Evidence-based Legislation - Overview

Overview

This concept was originally mentioned at a conference entitled 'At the Margins. A Conference on Sex Offender Management in Minnesota 2006. Policy and Management Options for the Most Dangerous Sex Offenders' by Gerald T. Kaplan, M.A., a psychologist. This conference was organized by Eric Janus, Esq. Vice-Dean, the William Mitchell School of Law, and was held on February 24, 2006 in Minneapolis, Minnesota. The conference was devoted to considerations of policy involving management of dangerous sex offenders. It was noted that much of the legislation involving sex offenders that has been passed has been done so by legislatures reacting to public sentiment and fear, without the interposition of rational consideration of policy options and of policy consequences. Given the evolving standard of evidence based medicine, and because policies regarding sex offenders often involve medical and psychological care, it was suggested that a similar standard of care be articulated for legislatures for the formation of legislation affecting sex offenders. This concept and standard could well be applied to other areas of legislation, but are most needed where there is an impetus to pass legislation quickly in reaction to emotionally charged events, such as publicized sex crimes.