Sex Offender Civil Commitment
Civil Rights or Societal Rights
Civil commitment is a legal process typically introduced into society for the mentally ill, or those individuals whom the Court or other professionals believe are a danger to themselves or others. Society realizes that, at times, an individual may pose a danger to themselves or to society and be unable to make rational decisions. In fact, in most jurisdictions in the modern world, involuntary commitment procedures are specifically applied to individuals who have manifested some form of serious mental illness that acts to impair their reasoning to such extent that they are unable to make cogent and logical decisions. herefore, at these times the state (the Court system) must intercede to find ways to make the appropriate decisions under a legal template. Involuntary commitment may have, in the past, been used in certain situations, inappropriately, but the statutory criteria that indicates one is…...
mlaThe idea of civil commitment is not just a legal or political issue, but a moral and ethical philosophical debate within society. This is a scholarly volume, intended for a scholarly audience that asks several pertinent questions about the role that the political process plays within decisions that are uncomfortable for society -- among which defining sexual predation is one.
Troyer, J. (2003). The Classical Utilitarians - Bentham and Mill. New York: Hackett Publications.
Also a scholarly publication, this book describes the evolution of utilitarian thought from Ancient times to the 19th century. It is a standard text that helps one understand the differences between utilitarianism and deontology, and also analyzes why the good of society can be a cultural issue that can change over time.
The website explained that the law's necessities turned on a person's finding of guilt alone a fact that a person had already had a procedurally protected occasion to challenge. Even if the person could show that he was not liable to be presently harmful, Connecticut had determined that the registry knowledge of all sex offenders had to be openly revealed. The offender had relied only on procedural due process, not on the substantive part of the Fourteenth Amendment's safeguards.
In a 9-0 decision the judgment was reversed. In an opinion by ehnquist, Ch. J., joined by O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., it was held that: (1) The Connecticut law did not infringe procedural due process, under the Fourteenth Amendment, by failing to permit affected people, prior to their registry information being revealed to the public, an investigation to establish whether the offenders were probable to be…...
mlaReferences
Conn. Dep't of Pub. Safety v. Doe, 538 U.S. 1 (U.S. 2003). Retrieved October 28, 2010, from Find Law Web site:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=000&invol=01-1231
Gramlich, John. (2010). Online sex offender info rapidly expands. Retrieved October 28, 2010,
from Stateline Web site: http://www.stateline.org/live/details/story?contentId=367676
Mental health workers offered mixed support for the treatment program. A rape crises advocate and support counselor suggested that diverting offenders out of the criminal justice system denied the victims the closure that they needed to move on with their lives. However, two psychiatrists indicated that they believe that treatment programs can be effective, and that treatment is the appropriate course for mentally ill offenders, rather than incarceration. In addition, because they work with mental commitments, they indicated that both of them have already participated in civil commitments for pedophilic child molesters who offended within the family group, and indicated their belief that the civil commitment process actually made it easier for the victim to begin the work to repair his or her life.
Finally, it is important to consider the criminals. More than in almost any other area, the idea of possibly indefinite civil commitment for those who sexually offend…...
mlaGive the District Attorney the discretion to prosecute the pedophile for any acts of sexual assault, as well as any other crimes committed to further the sexual assault or hide the sexual assault. Any pedophile engaging in torture, aggravated assault, or murder would be subject to criminal prosecution for those crimes.
While conventional wisdom suggests that treatment for sexual offenses against children is ineffective, that simply is not the case. Pedophiles have a horrible disease. While that disease does not give them the right to victimize others, it like other mental illness, becomes more difficult to control when a person is experiencing "fear, lack of trust, low self-esteem, feelings of rejection, inadequate social skills, lack of empathy, isolation from others, and poor communications skills." (Freeman-Longo, 2001). Prison increases these feelings, making it unlikely that treatment in a prison setting would provide the same type of success as hospital-based treatment programs.
