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Articles 1 - 22 of 22
Full-Text Articles in Law
Washington's Sexually Violent Predators Statute: Law Or Lottery? A Response To Professor Brooks, John Q. La Fond
Washington's Sexually Violent Predators Statute: Law Or Lottery? A Response To Professor Brooks, John Q. La Fond
Seattle University Law Review
In this Symposium Article, the author responds to Alexander D. Brooks, The Constitutionality and Morality of Civilly Committing Violent Sexual Predators, article.
Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond
Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond
Seattle University Law Review
This Article will demonstrate that the Washington legislature deliberately chose to abuse the medical model of involuntary commitment for treatment in order to achieve lifetime preventive detention. In so doing, the legislature violated fundamental constitutional principles that underlie our system of social care and control and safeguard individual liberty.
Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day
Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day
Seattle University Law Review
This Comment argues that the juvenile justice system should be retained in theory, but that Washington’s punitive approach has failed and should be restructured to embrace a system that focuses more on the needs of the offender than on the results of the offense. This Comment advocates for the punitive system to be replaced by laws that once again make rehabilitation a primary goal, but that also provide juveniles with the procedural safeguards necessary to ensure survival in the system. This Comment proposes a significant restructuring of the current system as a means of achieving that goal.
The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown
The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown
Seattle University Law Review
This Article first briefly examines the United States Supreme Court cases dealing with the juvenile death penalty. Second, the Article describes the history and structure of Washington's death penalty statute. Third, the Article analyzes whether the state constitution's ban on cruel punishment prohibits the imposition of the death penalty on juveniles.
What Would Happen If Videotaped Depositions Of Sexually Abused Children Were Routinely Admitted In Civil Trials? A Journey Through The Legal Process And Beyond , John B. Mitchell
What Would Happen If Videotaped Depositions Of Sexually Abused Children Were Routinely Admitted In Civil Trials? A Journey Through The Legal Process And Beyond , John B. Mitchell
Seattle University Law Review
As all of us are aware, there has been concern throughout our legal system about the trauma that child victims of sexual abuse suffer when testifying at criminal trials. It is likely that these same concerns will follow into the civil arena as civil cases for sexual abuse of child victims become more common. In response, advocates of child victims will propose that videotapes of child depositions be admitted in trial in place of live testimony. Such evidence may have profound effects on juries and may also alter the role of advocates in our civil system. This Article is about …
Editor's Preface: Predators And Politics: The Dichotomies Of Translation In The Washington Sexually Violent Predators Statute, Nancy Watkins Anderson, Kenneth W. Masters
Editor's Preface: Predators And Politics: The Dichotomies Of Translation In The Washington Sexually Violent Predators Statute, Nancy Watkins Anderson, Kenneth W. Masters
Seattle University Law Review
No abstract provided.
Keynote Address: Predators And Politics, Norval Morris
Keynote Address: Predators And Politics, Norval Morris
Seattle University Law Review
The following article is a transcription of portions of Mr. Morris's keynote address presented at the Predators and Politics Symposium on March 9, 1992 at the University of Puget Sound School of Law.
Cognitive Restructuring Through Law: A Therapeutic Jurisprudence Approach To Sex Offenders And The Plea Process, Jeffrey A. Klotz, David B. Wexler, Bruce D. Sales, Judith V. Becker
Cognitive Restructuring Through Law: A Therapeutic Jurisprudence Approach To Sex Offenders And The Plea Process, Jeffrey A. Klotz, David B. Wexler, Bruce D. Sales, Judith V. Becker
Seattle University Law Review
At the University of Arizona, we hope to develop a series of studies that will ultimately examine a variety of empirical issues relating to the law and plea process with respect to sex offenders. These studies arise from one particular therapeutic jurisprudence application proposed by David Wexler and Bruce Winick. This Article summarizes the empirical questions raised by Wexler and Winick's theory and suggests how those questions might be empirically analyzed.
Confronting Violence: In The Act And In The Word, David Boerner
Confronting Violence: In The Act And In The Word, David Boerner
Seattle University Law Review
In this Symposium Article, the author narrates his experience as a member of the Task Force to create Washington’s Sexually Violent Predator Civil Commitment Law.
The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks
The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks
Seattle University Law Review
This Article will address four major substantive constitutional and moral challenges to the Washington Sexually Violent Predator statute. The first is that the statute provides for unacceptable preventive detention contrary to American tradition and law. The second is that the terminology used to identify the mental condition of sexually violent predators is vague and meaningless, resulting in inaccurate and unfair applications and lacking in uniformity. The third objection is that the treatment program necessarily relies on a false assumption that efficacious treatment is available and argues that without efficacious treatment the statute must fail. Fourth, the confinement involved, which theoretically …
The Community Protection Act And The Sexually Violent Predators Statute, Norm Maleng
The Community Protection Act And The Sexually Violent Predators Statute, Norm Maleng
Seattle University Law Review
In this Symposium Article, former prosecutor Norm Maleng discusses his experience with The Community Protection Act and Washington’s Sexually Violent Predator Law.
The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing
The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing
Seattle University Law Review
What are the principles that guide this return to indeterminacy? Taken at face value, rehabilitation would seem to be the goal of the civil commitment provisions that make avail- able a treatment program to cure and reintegrate sexual offenders. Of course, rehabilitation was unequivocally rejected by determinate sentencing reformers, who considered it both discriminatory and ineffective.6 An alternative interpretation is that the sexual predator provisions lead in an incapacitative direction-that is, they are designed to predict which offenders are so dangerous that they must be more or less permanently institutionalized to protect the society. Either way, the sexual predator legislation …
Sexual Predator Law—The Nightmare In The Halls Of Justice, Robert C. Boruchowitz
Sexual Predator Law—The Nightmare In The Halls Of Justice, Robert C. Boruchowitz
Seattle University Law Review
In this Symposium Article, the author discusses his experience as a defense attorney with Washington’s Sexually Violent Predator Act, RCW 71.09.060.
