Blog

The Supreme Court’s Crucial Mistake About Sex Crime Statistics

 In the News |   By Ira Ellman; Jul 28, 2015 ————————————————————————————————————- A Commonly-cited statistic about sex offender re-offense rates is wrong Proponents of criminal justice reform never talk about sex offenders. They’re political untouchables subject to lifelong restrictions that continue long past their confinement, restrictions justified as necessary to protect the public from their propensity to re-offend.Continue reading “The Supreme Court’s Crucial Mistake About Sex Crime Statistics”

Hypocrisy in Sexually Violent Predator Expert Testimony

PSYCHOLOGY TODAY: by Allen J Frances M.D.; Posted January 26, 2015 Rape is crime not mental disorder and must be distinguished from Sexual Sadism The United States Constitution does not allow ‘preventive detention’- a much abused 18th century prerogative of royal power that was abhorrent to our founding fathers. We are meant to be aContinue reading “Hypocrisy in Sexually Violent Predator Expert Testimony”

Preventive Detention, Character Evidence, and the New Criminal Law

“The criminal law is changing in a profound way. Anglo-American criminallaw has traditionally focused on deterring and punishing discrete acts ofmisconduct. In the last few decades, however, American criminal law has shiftedits focus from deviant acts to dangerous individuals. Incapacitation, which onceplayed only a peripheral role in the criminal law, has moved to center stage.Continue reading “Preventive Detention, Character Evidence, and the New Criminal Law”

Sexual Predators: Society, Risk, and the Law (International Perspectives on Forensic Mental Health)

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 fromContinue reading “Sexual Predators: Society, Risk, and the Law (International Perspectives on Forensic Mental Health)”

Preventing Sexual Violence: Alternatives To Worrying About Recidivism

Framing the central question about sexual violence in terms of managingthe risk of recidivistic violence presupposes that recidivism is one of the centralproblems to be managed. It isn’t. The alternative is to put recidivistic violencein its proper place, as a small part of the problem, and dismantle the regulatoryregime that has been built on theContinue reading “Preventing Sexual Violence: Alternatives To Worrying About Recidivism”

Failure to Protect: America’s Sexual Predator Laws and the Rise of the Preventive State

Most crimes of sexual violence are committed by people known to the victim―acquaintances and family members. Yet politicians and the media overemphasize predatory strangers when legislating against and reporting on sexual violence. In this book, Eric S. Janus goes far beyond sensational headlines to expose the reality of the laws designed to prevent sexual crimes.Continue reading “Failure to Protect: America’s Sexual Predator Laws and the Rise of the Preventive State”

BEYOND STRICT SCRUTINY: FORBIDDEN PURPOSE AND THE ‘‘CIVIL COMMITMENT’’ POWER

Sex offender civil commitment (SOCC) is a massive deprivation of liberty assevere as penal incarceration. Because it eschews most of the ‘‘great safeguards’’constraining the criminal power, SOCC demands careful constitutional scrutiny. Although the Supreme Court has clearly applied heightened scrutiny in judging civil commitment schemes, it has never actually specified where on the scrutiny spectrumContinue reading “BEYOND STRICT SCRUTINY: FORBIDDEN PURPOSE AND THE ‘‘CIVIL COMMITMENT’’ POWER”

Detention Without Data: Public Tracking of Civil Commitment

“Civil commitment ranks among the most contentious and coercive elements of mental health care. Although civil commitment is practiced across the United States, basic statistics about these policies, such as the numbers of involuntary psychiatric hospitalizations each year, remain unknown or inaccessible to much of the public. Public tracking of civil commitment is complicated byContinue reading “Detention Without Data: Public Tracking of Civil Commitment”

Loading…

Something went wrong. Please refresh the page and/or try again.


Follow My Blog

Get new content delivered directly to your inbox.

%d bloggers like this: