However, the criminal propensity of a person such as the case of Dennis Ferguson can be determined through his behavior at an early age. Based on studies, repeated sexual predators develop their criminal tendencies over a period of time which can be closely associated to the problematic personality at a young age. The deviant behavior develops to a criminal career during adulthood.
Sexual offending against children can be regarded as a serious offense that requires imprisonment and rehabilitation of first-time offenders and recidivists. Seiter (2011, p.151) stated that there are some experts who consider rehabilitation as the main goal but does not necessarily impose a fixed sentence to provide the proper treatment intervention to sexual offenders. There is a strong indication the sexual predators can be rehabilitated. Rehabilitation is for the purpose of restoring felons, including sexual predators, to a constructive place in society by providing them the proper treatment, educational training and therapy (Clear, Reisig and Cole, 2011, p.351). Based on recent medical studies, the pharmacological treatment of the sexual offenders suppresses deviant sexual fantasy, sexual urges, fantasies and appetites. In the case of Ferguson, he should be undergone pharmacological treatment to reverse the fundamental pathology in pedophilia and his erotic behavior (Bradford and Kaye, 2013, p. 1). Aside from these, other biological treatments that can be considered are castration and neurosurgery to lessen the sexual drive of sexual offenders and a deterrent to recidivism. Therefore, these treatments interventions have proven that sexual predators such as Dennis Ferguson can be rehabilitated.
The response and management in the case of Ferguson was inadequate because despite his imprisonment, he refused any treatment while inside the jail. After his release from prison in 2004, he traveled from different places in Queensland since he was closely monitored by media. Several residents from the places where he lived ousted him from the towns of Murgon and Bundaberg. Towards the end, he died alone in his apartment in Ryde, Sydney. This is a clear showing that the government failed to give Ferguson an effective response and management since they were not able to provide him proper care and attention to rehabilitate him. It bears stressing that sexual predators such as Ferguson can be rehabilitated to restore him in a constructive place in society by giving him proper treatment, educational training and therapy (Clear et al., 2011).
References:
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