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How should society manage sex offenders who are released from prison? How can sex offenders be detained in a way that prevents re-offending while respecting civil liberties? Is preventive detention a type of double punishment? Do prison-based sex offender treatment programs work? What is the best way to protect the community from sex offending?Professors McSherry and Keyzer focus on three key modern policy responses to such questions, and the cases that propelled their development:Earl Shriner in Washington State, and the United States approach of detaining 'sexually violent predators' in special institutions;Dennis Ferguson in Queensland, and the Australian post-sentence detention and supervision schemes;John Cronin in Scotland, and the Scottish approach of making orders for lifelong restriction at the time of sentence.
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.
When can a person be detained by the state solely for the purpose of preventing future harm?It is widely accepted that an actor who is unable to avoid breaking the law because of a mental disorder may not be punished but may be detained for as long as he remains dangerous. But what about those who are not legally insane and who may be held responsible for their behavior? Is it ever permissible to detain them to prevent future harm?Once upon a time the negative answer to this question was also widely accepted:no one who is sane and responsible for his behavior may be detained solely on the ground that he was dangerous and might commit crimes in the future. He might be punished for his behavior, but he might not be detained independently of punishment. However, over the last thirty years the answer to the question has changed.It is now possible (1) to detain before trial solely on the basis of the possibility that the accused will commit the sort of crime he is accused of (but not yet convicted of); (2) in many jurisdictions to detain indefinitely after trial, conviction, and completion of the penal sentence sex offenders and those found guilty but mentally ill (though not legally insane); and (3) to detain indefinitely without trial and conviction those suspected of being terrorists or supporting terrorist activity.This book traces the development in Supreme Court cases and in national legislation of these various grounds of preventive detention, a course of development that the author believes is contrary to what were once considered fundamental principles of American law.
Shows that "sexual predator" laws, which have intense public and political support, are counterproductive. Janus contends that aggressive measures such as civil commitment and Megan's law, which are designed to restrain sex offenders before they can commit another crime, are bad policy and do little to actually reduce sexual violence. Further, these new laws make use of approaches such as preventive detention and actuarial profiling that violate important principles of liberty. Janus argues that to prevent sexual violence, policymakers must address the deep-seated societal problems that allow it to flourish. From publisher description.
The Oxford Handbook on Sex Offenses and Sex Offenders provides comprehensive, even-handed analysis of the myriad of topics related to sex offenses, including pornography, sex trafficking, criminal justice responses, and the role of social media in sex crimes. Extending beyond the existing scholarly research on the topic, this volume teases out the key debates, controversies, and challenges involved in addressing sex crimes.
Reflecting the work of an international panel of experts, the International Handbook on Psychopathic Disorders and the Law offers an in-depth and multidisciplinary look at key aspects of the development and etiology of psychopathic disorders, current methods of intervention, treatment and management, and how these disorders impact decision making in civil and criminal law.
Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.
One evening, while watching the news, Roger N. Lancaster was startled by a report that a friend, a gay male school teacher, had been arrested for a sexually based crime. The resulting hysteria threatened to ruin the life of an innocent man. In this passionate and provocative book, Lancaster blends astute analysis, robust polemic, ethnography, and personal narrative to delve into the complicated relationship between sexuality and punishment in our society. Drawing on classical social science, critical legal studies, and queer theory, he tracks the rise of a modern suburban culture of fear and develops new insights into the punitive logic that has put down deep roots in everyday American life.
This comprehensive reference by nationally recognized experts provides an interdisciplinary overview of existing knowledge about sex offenders. It provides in-depth coverage of the problem of identification, risk assessment and management, treatment, and legal solutions. It seeks to ensure public safety while at the same time maintaining medical integrity and respect for due process. The book is intended for psychiatrists, clinical psychologists, and researchers who work with sex offenders, as well as attorneys, members of the judiciary, and policymakers.
This book, the first of two volumes edited by McCartan and Kemshall, focusses on perceptions of sexual offenders, and how risk is used by policy makers, stakeholders, academics and practitioners to both construct and respond to unknown and known sex offenders within the contexts of criminal justice, health and social policy. The chapters provide an oversight of contemporary policies, practices and debates within the area to help both professionals and researchers. The collection focuses on emerging areas (public health approaches, prevention, public perceptions of sexual abuse, and social constructionism), as well as more traditional topics (media, preventative and exceptional sentencing, resilience, and work force development). The authors examine public and professional engagement on sex offender management, and the changing socio-political landscape of sexual offender management. A bold and engaging volume, this edited collection will be of great importance to scholars and practitioners interested in perceptions of sexual offending.