Evidence-based legislation (EBL) is a legislative concept which calls for the use of the best available
scientific evidence
Scientific evidence is evidence that serves to either support or counter a scientific theory or hypothesis, although scientists also use evidence in other ways, such as when applying theories to practical problems. "Discussions about empirical ev ...
and systematically collected
data
In the pursuit of knowledge, data (; ) is a collection of discrete values that convey information, describing quantity, quality, fact, statistics, other basic units of meaning, or simply sequences of symbols that may be further interpreted. ...
, when available, by
legislature
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as ...
s as a basis for their formulation and writing of law. Evidence-based legislation has its roots in the larger movement towards
evidence-based practices
Evidence-based practice (EBP) is the idea that occupational practices ought to be based on scientific evidence. While seemingly obviously desirable, the proposal has been controversial, with some arguing that results may not specialize to indivi ...
,
and depends on multiple other factors, including evidence gathering, qualitative and quantitative data analyses, stakeholder assessments, expert input, cost-benefit analyses, and continued monitoring and equation.
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, a
psychologist
A psychologist is a professional who practices psychology and studies mental states, perceptual, cognitive, emotional, and social processes and behavior. Their work often involves the experimentation, observation, and interpretation of how indi ...
. This conference was organized by Eric Janus, Esq. Vice-Dean, the
William Mitchell College of Law
William Mitchell College of Law was a private, independent law school located in St. Paul, Minnesota, United States, from 1956 to 2015. Accredited by the American Bar Association (ABA), it offered full- and part-time legal education in pursuit of ...
, and was held on February 24, 2006, in Minneapolis, Minnesota. The conference was devoted to considerations of policy involving management of dangerous
sex offender
A sex offender (sexual offender, sex abuser, or sexual abuser) is a person who has committed a sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crime ...
s. 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.
History
This concept is new and an exhaustive search of the legal and encyclopedic literature has not revealed any references to it until recently. This concept is first cited in the legal literature by Shajnfeld and Krueger (p 96). The irrational nature of sex offender legislation passed to date is described in this article as well as in a book by Jenkins,
[Jenkins, P. 'Moral Panic. Changing Concepts of the Child Molester in Modern America' 1998 Yale University Press, . New Haven.
] and the concept of "evidence-based legislation" is one suggestion to remedy the continuing passage of reactive, emotionally based, legislation to manage sex offenders and reduce sexual crime, which often has not been well conceived or well planned, and where little thought has been given to its economic and practical consequences.
This concept was also mentioned in an op-ed in the ''
Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'' on March 11, 2007, entitled "The new American witch hunt" by Richard B. Krueger, M.D.
See also
*
Evidence-based policing
Evidence-based policing (EBP) is an approach to policy making and tactical decision-making for police departments. It has its roots in the larger movement towards evidence-based practices.
Advocates of evidence-based policing emphasize the value ...
*
Evidence-based policy
Evidence-based policy is an idea in public policy proposing that policy decisions should be based on, or informed by, rigorously established objective evidence. The implied contrast is with policymaking based on ideology, 'common sense,' anecdo ...
*
Evidence-based practices
Evidence-based practice (EBP) is the idea that occupational practices ought to be based on scientific evidence. While seemingly obviously desirable, the proposal has been controversial, with some arguing that results may not specialize to indivi ...
References
* BMJ.com Sackett, DL, et al. 'Evidence based medicine: what it is and what it isn't: It's about integrating individual clinical expertise and the best external evidence', (editorial) British Medical Journal, vol 312, p 71-72 (January 13, 1996).
* http://www.law.northwestern.edu/jclc/backissues/v101/n4/1014_1337.Weitzer.pdf
{{Evidence-based practice
Statutory law
Evidence-based practices