Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Guardrails On The Information Superhighway: Supervising Computer Use Of The Adjudicated Sex Offender, Brian W. Mckay Sep 2003

Guardrails On The Information Superhighway: Supervising Computer Use Of The Adjudicated Sex Offender, Brian W. Mckay

West Virginia Law Review

No abstract provided.


Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins May 2003

Sex Offender Registration And Community Notification Laws: Will These Laws Survive?, Kimberly B. Wilkins

University of Richmond Law Review

No abstract provided.


Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner Jan 2003

Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner

Scholarly Articles

This article addresses a paradigmatic risk-based collateral sanction, the so-called civil confinement. In contrast to many other collateral sanctions, it does not follow automatically but is judicially imposed following a hearing. In Hendricks v. Kansas (1997) the Supreme Court specifically upheld involuntary confinement following a criminal justice sentence for a sexually violent predator. The Kansas statute mandated confinement based on an assessment of dangerousness which had to result from a mental abnormality. Once it characterized the sanction as civil, the Court concluded that procedural protections traditional in the criminal context, such as double jeopardy, do not apply. The narrow majority …


Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner Jan 2003

Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner

Fordham Urban Law Journal

This article addresses civil commitment of sexually predatory offenders. It first outlines the most common American approaches to controlling sexual offenders, then details the German concept of Sicherungsverwahrung and greater state control, and finally proposes adopting a modified German approach that assures proportionality and public safety without sacrificing individual liberties. The article concludes by arguing that criminal penalties and safety-based detention should both be seen as elements of social control, which requires that safety measures with clearly punitive components be recognized as part of the punishment process.


Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies Jan 2003

Community Supervision Of Sex Offenders -- Integrating Probation And Clinical Treatment, Michael J. Jenuwine, Ronald Simmons, Edward Swies

Articles by Maurer Faculty

No abstract provided.