| In January of 1999, Florida became one of
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| | prison. Why wait until a man is ready to
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| a handful of states with laws allowing
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| | be released to begin his treatment? Why
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| the civil commitment of sex offenders
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| | delay treatment for 7 years for someone
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| after they had completed their prison
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| | who needs it?Fifth, there is no treatment
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| sentences. Similar civil commitment
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| | recognized as effective as a deterrent
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| statutes had already been passed in
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| | for repeat sex offenders, so what kind of
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| Kansas, Washington, Missouri, Iowa,
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| | treatment are they to receive after they
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| Massachusetts, and Wisconsin - all with
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| | are released from prison and committed to
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| the intent of prolonging the confinement
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| | an institution? The fact of the matter is
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| of inmates who had committed sex
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| | that these men will probably spend the
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| offenses.This is the way these laws work.
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| | rest of their lives
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| A person commits a sex offense, is tried
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| | institutionalized.Sixth, the supporters
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| and convicted, or pleads guilty. A
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| | of these bills argue that the repeat sex
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| sentence is given, say 7 years. The
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| | offenders cannot control their behavior,
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| inmates serves his sentence and then is
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| | that their crimes are not volitional.
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| scheduled for release. But before he is
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| | This is the rationale for confinement and
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| released the state files a petition to
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| | treatment. But, if the offender cannot
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| have him committed to a mental
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| | control his behavior, why not put him in
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| institution. There is a procedure, an
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| | a mental institution in the first place.
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| evaluation, various steps in a process in
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| | This is where other offenders (the
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| which psychologists, psychiatrists,
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| | criminally insane, for example) who are
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| prosecutors, judges, and juries decide
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| | deemed not to be responsible for their
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| whether to label the offender a sexual
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| | behavior are put.Even though there are
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| predator with a mental abnormality that
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| | these and many other arguments against
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| makes him likely to commit a sex offense
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| | the constitutionality of the civil
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| in the future.If the offender is so
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| | commitment for sexual predator laws, the
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| labeled, off he goes to an institution
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| | Supreme Court in Kansas v. Hendricks
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| where he can be confined for life unless
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| | found that the Kansas sexual predator law
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| he demonstrates that he has changed to
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| | was constitutional. The court reasoned
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| such an extent that he will be no danger
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| | that because the law was civil and not
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| to the community.Now, sex offenders are
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| | criminal it was not subject to the
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| nobody's favorite group. Few people care
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| | prohibitions against ex post facto laws,
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| about their rights. Even fewer will fight
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| | or the prohibition against double
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| for them. But rights tend not to be
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| | jeopardy. The court also found nothing
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| confined to a particular group. The
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| | wrong with commitment of an individual
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| trampling of rights, even if it's those
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| | who was held to have a "mental
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| of sex offenders today, can easily mean
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| | abnormality" (a low standard) but not
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| somebody else's rights being trampled
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| | found to have a "mental illness (a higher
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| tomorrow. This is why civil rights must
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| | standard)." The American Psychiatric
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| be jealously guarded.Let's examine the
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| | Association has argued that a third to a
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| legal objections to civil commitment
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| | half of those in prison will meet the
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| statutes.First, the statutes represent a
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| | criteria of having a personality disorder
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| sort of double jeopardy. The inmate has
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| | which can be considered a "mental
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| been punished by going to prison and
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| | abnormality."Kansas v. Hendricks is a
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| serving his sentence. Then after he has
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| | disturbing Supreme Court decision, but it
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| "paid his debt to society" he is
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| | has opened the door for more states to
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| confronted with another, additional
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| | pass similar civil commitment
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| sentence - confinement, possibly for
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| | legislation, and will undoubtedly create
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| life. He is punished twice for the same
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| | the environment in which many more states
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| crime. This is what the law calls double
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| | will follow suit.Florida's civil
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| jeopardy.Second, these statutes violate
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| | commitment statute is already being
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| the constitutional prohibition against
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| | questioned in the courts, and there have
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| the enforcement of ex post facto laws.
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| | already been problems with housing what
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| The prohibition against ex post facto
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| | may wind up to be a great number of
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| laws is intended to keep the state from
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| | inmates in facilities which are said to
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| enforcing a law retroactively. But,
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| | be mental institutions, but are often
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| inmates who committed their crimes and
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| | converted correctional institutions.
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| were sentenced to prison before these
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| | Florida Governor Jeb Bush proposed and
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| laws were passed are still being
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| | then cancelled plans to put a facility
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| subjected to them when they are ready for
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| | for these sexual predators several blocks
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| release. When the offenders committed the
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| | from a school in Chattahochee, Florida.
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| crimes, they did not know about this new
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| | Where they will be located remains to be
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| punishment, so it is a punishment thought
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| | seen.Nobody cares about these inmates.
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| up and implemented after the fact.Third,
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| | Nobody wants these inmates, and nobody
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| the law does not punish the inmate for
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| | seems to be paying attention to the
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| something he has done, but for something
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| | dubious constitutionality of their
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| he might do. The social sciences have not
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| | commitment. Once again, the demonization
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| been very effective at predicting future
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| | of a class of people has clouded our
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| behavior, and to punish someone for what
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| | judgement and distorted our policy.Dr.
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| they might do is contrary to all our
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| | Johns has a Ph.D. from the Faculty of Law
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| legal heritage.Fourth, the argument is
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| | of the University of Edinburgh,
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| that the sex offenders are being
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| | Edinburgh, Scotland. She has written and
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| committed for treatment not for
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| | published three books (see Amazon.com).
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| punishment. But why, if these offenders
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| | You can contact her through her website
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| need treatment, are they not given it in
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| | cjjohns.
|
