Alice Alverio- Civil Commitment Of Sex Offenders-

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Characteristics of the Sex Offenders

Characteristics of the Sex Offenders

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  • 1. Alice Alverio JUS-307 Dr. Collica
  • 2. › Characteristics of the Sex Offenders – Civil Commitment › Sex Offenders Crimes & Public Safety › Prisons & Popularity & Violent Offenders › Law & Causes – Victims and Consequences
  • 3. › What leads an individual to commit a crime, without fear or compassion? › The principal inescapable characteristics in the psychopathic personalities are the lack of emotions, and feelings capacity toward others. › The only purpose of a psychopath is to feed his emptiness from the suffering of their victims. › The biological factor, genetic, and the childhood experience including the environmental structure of the individual can affect in the psychopathic behavior which in time all elements factors of psychosis develops a psychopath.
  • 4. Scientific research does not yet truly understand how genes and psychopathy intersect. However, psychopathy research indicates that genetics may cause an "emotional dysfunction" in some individuals, which puts them at "a greater risk of developing" psychopathy. Pedophilic perpetrators showed a significant decrease of right amygdala volume (located at the limbic system, where all humans emotions relies), compared with healthy controls, which explain the lack of conscience.
  • 5. › Adult psychopaths have deficits in emotional processing and inhibitory control, engage in morally inappropriate behavior, and generally fail to distinguish moral from conventional violations. › The combination of "deficits in moral knowledge . . . coupled with poor inhibitory control [(impulsive behavior)], leads to morally inappropriate behavior. › On the other hand, other researchers theorize that psychopaths have "normal patterns of moral judgments," but they simply do not care. However, "a burgeoning body of brain imaging evidence" now links brain deficits with antisocial and violent behavior. › Researchers hypothesize that "abnormalities to multiple brain mechanisms contribute to the behavioral, cognitive, and emotional characteristics that make up the psychopath. › Scientists suspect that abnormalities in "the prefrontal cortex, temporal cortex, the amygdala-hippocampal complex, the corpus callosum, and the angular gyros" of the brain may predispose an individual to psychopathy.
  • 6. › Some researchers suggest that psychopaths "fail to become socialized primarily because of a genetic peculiarity, usually a peculiarity of temperament." In other words, a psychopath's genetic temperament does not allow him to become socialized, "not because of a lack of socializing experience but . . . because of some inherent psychological peculiarity which makes him especially difficult to socialize. › " This "innate peculiarity" of the psychopath results in indifference "to the probability of punishment for his actions. › "Pedophilic perpetrators show structural impairments of brain regions critical for sexual development. These impairments are not related to age, and their extent predicts how focused the scope of sexual offenses is on uniform pedophilic activity. Subtle defects of the right amygdala and closely related structures might be implicated in the pathogenesis of pedophilia and might possibly reflect developmental disturbances or environmental insults at critical periods.
  • 7. › In sum, psychopaths lack "internal codes," maintain "unconventional attitudes about ethics and morality," react with callousness and remorselessness, and hold an "egocentric view of the world." They are "dominant, forceful, arrogant, . . . deceptive," and impulsive. Their need to take "advantage of any situation that arises" combined with their lack of a conscience "creates a potent formula for crime. Psychopaths "live in the moment," and do not contemplate the consequences of their actions.
  • 8. Some circumstances civil commitment is authorized under state or federal statutes. Person who present danger to themselves or others because of mental health problems or sexual predators histories are among those for whom statutory, civil commitment is authorized. The list of crimes that define “sexually violent acts” are a small number of sexual crimes that are unique compared with what other state list. “Sexual contact with a corpse” “Living off or sharing earnings of a minor prostitute” “Incestuous marriage” “Disseminating to a minor matter harmful to a minor” “Possession of child pornography”. These lists of crimes define “sexually violent acts” serve two purposes within each law both of which are relevant to the commitment criteria. The subject must have committed and been convicted for one or more of the stated acts to be eligible for commitment based on his legal statues.
  • 9. The other purpose is to define the types of acts that set the parameters for the person’s assessed risk. Concerning the former purpose, virtually all of the sex offender civil commitment law take into consideration that plea bargains can change the title of a crime for which the person is ultimately convicted. The term “sexual violence” is therefore additionally defined in virtually all jurisdictions (except California and of course North Dakota) with specified acts that have resulted in a conviction for any of certain nonsexual charges where the underlying behavior involved a sexual condition. Specifically, the crime for which the person was ultimately convicted needs to represent an act that was “sexually motivated”.
  • 10. All current sex offender civil commitment statutes include two commitment criteria that effectively require a mental health professional’s assessment and testimony. The first involves a certain type of mental condition. The second requires a specific type of risk. The most commonly devise term of this type in the sex offender civil commitment arena is “mental abnormality”. That term exists in the law of all 20 states. › Typical examples of nonsexual crimes that can be found to be "sexually motivated” are murder and kidnapping. › Sexual Motivation is typically defined in one of to ways, exemplified by Florida’s wording (one of the purposes for which the defendant committed the crime was for sexual gratification). › For evaluators assessing risk, this segment of definitions of sexual violence does not alter the types of acts of importance, but simply serves as acknowledgment that the criminal justice system does not need to prosecute sexually criminal acts with a sexual charge for the act to be considered relevant.
  • 11. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Arizona California Florida Illinois Iowa Kansas Massachusetts Minnesota Missouri Nebraska New Hampshire New Jersey New York North Dakota Pennsylvania South Carolina Texas Virginia Washington Wisconsin
