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Sexual predator commitment laws: lessons for law and the behavioral sciences.

E S Janus1

  • 1William Mitchell College of Law, 875 Summit Avenue, Saint Paul, MN 55105-3076, USA.

Behavioral Sciences & the Law
|March 29, 2000
PubMed
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Sex offender commitments in Minnesota: a descriptive study of second generation commitments.

Behavioral sciences & the lawยท2000
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Sex offender commitment laws, upheld by Kansas v. Hendricks, raise policy questions about effectiveness and resource allocation. Behavioral science research is crucial for future decisions on these public safety measures.

Area of Science:

  • Law and Society
  • Forensic Psychology
  • Public Policy

Background:

  • Sex offender commitment laws utilize mental health models for post-incarceration confinement of high-risk individuals.
  • The Supreme Court's decision in Kansas v. Hendricks addressed constitutional challenges to these laws.

Purpose of the Study:

  • To analyze the legal clarifications provided by Kansas v. Hendricks regarding civil commitment for police power interests.
  • To examine the role of treatment in justifying civil commitment for sex offenders.
  • To highlight the influence of policy decisions and behavioral science in shaping future commitment schemes.

Main Methods:

  • Legal analysis of the Kansas v. Hendricks Supreme Court case.
  • Review of civil commitment principles (police power vs. parens patriae).

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  • Discussion of the role and justification of treatment within commitment frameworks.

    • Main Results:

    • The Hendricks case affirmed the constitutionality of sex offender commitment laws, clarifying their basis in police power.
    • The ruling provided insights into the necessity and function of 'treatment' in civil commitment justifications.
    • Significant legal ambiguities remain, with policy decisions poised to guide future legislative and judicial actions.

    Conclusions:

    • Future sex offender commitment strategies will depend heavily on policy choices informed by behavioral science.
    • Key research areas include improving recidivism prediction, defining 'inability to control' standards, and evaluating program cost-effectiveness and treatment disincentives.