Sex Offenders and Preventive Detention PDF Download

Author: Bernadette McSherry
Publisher: Federation Press
ISBN: 9781862877634
Category : Political Science
Languages : en
Pages : 148

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Book Description
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.

Author: Eric S. Janus
Publisher: Cornell University Press
ISBN: 1501731165
Category : Law
Languages : en
Pages : 198

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Book Description
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. He 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. In addition to criminal sanctions, he endorses the specific efforts of some advocates, organizations, and social scientists to stop sexual violence by, for example, taking steps to change the attitudes and behaviors of school-age children and adolescents, improving public education, and promoting community treatment and supervision of previous offenders.Janus also warns that the principles underlying the predator laws may be the early harbingers of a "preventive state" in which the government casts wide nets of surveillance and intervenes to curtail liberty before crimes of any type occur. More than a critique of the status quo, this book discusses serious alternatives and how best to overcome the political obstacles to achieving rational policy.

Author: Robert A. Prentky
Publisher: Routledge
ISBN: 1136016643
Category : Psychology
Languages : en
Pages : 373

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Book Description
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.

Author: Robert A. Prentky
Publisher: Routledge
ISBN: 1136016724
Category : Psychology
Languages : en
Pages : 400

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Book Description
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.

Author: Michael Louis Corrado
Publisher:
ISBN: 9781611634457
Category : Detention of persons
Languages : en
Pages : 0

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Book Description
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.

Author: Victoria. Sentencing Advisory Council
Publisher: Sentencing Advisory
ISBN: 9781921100109
Category : Criminal behavior, Prediction of
Languages : en
Pages : 278

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Book Description
Discusses post-sentence detention and supervision options for high-risk sexual and violent offenders, preventive detention, risk assessment and management.

Author: Bernadette McSherry
Publisher: Routledge
ISBN: 1136215174
Category : Psychology
Languages : en
Pages : 287

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Book Description
Managing Fear examines the growing use of risk assessment as it relates to preventive detention and supervision schemes for offenders perceived to be at a high risk of re-offending, individuals with severe mental illness, and suspected terrorists. It outlines a number of legislative regimes in common law countries that have broadened ‘civil’ (as opposed to criminal) powers of detention and supervision. Drawing on the disciplines of criminology and social psychology, it explores how and why such schemes reflect a move towards curtailing liberty before harm results rather than after a crime has occurred. Human rights and ethical issues concerning the role of mental health practitioners in assessing risk for the purposes of preventive detention and supervision are explored, and regimes that require evidence from mental health practitioners are compared with those that rely on decision-makers’ notions of ‘reasonable belief’ concerning the risk of harm. Case studies are used to exemplify some of the issues relating to how governments have attempted to manage the fear of future harm. This book aims to educate mental health practitioners in the law relating to preventive detention and supervision schemes and how the legal requirements differ from clinical assessment practices; examine the reasons why there has been a recent renewal of preventive detention and supervision schemes in common law countries; provide a comparative overview of existing preventive detention and supervision schemes; and analyse the human rights implications and the ethics of using forensic risk assessment techniques for preventive detention and supervision schemes.

Author: Sean Maddan
Publisher: Aspen Publishing
ISBN: 1543817599
Category : Law
Languages : en
Pages : 376

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Book Description
In Sex Offenders: Crimes and Processing in the Criminal Justice System, Maddan and Pazzani draw on their extensive research and teaching experience to provide coverage of all facets of sex crimes and sexual deviance in the United States. The text emphasizes rape and sexual offenses against children and society’s responses through the criminal justice system, including enforcement and investigation, the courts, corrections, and post-punishment treatment. Up-to-date information, statistics, and research assessments include imprisonment, historical punishments, recidivism, registration and notification requirements (SORN), residence restrictions, civil commitments, and treatment. The impact of sex offenses on victims’ lives is treated in depth, as are possible directions for future policies to better address the threat posed by sex offenders. Students reading this book will get a true sense of the U.S. sex offender problem, the responses of the criminal justice system, and what can be done to further decrease the incidence of sex offending. New to the Second Edition: A fresh examination of sexual harassment in the workplace in light of the #MeToo movement. Incorporation throughout the book of the etiology of sexual harassment. In-depth consideration of why sexual harassment is not handled through the criminal justice system as a criminal offense. Updated literature, research, and statistics on sex crimes and criminal justice processing. New example stories that highlight more recent real-world instances of sex crimes and criminal justice responses to sex crimes. Professors and students will benefit from: An overview of sex offenses in the United States covers major theories to account for sex offending, legal statutes defining sex crimes, types of sex offenses and offenders, sex crime victims’ characteristics, policing of sex crimes, and society’s responses to sex crimes (including registries, residence restrictions, civil commitments, and treatment). A focus on sex offenses through the criminal justice system framework examines the pros and cons of various strategies, including criminal statutes, law enforcement and court processing approaches, and correctional techniques for treating or warehousing sex offenders. Real-world narratives in each chapter illustrate and provide a practical perspective on the complexity and impact of the sex offense under discussion for society, perpetrator, and victim. Accessibly written chapters include learning objectives, lists of key terms, exercises, and essay questions for review and information retention.

Author: Alan Felthous
Publisher: John Wiley & Sons
ISBN: 0470011858
Category : Psychology
Languages : en
Pages : 662

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Book Description
The economic impact of society’s efforts to rehabilitate and contain psychopathically disordered individuals can be enormous. Understanding these disorders, developing valid assessment methods and providing safe, effective treatments is therefore of paramount importance. Reflecting the work of a truly international panel of experts from Europe, North America and Asia, the International Handbook on Psychopathic Disorders and the Law offers an in-depth, 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.

Author: Hallie Ludsin
Publisher: Cambridge University Press
ISBN: 1316597989
Category : Political Science
Languages : en
Pages : 446

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Book Description
Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.