Furthermore, one-third of sexual offenses against children are committed by teenagers. (Chaffin, Bonner, & Pierce, 2003). Because many child molesters are, themselves, children, it stands to reason that there are many teenage child molesters who are pedophiles, though most adolescent sexual offenders do not meet the criteria for pedophilia. However, across the board, adolescent sex offenders are more responsive to treatment
habitual sex offender has become a major issue in American society today. Media reports on the number of children killed in recent years fuel this concern, including reports where a sex offender who has been released from prison at the end of his sentence takes and kills another victim. Various states have passed new laws and added restrictions on sex offenders as a result, and one of the issues now concerns notification, meaning whether the neighbors of a released sex offender should be told that the offender is living among them. Traditionally, parole or release from prison has been a matter kept between the offender and the state, and the people in the community are not told where released sex offenders are living. Because of the notoriety accompanying some recent cases, the public now demands to be told when a sex offender is living in the community. hile these…...
mlaWorks Cited
Beatty, David. "Community Notification?
It's the Right Thing to Do." Corrections Today 59(6)(October 1997), 20.
Biema, David. "Burn Thy Neighbor." Time (July 27, 1993), 58.
Decter, Midge. "Megan's Law and the New York Times." Commentary (October 1994), 61-62.
poweful abstact, endeed ceatively by being witten in the second peson. Using second peson engages the eade and encouages the eade to conside the deepe issues that ae about to be addessed in the eseach. The autho succinctly captues the issues elated to eintegating sex offendes into communities in safe and humane way, focusing on the case study in Miami-Dade County. Theefoe, the abstact is ideal and goes beyond the typical abstact that dyly summaizes key findings and methodologies. As with the est of the pape, the opening sections ae well witten and thee ae no gammatical o stylistic poblems.
The intoduction of the pape is bief and to the point, citing statistics that gound the agument in factual evidence. Fo example, the autho mentions the numbe of egisteed sex offendes living in the United States and uses statistics fom a cedible oganization. The autho also shows how the law…...
mlareferences to psychological literature that detailed the brains of sex offenders or some evidence-based information on whether or not sex offenders can be rehabilitated and if so, how that is possible. Another thing that would improve this paper would be for the author to make suggestions for changes to the public policy and how to shift the approach in dealing with sex offenders. However, as the descriptive visual analysis of what is going on in Miami-Dade County, this is an excellent paper that has broader applications to the rest of the country.
special needs, mentally ill, and substance-abusing prisoners affect the jail and prison systems at state and federal levels?
The Federal ureau program functions inside the prison and is a drug abuse platform which has individual units in several prisons. It has programs, lengths of treatments, structure and staffing provided to work with addictions. The 500-hour program has to be attended by all the inmates and live in the treatment entity which is apart of the prison population. This particular program needs the inmates to accept accountability for their conduct and to settle on a conscious choice to abstain from taking part in drug abuse or criminal conduct (Washburn, 2012). Evidence has demonstrated that these sorts of projects are compelling in both decreasing recidivism and drug abuse. It assists them get positive fundamental skills as well as have physical health, and develop family relationships. It is additionally supplemented by different projects…...
mlaBibliography
Seiter, R. (2011). Corrections: An Introduction (3rd ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.
Smith, K. (2013). Special needs Prisoner: Specialized Prisons and Services. Prison J.
Washburn, K. (2012). Prisoners with Special Needs. CJA.
When one looks at the occurrence of recidivism in offenders who have partaken in treatment programs varying from organic programs to those geared to more social and emotional support programs, it becomes clear that recidivism of sexual re-offense is relatively low, compared to those who undergo no treatment program. However, there is still an issue with non-sexual re-offense. In addition, there is evidence that the contributing factors for adult and juvenile offenders are different.
As such, it is suggested that not all offenders should receive the same treatment. Correctional literature indicates that high-risk offender require the greatest use of resource, while lower risk offenders require the lowest level of resources (Andrews & Bonta, 2003).
As such, blanket policies that deem all offenders as 'high risk' are neither effective nor efficient. In addition, it may take away resources from those who truly need it, such as juvenile offenders who require longterm treatment.
eferences
Abracen,…...
mlaReferences
Abracen, J., Looman, J., DiFazio, R., Kelly, T., & Stirpe, T. (Mar 2006). Patterns of attachment and alcohol abuse in sexual and violent non-sexual offenders. Journal of Sexual Aggression, 12(1). Retrieved December 17, 2007, from Academic Search Premier database.
