Evidence-based legislation (EBL) calls for the use of the best available scientific evidence and systematically collected data, when available, by legislatures as a basis for their formulation and writing of law. Drawn from the definition of "evidence-based medicine" which is "the conscientious, explicit, and judicious use of current best evidence in making decisions about the care of individual patients" [1], this concept calls upon legislative bodies to inform their legislation with the best available scientific and systematically collected evidence available.
Contents
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.
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). [2] The irrational nature of sex offender legislation passed to date is described in this article as well as in a book by Jenkins [3], 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 on March 11, 2007, entitled "The new American witch hunt" by Richard B. Krueger, M.D.
Qualification of evidence
This is a new concept and has not been subject to commentary or peer review beyond the recent academic acceptance by the editors of Developments in Mental Health law.