Sources Of Security, Julie Shapiro
Sources Of Security, Julie Shapiro
Seattle University Law Review
The fixable problems relating to the specifics of the stat- ute thus do not raise the hardest questions that a statute like this one presents precisely because they are fixable. If I agreed that the general idea of the statute was a good one, I still might find the specifics of this statute unacceptable. But I would be able to propose an acceptable statute that accomplished the same basic purpose. Thus, although the specifics of this statute are of enormous importance to the legal questions pending in the courts and to those who must litigate under the statute, the specifics …
Sexual Violence, Sanity, And Safety: Constitutional Parameters For Involuntary Civil Commitment Of Sex Offenders, Beth Keiko Fujimoto
Sexual Violence, Sanity, And Safety: Constitutional Parameters For Involuntary Civil Commitment Of Sex Offenders, Beth Keiko Fujimoto
Seattle University Law Review
This Comment will address two questions: (1) whether the Washington law is substantially similar to or fundamentally different from the Illinois statute; and (2) whether the Washington statute should be upheld as a constitutional exercise of the state's civil commitment authority under Allen v. Illinois. This Comment argues that the Washington scheme is fundamentally different from the Illinois statute under Allen because it is essentially a lifetime preventive detention scheme and therefore fails to meet the constitutional requirements set forth in Allen. To that end, Part II of this Comment generally explores the involuntary commitment of sex offenders, …
The Doctrine Of Lesser Included Offenses, Kyron Huigens
The Doctrine Of Lesser Included Offenses, Kyron Huigens
Seattle University Law Review
This Article attempts to bring the early lesser included offense cases back to life, to uncover the origins and deeper logic of the doctrine, and to re-introduce the older, elegant solutions to the doctrine’s central problems back into current practice. With regard to the first part of State v. Workman’s two-pronged standard, this Article explores the innate wisdom of the classic elements test and a failed attempt to supplant it and then proposes changing it. With regard to the second prong, this Article proposes a wholesale replacement of the current formulation on the ground that it is fundamentally flawed. This …
Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz
Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz
Seattle University Law Review
This Comment briefly discusses how Washington’s malicious harassment statute should be interpreted in light of the recent United States Supreme Court case R.A.V. v. City of St. Paul. Because the issues of overbreadth and vagueness are of imminent importance, to Washington’s statute, the majority of this Comment focuses on an analysis of those issues Both issues are discussed in terms of the specific crime of cross burning with the intent to intimidate or harass as proscribed by Section (1) of Washington’s malicious harassment statute. Finally, because the real harms minority victims of hate crimes experience, this Comment argues that Washington’s …
Sexual Predators: Mental Illness Or Abnormality? A Psychiatrist's Perspective, James D. Reardon, M.D.
Sexual Predators: Mental Illness Or Abnormality? A Psychiatrist's Perspective, James D. Reardon, M.D.
Seattle University Law Review
In this Symposium Article, the author discusses Washington’s Sexually Violent Predator Act, RCW 71.09.060, from a psychiatrist’s perspective.
A Psychiatric Perspective On Washington's Sexually Violent Predators Statute, Robert M. Wettstein, M.D.
A Psychiatric Perspective On Washington's Sexually Violent Predators Statute, Robert M. Wettstein, M.D.
Seattle University Law Review
This Article will critique Washington's Community Protection Act from the perspective of a clinical and forensic psychiatrist. Part II of the Article will address and examine problems with the statute's definitions and consider some of the problems in conducting evaluations of proposed sexual predators. Part III will then discuss some of the many difficulties inherent in providing treatment under the statute. Part IV will review the potential abuses, costs and risks to the participants presented by the statute. Finally, Part V will focus on the ethical issues in providing expert medical testimony pursuant to the statute.
Limits On The State's Power To Confine "Dangerous" Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis
Limits On The State's Power To Confine "Dangerous" Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis
Seattle University Law Review
This Article does not attempt a complete analysis of all the constitutional implications of Foucha,nor does it attempt to provide a definitive answer to the question of the constitutionality of Washington's sexual predator statute. Rather, because Foucha addressed important due process and equal protection questions relevant to the Washington statute, the Article is an attempt to analyze the case's basic constitutional holdings and discussion on the issue of state deprivation of physical liberty.
So What's In A Name? A Rhetorical Reading Of Washington's Sexually Violent Predators Act, J. Christopher Rideout
So What's In A Name? A Rhetorical Reading Of Washington's Sexually Violent Predators Act, J. Christopher Rideout
Seattle University Law Review
In this Article, I will examine this socially constitutive function of narratives in the enactment of Washington State's Sexually Violent Predators Act.'0 This Act is a prime recent example of how social narratives-in this case, narratives of violence, pain, and outrage-lie behind the official language of the law. As Winter would point out, narrative was the vehicle that prompted legal change. The question for this Article, however, is what happens once the story has been recast into another form, here that of a statute? How well do the immediacy of the details and the authorial voice of the story lend …
Proceedings Under Washington's New Statutory Scheme Providing For The Indefinite Involuntary Commitment Of Sexually Violent Predators Are Civil, Not Criminal, In Nature, Timothy Michael Blood
Proceedings Under Washington's New Statutory Scheme Providing For The Indefinite Involuntary Commitment Of Sexually Violent Predators Are Civil, Not Criminal, In Nature, Timothy Michael Blood
Seattle University Law Review
In this Symposium Article, the author discusses the constitutional importance of classifying Washington’s Sexually Violent Predator Act, RCW 71.09.060, as a civil commitment and not a criminal sanction.