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Abusing State Power Or Controlling Risk?: Sex Offender Commitment And Sicherungverwahrung, Nora V. Demleitner
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 …
First Peoples, First Principles: The Sentencing Commission's Obligation To Reject False Images Of Criminal Offenders, Nora V. Demleitner
First Peoples, First Principles: The Sentencing Commission's Obligation To Reject False Images Of Criminal Offenders, Nora V. Demleitner
Scholarly Articles
Driven by public concern about sex offenses, in recent years Congress has repeatedly enhanced the penalties for federal sex offenders. In doing so, it has responded to the predominant portrayal of sex offenders as inhuman predators, and heeded the demand of victims rights groups for longer sentences. However, it has failed to consider the special make-up of the sex offender population sentenced in federal court. While only a small number of all sex offenders are sentenced in federal court, over half of them are Native Americans. The culpability and future risk of many Native American sex offenders, however, differs dramatically …
Searching For A Solution: How To Punish, Restrain And Treat Sex Offenders, Nora V. Demleitner
Searching For A Solution: How To Punish, Restrain And Treat Sex Offenders, Nora V. Demleitner
Scholarly Articles
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