  • 12. › In addition, the Adam Walsh Child Protection and Safety Act of 2006 authorized the federal government to institute a civil commitment program for federal sex offenders. › Typically, these laws provide a legal mechanism for the confinement of a limited number of adult sexual offenders in a secure treatment facility after incarceration when a court determines they are likely to engage in future acts of sexual violence. › Proponents argue that such provisions offer an important community protection safeguard by incapacitating a high risk subgroup of sex offenders. › In addition, civil commitment can provide opportunities for these individuals to receive treatment interventions that may reduce their potential to derivate upon release to the community particularly offenders for whom specialized treatment was not available in the prison setting.
  • 13. › The otherwise rather generically defined mental condition must show a specific type of connection to sexual offending based on this phrase. This connection is not necessarily in terms of the likelihood for acting on a desire (though potentially overlapping the issue of likelihood), but rather that the diagnosed condition is directly (at least partially) responsible for the subjects drive toward sexual offending. › Person who present danger to themselves or others because of mental health problems or sexual predator histories are among those for whom statutory, civil commitment is authorized. › All states have mental health laws that authorize involuntary, short-term mental observation (often called “MOing”) of persons with mental illness.
  • 14. › These emergency procedures permit a law enforcement officer or a physician to place a person in a mental health facility who exhibits sign of a mental illness and who poses a danger to that person or others. Most state statutes require only that the person seeking commitment has a reasonable belief the person to be committed is potentially dangerous. › The initial commitment based on such a belief is usually for only 24 or 48hours. If during that time the person is found to be mentally ill and dangerous, longer detentions for observation and treatment can be made. Longer commitments require a court order, and under most state statutes the person seeking commitment must prove mental illness and potential for violence beyond a reasonable doubt.
  • 15. Persons convicted of sexual offenses and who continue to pose a danger of sexual crimes after release from prison can be detained indefinitely for treatment. Sex offenders are a serious threat in this nation… When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault…The rate of recidivism (repeat offenders) of treated sex offenders is fairly consistently estimated to be around 15%, whereas the rate of recidivism of untreated (sex) offenders has been estimated to be as high as 80%...
  • 16. In United States v. Comstock, 130 S. Ct. 1949 (2010), the U.S. Supreme Court again affirmed that the detention of mentally ill, sexually dangerous prisoner; 1. Had previously committed sexually violent acts or child molestation; 2. Currently was suffering from a serious mental illness, abnormality or disorder, and 3. As a result of the mental illness or disorder, the person is dangerous to others and if released would have serious difficulty in restraining from sexually violent conduct or child molestation.
  • 17. The chart showed about 9% of the population fits the profile of psychopath, and male psychopaths are 9 times more common than female psychopaths. But there are some things to keep in mind here. When most people think of 'sociopath' they typically think 'male' and 'serial killer'. They do not generally think of women psychopaths. This can lead to a situation where they are dealing with a psychopath in their life but do not realize who they are dealing with.
  • 18. › The Association for the treatment of sexual abusers (ATSA) does not take a position either in favor of or opposed to the use of civil commitment for sexual offenders. › However, ATSA believes that jurisdictions choosing to implement such legislation should do so in a careful manner consistent with relevant research and bet practices in assessing, treating, and managing sexual offenders. › ATSA suggests that if a state cannot meet the following recommendations, then the state should not institute laws providing for the civil commitment of sexual offenders. › The Association for the Treatment of Sexual Abusers is an international, multidisciplinary organization dedicated to preventing sexual abuse. Through research, education, and shared learning ATSA promotes evidence based practice, public policy and community strategies that lead to the effective assessment, treatment and management of individuals who have sexually abused or are at risk to abuse.
  • 19. › The program protects society from › Sexual violence is a significant predators. But it has been plagued public health problem in the United by runaway legal costs, a lack of States. In an effort to decrease the financial oversight and layers of incidence of sexual assault, secrecy, The Seattle Times has legislators have passed regulatory found. laws aimed at reducing recidivism among convicted sexual offenders. › As a result, sex offenders living in the United States are bound by multiple policies, including registration, community notification, monitoring via a global positioning system, civil commitment, and residency, loitering, and Internet restrictions.
  • 20. Bibliography Anderson, Gardner. Criminal Evidence. CA: Wadsworth Cengage Learning, 2013. Grinberg, Emanuella. http://www.cnn.com/2011/CRIME/07/28/sex.offender.adam.walsh.act/. n.d. http://bradnehring.files.wordpress.com/2011/04/mp2008104f1.jpg. n.d. http://comedownoffthecross.files.wordpress.com/2012/06/fish.jpg?w=604. n.d. http://seattletimes.com/flatpages/specialreports/civilcommitment/priceofprotection.html. n.d. http://www.rainn.org/get-information/statistics/sexual-assault-offenders. n.d. http://www.victimsofcrime.org/images/statistical-graphs/2013ncvrw_homicide_graph2-600px.jpg?sfvrsn=4. n.d. Kelly K. Bonnar-Kidd, PhD. "http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2820068/." Recidivism, Sexual Offender Laws and Prevention of Sexual Violence . n.d. Mears, Bill. http://www.cnn.com/2010/CRIME/01/12/scotus.sex.offender.law/. n.d. Phillips, Kimberly D. "EMPATHY FOR PSYCHOPATHS: USING fMRI BRAIN SCANS TO PLEA FOR LENIENCY IN DEATH PENALTY CASES." Law & Psychology Review. Prod. School of Law 2013 Copyright University of Alabama. Alabama: University of Alabama, School of Law, 2013. <http://search.proquest.com.ezproxy.library.berkeley.org/docview/1412580676?accountid=38129>. http://www.atsa.com/ Video; http://videos.real.com/v/9jkiju-locked-away-sex-offenders-and-civil-commitment