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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.
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.
The written report is central to the practice of psychiatry in legal settings. It is required of mental health professionals acting as expert witnesses in criminal cases, civil litigation situations, child custody proceedings and risk assessments. This book provides a theoretical background to psychiatric writing for the law and a practical guide to the preparation of the report. The first section addresses practical and ethical concerns, including the conduct of the forensic psychiatric evaluation, conflicts of interest, record keeping and confidentiality. The second section contains practical and detailed advice on preparing various types of report, including reports for use in criminal and civil litigation, civil commitment hearings and child custody proceedings. A final section covers special issues arising during report preparation including the use of psychological tests and the detection of malingering. This is an essential guide for anyone required to write a psychiatric report.
Evaluating Sex Offenders is the first and only "how to" book describing the complete sex offender civil commitment evaluation. Aimed at helping practitioners, clinicians, counselors, and parole officers assess risk and evaluate offenders who have been convicted of a sex crime, the text offers readers a step-by-step description of what examiners need to know, including information gathering, interviewing offenders, and writing reports. Chapter topics include: defining risk; data gathering; diagnostic issues; recidivism base rates; risk factor lists; actuarial scales; instrumentation (violent and sexual); the evaluation report; presenting in court; ethical issues.
Convicted sex offenders released from custody at the end of their criminal sentences pose a risk for re-offense. In many US states, Sexually Violent Predator (SVP) laws have been enacted that allow for the post-prison preventive detention of high risk sex offenders. SVP laws require the courts to make dispositions that protect the public from harm while at the same time respecting the civil rights of the offender. This book describes these SVP laws, their constitutionality, and aspects of their operation. Courts hear expert risk testimony based heavily on the results of actuarial risk assessment. Problems associated with this testimony include the lack of a theory of recidivism risk, bias due to human decision-making, and the insularity of scholarship and practice along developmental lines. The authors propose changes in legal standards, as well as a unified developmental model that treats sexual violence as an "evolving" condition, with roots traceable to childhood and paths that extend into adolescence and adulthood.
The discussion of whether psychopaths are morally responsible for their behaviour has long taken place in philosophy. In recent years this has moved into scientific and psychiatric investigation. Responsibility and Psychopathy discusses this subject from both the philosophical and scientific disciplines, as well as a legal perspective.
The United States accounts for 5 percent of the world's population, yet incarcerates about 25 percent of the world's prisoners. Examining a wealth of studies by researchers and correctional professionals, and the experience of educators, this book shows recidivism rates drop in direct correlation with the amount of education prisoners receive, and the rate drops dramatically with each additional level of education attained. Presenting a workable solution to America's mass incarceration and recidivism problems, this book demonstrates that great fiscal benefits arise when modest sums are spent educating prisoners. Educating prisoners brings a reduction in crime and social disruption, reduced domestic spending and a rise in quality of life. Instructors considering this book for use in a course may request an examination copy here.
The papers in this collection discuss how the dangerous offender has become a figure of collective anxiety for the citizens of rationalized Western societies, why sexual and violent offences seem so ubiquitous, and how we should protect ourselves.
This edited collection provides an interdisciplinary and cross-national perspective on safeguarding the quality of forensic assessment in sentencing offenders. Taking an in-depth look at seven different Western countries, each chapter provides an overview of the role of assessment in sentencing offenders, as well as a focus on formal ways in which the respective country’s legal system and disciplinary associations protect the quality of forensic assessment. Each chapter explores how to assure better decision making in individual cases based on assessments of psycholegal concepts such as mental disorder/insanity, criminal responsibility and dangerousness. Combining the perspectives of lawyers, legal scholars, and clinicians working in the field, this book is essential for those working in and with forensic assessment. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.
"Our current stalemate over detention serves nobody—not the military or any other component of the U.S. government that has to operate overseas.... It is a system that no rational combination of values or strategic considerations would have produced; it could have emerged only as a consequence of a clash of interests that produced a clear victory for nobody."—from the Introduction Benjamin Wittes issues a persuasive call for greater coherence, clarity, and public candor from the American government regarding its detention policy and practices, and greater citizen awareness of the same. In Detention and Denial, he illustrates how U.S. detention policy is a tangle of obfuscation rather than a serious set of moral and legal decisions. Far from sharpening focus and defining clear parameters for action, it sends mixed signals, muddies the legal and military waters, and produces perverse incentives. Its random operation makes a mockery of the human rights concerns that prompted the limited amount of legal scrutiny that detention has received to date. The government may actually be painting itself into a corner, leaving itself unable to explain or justify actions it may need to take in the future. The situation is unsustainable and must be addressed. Preventive detention is a touchy subject, an easy target for eager-to-please candidates and indignant media, so public officials remain largely mum on the issue. Many Americans would be surprised to learn that no broad principle in American jurisprudence actually prohibits preventive detention; rather, the law "eschews it except when legislatures and courts deem it necessary to prevent grave public harm." But the habeas corpus legal cases that have come out of the Guantánamo Bay detentionfacility—which remains open, despite popular expectations to the contrary—have addressed only a small slice of the overall issue and have not—and will not—produce a coherent body of policy. U.S. government an