Oakland Tragedy

On Saturday, March 21st, 2009, parolee Lovelle Mixon was pulled over by two Oakland Police Department motorcycle cops on a routine traffic stop. Seconds later, Mixon shot them both to death. Later, in a nearby building where he was hiding, Mixon shot and killed two SWAT members. In a matter of approximately four hours, an ex-con killed four valued members of the Oakland Police Department. It was the deadliest attack on California law enforcement since the murder of four CHP officers in the Santa Clarita Valley in 1970. It was also the deadliest attack on officers that the Oakland Police Department has ever experienced.

Lovelle Mixon was a recently paroled felon in the state of California, who, at the time of the shootings, was wanted for violating his parole. He was deemed a “parolee-at-large” for not having reported subsequent to his release from prison. Mixon’s commitment offense was assault with a deadly weapon, but he had a long criminal history. He had been a suspect in a murder, but charges were later dropped due to lack of evidence. Most recently, DNA evidence had linked Mixon to a rape case that occurred in 2008.

“Mixon's killing spree is a horrible aberration, his plight as an unemployed, ex-felon isn't. There are tens of thousands like him on America's streets.” It had been estimated that more than 600,000 offenders are released from prison each year, each of which carry a felony conviction to report to potential employers. The National Institute of Justice found that 60% of ex-felon offenders remain unemployed a year after their release. Other studies have shown that more than 30% of these offenders live on the streets because they can’t find housing. Judging by these figures, there are 180,000 ex-cons living on the streets, virtually untraceable. And since nearly 60% of violent felons are repeat offenders, there are roughly 108,000 homeless, violent ex-cons living on the streets.

My deepest and most sincere apologies go out to the family and friends of these four brave officers.

[Update: Contributions can be made to trust funds set up for the families of the four officers killed. Wire transfers may be made directly to the following Merrill Lynch accounts: The Dunakin Children's Family Trust, Acct. No. 204-04065; The Romans Children's Family Trust, Acct. No. 204-04066; and The Sakai Family Trust, Acct. No. 204-04064. No fund had been set up as of Monday afternoon on behalf of Hege, who had no children. Individual checks can also be made out to the families and mailed to the Oakland Police Officer's Association, Attn: Rennee Hassna, 555 5th Street, Oakland, CA, 94607. Make checks payable to the Dunakin Children's Family Trust; the Romans Children's Family Trust; Sakai Family Trust.]

GPS Safety Blanket

California has used GPS monitoring on parolees and probationers since 2005. Placing sex offenders on GPS monitoring systems has helped California feel safer in the midst of criminals. The number of individuals on GPS monitoring has been steadily rising since 2005, with California being the only state where all paroled sex offenders are monitored. GPS monitors have been proven to reduce crime due to a number of factors. Sex offenders are continuously being monitored, which deters the chance of recidivism. GPS also gives law enforcement a chance to catch sex offenders before commit any offenses. Though GPS has proven to help somewhat, it still falls under heavy criticisms. Are GPS monitoring and residency restrictions really helping, or are they merely a safety blanket for concerned parents?

A main criticism of GPS monitoring and residency restrictions of sex offenders stems from the way in which they are enacted. In her article "Applying the Lessons of GPS Monitoring of Batterers to Sex Offenders," Pamela Foohey states, "Legislation aimed at preventing sex offenders from re-offending often comes about in response to public outcry after a convicted sex offender re-offends or merely moves to a particular neighborhood, town, or state." It seems that these restrictions come about not out of a dire need to protect our children, but out of the necessity to ease the worrying minds of parents. Also, it has been argued that GPS monitoring does little to deter recidivism, because sex offenders generally operate out of a preference for a victim’s particular characteristics, not their location.

The specifics on legislation regarding GPS monitoring and residency restrictions are not perfect. They have been called over inclusive, because they are generally designed to address the problems potential strangers pose to children. It does not take into account that most victims of sex offenses are assaulted by acquaintances, family members, or people they know. On the other side, these specific legislations have also been argued to be under inclusive. They do not prevent sex offenders from coming into contact with victims; they simply stop them from coming into contact with certain locations. Residency restrictions have been criticized because sex offenders do not go next door to offend, rather they choose to offend elsewhere in order to not be detected.

Protecting Our Children

Parents can now breathe a minor sigh of relief, as a California Department of Corrections and Rehabilitation press release has documented that “every sex offender on state parole in California is now being monitored by GPS technology.” This recent development occurred six months ahead of a proposed schedule, and allows parole agents to know the location of registered sex offenders on their caseloads 24 hours a day. This is a huge accomplishment, stemming from the passage of Proposition 83 by California voters on November 7, 2006, more widely known as “Jessica’s Law.”

When Jessica’s Law was passed, it required that “every paroled sex offender be monitored by GPS.” This group of parolees includes 6,622 active sex offenders paroled in California, all of whom are now equipped with ankle bracelets that transmit their location any time, any place. This huge leap in public safety has catapulted California into the top spot in the nation for using GPS technology to track sex offenders. It is a much-needed advance, as California currently has the highest population of sex offenders in the nation.

Not only do we monitor sex offender locations, California is also required to enforce a 2,000-foot restriction on sex offenders. Parole agents monitor the whereabouts of parolees on their caseloads to ensure they never touch foot near schools, parks, or anywhere children could reasonably expect to congregate. Also, Jessica’s law has the ability to increase sex crime related sentences, for example some sex crimes that victimize children now carry a mandatory life sentence. Jessica’s law even restricts the chance for parole of some sex offenders, as it has increased the number of sex offenders eligible to be civilly committed to mental health departments for treatment rather than being released.