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Full-Text Articles in Law

Penal Institutions General Provisions: Change The Provisions Relating To Registration Requirements Applicable To Certain Sex Offenders; Include Additional Offenses Relating To Victims Who Are Minors; Clarify Language For Annual Registration; Revise Language Referring To Registration While Incarcerated; Provide For Annual Photographs Of Offenders; Provide For Exclusions Of Certain Liability In Certain Circumstances, Jena Tarabula Sep 2003

Penal Institutions General Provisions: Change The Provisions Relating To Registration Requirements Applicable To Certain Sex Offenders; Include Additional Offenses Relating To Victims Who Are Minors; Clarify Language For Annual Registration; Revise Language Referring To Registration While Incarcerated; Provide For Annual Photographs Of Offenders; Provide For Exclusions Of Certain Liability In Certain Circumstances, Jena Tarabula

Georgia State University Law Review

The Act updates the regulation requirements for sex offenders. The Act includes additional offenses that require an individual to register with the state, such as possession of child pornography and conspiracy to transport, ship, receive, or distribute child pornography. Further, the Act requires an offender to register (1) within ten days of his release from prison, (2) if the offender changes his address, and (3) within ten days of the anniversary of the original registration. The Act also requires an offender to be photographed every year. Finally, the Act provides that real estate brokers, and their employers, shall not be …


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.


The Tangled Web--Complexities, Fallacies And Misconceptions Regarding The Decision To Release Treated Sexual Offenders From Civil Commitment To Society, Leroy L. Kondo May 2003

The Tangled Web--Complexities, Fallacies And Misconceptions Regarding The Decision To Release Treated Sexual Offenders From Civil Commitment To Society, Leroy L. Kondo

Northern Illinois University Law Review

"When should a treated rapist, child molester or other sexual offender, convicted under a sexually violent predator statute, be released to society?" This question is fraught with multiple levels of complexity in a tangled web of misconceptions, fallacies, myths, and pitfalls reflected in the scientific and legal literature. Several excellent scientific reviews have documented tremendous progress in sexual recidivism research over the past few decades. However, decision-makers (e.g., psychiatrists, psychologists, social workers, judges, juries, district attorneys, public defenders, parole officers, and administrators of both correctional facilities and hospitals) remain confronted with a plethora of conceptual landmines and a morass of …


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 …


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.


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.