Andrews, D. & Bonta, J. (2003). The psychology of criminal conduct. Cincinnati, OH: Anderson Publishing.
Bates, a., Saunders, R., & Wilson, C. (Spring 2007). Doing something about it: A follow-up study of sex offenders participating in Thames Valley Circles of Support and Accountability. British Journal of Community Justice, 5(1). Retrieved December 17, 2007, from SocINDEX database.
Calley, N. (Spring 2007). Integrating theory and research: The development of a research-based treatment program for juvenile male sex offenders. Counseling & Development, 85(2). Retrieved December 17, 2007, from Academic Search Premier database.
Offender Reentry Program Proposal
The concept of offender "reentry" is beginning to take the corrections world by storm -- a much overdue storm. Reentry is the process of prisoners reentering society after a period of incarceration in a prison, jail, or detention facility. But it doesn't signify just "letting them go." It connotes that offenders are "prepared" to be released. It means that they are much better off at the time of release than at the time of their admission. (Anderson, S)
It suggests that their period of community supervision will contribute to their crime-free lifestyle. An estimated 100,000 youth are released from secure and residential facilities every year and because the length of incarceration for juveniles is shorter than for adults, a relatively greater percentage of juveniles return to the community each year. In addition, research indicates that a small percentage of juvenile offenders commit the overwhelming majority of juvenile crime.
The…...
mlaWilkinson, R. (1998). The impact of community service work on adult state prisoners using a restorative justice framework. Unpublished doctoral dissertation, University of Cincinnati.
Wilkinson, R. (2000). Sex offender risk reduction center. In R. Wilkinson (Ed.), Correctional best practices. Directors' perspectives. Middleton, CT: The Association of State Correctional Administrators.
Wilson, D., Gallagher, C., & MacKenzie, D. (2000). A meta-analysis of corrections-based education vocation, and work programs for adult offenders. Journal of Research in Crime and Delinquency, 37, 347-368.
(2009, Oct. 4). 25,000 Nepli girls involved in sex trde in Indin cities.
Commercil sex brothels in the towns of Delhi, Mumbi, Pune nd Kolkt feture young girls believed to hve been kidnpped from Nepl, ccording to the rticle. There re n estimted fifty brothels in Pune, nd mny of them re reportedly owned by dult women from Nepl. In those 50 brothels there re bout 500 Neplese girls working in sexul slvery, the rticle sserts. This informtion comes through report tht ws intended to get the medi interested in reporting these terrible crimes. Retrieved Feb. 13,
2010, from http://www.expressindi, com/fullstory.php?newsid=55901.
Hwii News Now. (2010, Februry 10). Hwii mn chrged with sex trfficking t Super Bowl. A mn who is lleged to be pimp from Hwii is being chrged with bringing teenge Hwiin girl to the Super Bowl in Mimi -- nd llegedly used her to mke money. Fred…...
mlaand Customs Enforcement agents that they were promised good jobs and a better life in the United States, so they came to the U.S. with high hopes. But when they arrived it turned out that they had to work in the bar for $20 a day until they paid off their "smuggling fees" of around $4,500. Part of their job was to have sex with customers "for money."
Retrieved Feb. 14, 2010, from the Monitor http://www.themonitor.com .
WTOV9.com. (2010, Feb. 14). Report: Human Trafficking Big Business in Ohio. This article on WTOV9 tells the story of how teenager Theresa Flores was raped and had photos taken of the act of being raped. The attacker said unless she submitted to being a hooker for his gang, her photo would be on the Internet and everyone would know she had sex (even her priest) So she went along for 2 years. Moreover, the story claims that as many as 1,000 children born in Ohio each year are forced into sex slavery. Retrieved Feb. 14, 2010, from http://www.wtov9.com/news/22553109/detail.html .
Treatment Programs for Sex Offenders
esults of studies are inconclusive as to how often convicted sex offenders re-offend once released from prison. A Canadian study suggested the number is as high as 88%. (Bialik, 2008) However, Wisconsin psychologist Dennis Doren states, "There is no research support for that view, period." (Bialik, 2008) Another widely publicized report indicates the rate of re-offense to be 52%. (Bialik, 2008) If even half of the convicted sex offenders are likely to commit a similar crime once released, the number is too high.
