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”

Dangers of a Preventive Detention Law

Human Rights Law: by David Fathi; January 3, 2009 6:07PM EST PRESIDENT-ELECT Barack Obama has said he’ll close the US detention center at Guantanamo Bay. The question is how. If the government has evidence that Guantanamo detainees have committed crimes, it should put them on trial in the federal courts, just like other suspected criminals.Continue reading “Dangers of a Preventive Detention Law”

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”

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”


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”

TCCO Board Minutes February 2021

Folks, Pay particular attention to the two sections reported in the TCCO Board minutes titled: Report from the Texas Civil Commitment Center regarding treatment programming Report from the Texas Civil Commitment Center regarding COVID-19 protocols and processes We believe there are blatant inaccuracies in what TCCO is reporting to the Board. If you believe theContinue reading “TCCO Board Minutes February 2021”

Applying Collaborative Justice to Sexually Violent Predator Civil Commitment

Sexually violent predator (SVP) statutes are unique in that these laws allow for the indefinite civil psychiatric commitment of sex offenders after their criminal sentences have been served. In addition to the high cost of psychiatric hospitalization, recently observed low base rates of sexual recidivism of sexoffenders released from custody suggest that, in select SVPContinue reading “Applying Collaborative Justice to Sexually Violent Predator Civil Commitment”

RULING from the United States Court of Appeals for the Fifth Circuit

This case concerns a sexually violent predator (“SVP”) who allegesthat he was unlawfully searched and subsequently detained because he wasin an unauthorized relationship with his supervisor and chaperone. There arenumerous claims here—both personal and official capacity claims—whichwe analyze separately. We reverse and remand, however, because ofprocedural errors in the district court’s order, and we directContinue reading “RULING from the United States Court of Appeals for the Fifth Circuit”