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Criminal Law

Mitchell Hamline School of Law

Faculty Scholarship

Series

Sex offenders

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus Jan 2020

Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus

Faculty Scholarship

How can it be that in the era in which almost one million Americans are on sex offender registries—most of whom are publicly stigmatized on websites, banished from their homes, shunned from their jobs, prevented from uniting with their families and traveling internationally, forced into homelessness, all of which increases their risk for suicide, and shames their spouses and children, even if their offenses occurred long in the past—that the #MeToo movement would explode, revealing widespread sexual misconduct against women, by powerful men, protected by iconic institutions? How can we have had three decades of the most aggressive, “spare-no-expense” laws …


Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus Jan 1997

Sex Offender Commitments: Debunking The Official Narrative And Revealing The Rules-In-Use, Eric S. Janus

Faculty Scholarship

Sex offender commitment laws present courts with a difficult choice: either allow creative efforts to prevent sexual violence or enforce traditional constitutional safeguards constraining the power of the state to deprive citizens of their Iiberty. Three state supreme courts have deflected this hard choice while upholding sex offender commitment schemes. As part of their ""official narrative"" that legitimizes sex offender commitments, the courts claim that society can have prevention and still maintain the primacy of the criminal justice system. This narrative neutralizes the conflict in values by claiming that sex offender commitments are just like mental illness commitments, a small, …


Toward A Conceptual Framework For Assessing Police Power Commitment Legislation, Eric S. Janus Jan 1997

Toward A Conceptual Framework For Assessing Police Power Commitment Legislation, Eric S. Janus

Faculty Scholarship

Recent litigation and scholarship have begun to focus on the substantive limits of the state's power to use civil commitment as a social control tool. Courts and commentators describe civil commitment as grounded on two powers of the state: the parens patriae interest and the police power. This Article seeks an analytical framework for defining the boundaries of police power commitments in which justification rests on the interests of the public rather than on the interests of the committed individual.