One way to reduce the number of repeat offenders is to mandate participation in a treatment program. Once an offender is convicted of a crime, their Constitutional rights should be suspended. They should lose the free will that they enjoyed as a free member of society. As such, they should be required to undergo treatment for sexual assault. It should not even be a…...
mlaReferences
Alaska Department of Corrections and Alaska Justice Statistical Analysis Unit. (1996). Sex Offender Treatment Program: Initial Recidivism Study -- Executive Summary. Anchorage, AK: Offender Programs, Alaska Department of Corrections; and Alaska Justice Statistical Analysis Unit, Justice Center, University of Alaska Anchorage.
Bialik, Carl. (January 24, 2008). How Likely Are Sex Offenders to Repeat Their Crimes? Retrieved from http://blogs.wsj.com/numbersguy/how-likely-are-sex-offenders-to-repeat-their-crimes-258/
Prentky, R. & Burgess, A.W. (1990). Rehabilitation of child molesters: A cost-benefit analysis. American Journal of Orthopsychiatry, 60, 108-117.
Despite these constraints, GPS-enabled tracking systems stand to promote public safety. In this regard, Schwabe and his associates report, "etter technology for offender tracking has the potential to increase public safety by making information on offenders easier to share and utilize" (2001, p. 23). These types of surveillance systems, though, introduce new privacy concerns, even for offenders, given the fundamental constitutional rights that are involved. As Schwabe et al. emphasize, "It should be noted, however, that such systems raise many of the same civil liberties issues discussed above vis-a-vis video surveillance. As a result, they represent another case where the use of a technology by law enforcement must be balanced against individual rights and the resulting (potentially conflicting) public perceptions of the activity" (Schwabe et al., 2001, p. 23). While the debate over civil liberties vs. public safety continues, the use of GPS-enabled tracking devices continues to increase in…...
mlaBibliography
Cassel, D. (2008). Pretrial and preventive detention of suspected terrorists: Options and constraints under international law. Journal of Criminal Law and Criminology, 98(3),
811-814.
Author is Professor of Law; Director, Center for Civil and Human Rights, Notre Dame Law School who provides a timely overview of detention approaches used for foreign nationals who have been convicted of terrorist activities. Author's observation concerning the effectiveness of GPS-enabled tracking devices was a valuable contribution to the goals of this paper.
Lindsey, J.M. (1999). Techniques in human geography. London: Routledge.
(Harris, 2002, p. 8)
Terrorist acts are both crimes and forms of warfare, and in both respects are unlike what we are used to." 2 Understanding the larger possibilities, such as warfare, law enforcement will be able to make informed decisions on matters concerning data collection. When gathering information it is important to document and standardize every step of the process. This will alleviate any complications when categorizing behaviors or activities and will ensure that all participants in the process are on the same playing field. (onczkowski, 2004, p. 72)
Following the 9/11 attacks on the U.S. which is an example of foreign terrorism, though domestic terrorism has been present in the U.S. For decades, many individuals accepted new standards of security that might infringe upon their rights as citizens to freely travel, assemble and speak, yet more recent protests have been leveled against law enforcement and security measures as time…...
mlaReferences
Califano, J.A. (1998, October). A New Prescription: Investing in Substance-Abuse Treatment Would Take a Big Bite out of Crime. Washington Monthly, 30, 9.
Evans, D.J., Fyfe, N.R., & Herbert, D.T. (Eds.). (1992). Crime, Policing, and Place: Essays in Environmental Criminology. New York: Routledge.
Glenn, R.W., Panitch, B.R., Barnes-Proby, D., Williams, E., Christian, J., Lewis, M.W., et al. (2003). Training the 21st Century Police Officer: Redefining Police Professionalism for the Los Angeles Police Department / . Santa Monica, CA: Rand.
Groth, a.N. (1979). Men Who Rape: The Psychology of the Offender. New York: Plenum Press.
These strategies should focus on parolees' risks and need and conducted in a way that would motivate change. Aware of these realities, States continue to innovate and evolve reentry strategies towards this end (Yahner et al.).
