This document discusses characteristics of psychopathic behavior and sex offenders, as well as laws related to civil commitment of sex offenders. It provides details on criteria for civil commitment, including requiring a mental abnormality or disorder that causes difficulty controlling violent sexual behavior. Research suggests genetics and brain abnormalities may contribute to psychopathy. The document also examines arguments for and against civil commitment, noting the goal of preventing recidivism while addressing issues like high costs and lack of oversight in some programs.

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.

7. › 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.

8. › 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.

9. 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.

10. 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”.

11. 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.

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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

13. › 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.

14. › 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.

15. › 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.

17. 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%...

18. 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.

19. 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.

20. › 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.

21. › 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.

22. 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