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Author: Nathan James Publisher: Nova Publishers ISBN: 9781604565058 Category : Law Languages : en Pages : 80
Book Description
The 109th Congress passed legislation that allows the federal government to civilly commit "sexually dangerous persons". Civil commitment, as it relates to sex offenders, is when a state retains custody of an individual, found by a judge or jury to be a "sexually dangerous person" by involuntarily committing the person to a secure mental health facility after the offender's prison sentence is done. In 1990, the state of Washington passed the first civil commitment law for sexually dangerous persons. Currently, 18 other states and the federal government have similar laws. Moreover, the Supreme Court, in Kansas v. Hendricks and Kansas v. Crane, ruled that current civil commitment laws are constitutional. The civil commitment of sex offenders centres on the belief that sex offenders are more likely than other offenders to re-offend. However, data on sex offender recidivism is varied. Data show that the recidivism risk for sex offenders may be lower than it is typically thought to be; in fact, some studies show that sex offenders recidivate at a lower rate than many other criminals. Other studies show that, given time, almost all sex offenders will commit a new sex crime. Most discussions about recidivism examine ways to decrease it; for example, by providing sex offenders with treatment. Research on the efficacy of sex offender treatment is promising, but it cannot prove that treatment reduces recidivism.
Author: Nathan James Publisher: Nova Publishers ISBN: 9781604565058 Category : Law Languages : en Pages : 80
Book Description
The 109th Congress passed legislation that allows the federal government to civilly commit "sexually dangerous persons". Civil commitment, as it relates to sex offenders, is when a state retains custody of an individual, found by a judge or jury to be a "sexually dangerous person" by involuntarily committing the person to a secure mental health facility after the offender's prison sentence is done. In 1990, the state of Washington passed the first civil commitment law for sexually dangerous persons. Currently, 18 other states and the federal government have similar laws. Moreover, the Supreme Court, in Kansas v. Hendricks and Kansas v. Crane, ruled that current civil commitment laws are constitutional. The civil commitment of sex offenders centres on the belief that sex offenders are more likely than other offenders to re-offend. However, data on sex offender recidivism is varied. Data show that the recidivism risk for sex offenders may be lower than it is typically thought to be; in fact, some studies show that sex offenders recidivate at a lower rate than many other criminals. Other studies show that, given time, almost all sex offenders will commit a new sex crime. Most discussions about recidivism examine ways to decrease it; for example, by providing sex offenders with treatment. Research on the efficacy of sex offender treatment is promising, but it cannot prove that treatment reduces recidivism.
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Similarly, the Court found that for purposes of double jeopardy, the application of the Act had none of the attributes of punishment. [...] The program allows the Attorney General (AG), or any individual authorized by the AG, or the Director of the Bureau of Prisons (BOP) to certify as sexually dangerous a person who is in BOP's custody, under the custody of the AG under current law,50 or whose criminal charges have been dismissed solely for reasons relating to the mental condition of the person. [...] If the court finds by clear and convincing evidence that the person is a sexually dangerous person, the individual is committed to the custody of the AG. [...] After the individual is committed to the custody of the AG, the AG releases the individual to the appropriate official of the state in which the person was confined or tried, if the state will assume responsibility for the offender's custody, care, and treatment. [...] After the individual is committed to custody, the director of the facility in which the offender is placed may petition the court to release the individual if the director determines that the offender is no longer a sexually dangerous person and would not be a threat to others.
Author: John Q. La Fond Publisher: Amer Psychological Assn ISBN: 9781557989734 Category : Law Languages : en Pages : 372
Book Description
In Protecting Society From Sexually Dangerous Offenders, legal and mental health experts explore the ramifications of the controversial sexual predator commitment laws, registration and community notification laws, and chemical castration laws that have come into existence in the past dozen years. The increasing number of sex crimes, especially those committed by released sex offenders against young victims, has struck a public nerve. Understandably, citizens are angry, vengeful, and fearful, and they demand both retribution and harsh measures to prevent these kinds of crimes from recurring. These intense public demands for retaliation and protection have shaped recent law and public policy, resulting in involuntary commitment programs, notification laws, and chemical castration laws for sex offenders in many states. These new legal strategies raise serious constitutional questions regarding the rights of those who have served their punishment. Perhaps more important is the question of whether these programs are actually effective in preventing sexual recidivism. In this volume, contributing authors discuss the issues surrounding these new legal strategies and the alternatives to such programs. They examine the wisdom and constitutionality of post-incarceration commitment and the difficulty of determining who is most likely to offend again. Contributors propose alternatives to involuntary commitment, including community containment and programs for treating sexually abused children so as to reduce the chances of them growing up to continue the cycle of sexual abuse. They also propose ways in which these new legal approaches can be applied to increase their therapeutic potential. Psychologists and other mental health experts working with sexually dangerous offenders as well as lawyers, policy makers, and students in these fields will find this to be an indispensable sourcebook on this topic.
Author: Nathan James
Author: Nathan James
Author: Congressional Research Service: The Libr
Author: Jeff Diebel
Author: 
Author: Ron Sklansky
Author: John L. Kirwin
Author: Carol Beck
Author: John Q. La Fond
Author: North Dakota. Legislative Assembly. Legislative Council
Author: Minnesota. Department of Corrections. Civil Commitment Study Group