The RI was a particularly ambitious correctional program in that it targeted the most difficult offenders for rehabilitation and incorporation into the community. These are young offenders with violent criminal histories, who are likeliest to be excluded from reentry assistance. The RI develops and implements individual plans to reintegrate chosen offenders back into society. This was the Controlling Violent Offenders Program.
Efforts begin during their incarceration and continue when they are released into the community through a focused approach by a mentor. Case workers and mentors conduct varied programs to support their transition. These include social services in substance abuse and mental health disorders and vocational services for training, education and resume development for employment…...
mlaBIBLIOGRAPHY
Braga, A.A. et al. (2008). Controlling violent offenders released to the community.
Rappaport Institute for Greater Boston: Harvard Kennedy School. Retrieved on March 19, 2013 from http://www.hks.harvard.edu/var/ezp_site/storage/fckeditor/file/pdfs/centers-programs/centers/rappaport/workingpapers/braga_BRI_final.pdf
James, N. (2011). Offender reentry: correctional statistics reintegration into the community and recidivism. CRS Report for Congress: Congressional Research
Service. Retrieved on March 19, 2013 from http://www.nationalcia.org/wp-content/uploads/correctional-statistics-Reintegration-into-the-Community.pdf
Offenders
The career criminal
A career criminal is a person who repeatedly participates in criminal acts for both a constant and central source of income DeLisi, 2005.
A career criminal uses crime as their only source of income, and they will commit offenses on a regular basis even after they have been released from prison. No form of rehabilitation can help a career criminal because they have antisocial behaviors and they refuse any form of rehabilitation. The career criminal continuously commits offenses and even with the best criminal justice system, they are never rehabilitated. This causes a major problem to the correctional facilities because career criminals lead to overcrowding of prisons.
Since these criminals have amassed many sentences, the judicial system is forced to sentence them to life imprisonment. The main reason been the short prison terms the offenders have been given before have had no effect, and giving them a short sentence…...
mlaReferences
DeLisi, M. (2005). Career Criminals in Society. 1 Oliver's Yard: SAGE Publications.
Howitt, D., & Sheldon, K. (2009). Sex Offenders and the Internet. Hoboken, NJ: Wiley.
Unfairness of Sex Offending Laws.
Current laws that govern sex offences are placed under scrutiny for their potential unfairness towards those convicted. Often, these laws are excessively harsh against those who do not pose a current danger to public safety.
There are few things as dire to the public mind as sex offences. Hence, current laws are as harsh as possible to protect what is perceived as the safety of the public and its most vulnerable members, children. For this reason, the Internet sex offender databases were created. At the basis of these is Megan's Law, which specifically requires a state to make neighbors aware when violent sex offenders move into their community (Sheeres, 2002). The law has been enacted in honor of Megan Kanka. She was a 7-year-old girl from New Jersey who was raped and murdered in 1994. The perpetrator was a twice-convicted child molester. He moved into a house…...
mlaREFERENCES
Dowd, J. (2008, Oct 27). Se offender law unfair to homeless, court says. The 13th Juror. Retrieved from: http://jackiedowd.blogspot.com/2008/10/sex-offender-law-unfair-to-homeless.html
Prior, R. (2010, Oct 10). Juror: Sex offender law unfair. The St. Augustine Record. Retrieved from: http://staugustine.com/news/local-news/2010-10-10/juror-sex-offender-law-unfair
San Diego News (2010, Apr. 12). Registered Sex Offender Says Current Laws Unfair. Retrieved from: http://www.10news.com/news/23131007/detail.html
Sheeres, J. (2002, Jun. 10). Sex Offender: Branded for Life. Wired. Retrieved from: http://www.wired.com/techbiz/media/news/2002/06/53075
While it may seem like recidivism has a clear definition, there have actually been a number of different definitions of recidivism over time. Generally, recidivism means reoffending after being released from a punishment or treatment program. However, measures of recidivism cannot really account for all recidivism because recidivism is measured in various ways such as convictions for additional crimes, self-reporting rates, etc., but none of these measures is going to accurately capture all instances of recidivism. One highly-researched area of recidivism is sex offenders and sex-based offenses. Most lay people believe that sex offenders cannot be rehabilitated....
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