After He Found California’s Indefinite Detention of Sex Offenders Wasn’t Working, the State Shut Him Down and Destroyed His Research

Psychologist Jesus Padilla was forbidden to complete research that could have set many indefinitely committed people free. He died with the work unfinished. By: STEVEN YODER | FROM THE APRIL 2020 ISSUE of Reason.com — In late 2006, a public defender went before a Napa County judge to argue for his client’s freedom. Rex McCurdy, a 49-year-old man, had been detained for seven years at Atascadero State Hospital under a 1995 California law authorizing “civil commitment” of people who have been convicted of sex offenses, a practice that keeps them confined long after they have completed their sentences. In 1983,…

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Abolish Pre-crime in Minnesota

Pre-crime is dystopian science fiction. No one should be imprisoned for imaginary future crimes. But right now, Minnesota is warehousing 731 individuals in a prison masquerading as a treatment facility — for what they might do in the future.

Hopelessness pervades this system, where men are detained indefinitely, outside the traditional protections of the criminal law, with little prospect of release. Legal scholars have likened Minnesota’s system of pre-crime preventative detention to a “domestic Guantanamo Bay.” The British High Court has called it a “flagrant denial” of human rights. These shadow prisoners are 8 times more likely to leave in a body bag than to ever be set free.

The price tag to taxpayers is $110 million per year. The cost in terms of human lives is unspeakably tragic. And the threat to American values of liberty and due process is real.

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Civil Commitment: ‘Excuse me, your honor, some judicial maturity, please?’ (Part III)

Part I   Part II   Part III BY EARL YARINGTON  Whether we are addressing the war on drugs, violence, gun violence, child sex abuse, or civil commitment, our lawmakers don’t want to fix these problems. It is understandable and necessary to protect children and the vulnerable, but the data show that our lawmakers, our justice system is failing badly but still moving at lightning speed to permanently punish and lock up anyone whose sexual interest is determined to be abnormal. For many in law enforcement, the intention was to protect children, but our ignorance of sexuality and the serious study of it…

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Civil commitment and the courts’ historic march toward genocide (Part II)

Part I   Part II   Part III BY EARL YARINGTON Part II will take a different turn, as I wait for sources to respond to me on court decisions. I ask the reader to take this long and troubling trip with me. I need to break with the fine form and clarity of journalism. There will be a  Part III. My apologies, but sometimes journalism must be comprehensive at the cost of being concise. Here we will address the troubling myth-building those in power do for personal gain, and the danger mischaracterization and misunderstanding bring to jeopardizing our democratic republic. Such could…

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Civil Commitment and the destruction of human rights (Part 1)

Part I   Part II   Part III BY EARL YARINGTON · DECEMBER 30, 2019  A few years ago, I wrote an article on a blog. It was more an experiment, a testing ground. The website was “Criticl.” It was mainly a political site that supported the legalization of marijuana and of Bernie Sanders becoming president. I wrote that there are two ways our government (local, state, federal) is attempting to limit the Constitution: the fear of terrorism and child pornography law. It may be understandable to hate terrorists and sex offenders, but, you know, the devil is in the details. Who exactly is a…

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What Effect Does Treatment Have on Sex Offense Recidivism — Experts Domestic & Abroad Sound Off

The below came from “The Legal Pad” Volume 3, Issue 12, (December 10, 2019) pp. 7-8 published by Cyrus P. Gladden, II from the gulag in Moose Lake, Minnesota.   I.  The View in the U.S.: There is no scientific consensus or clear evidence that sex offender treatment has any significant impact on sex crime recidivism     Anne R. Izzi, “Constitutional Law – The Cage a Fetish Can Build: Proposed Legislative Reform for Civil Commitment Procedures in Sexually Violent Predator Laws,” 39 Western New England Law Review 141, at pp. 145-46 (2017), states:  …[T]he facilities that do offer treatment are not…

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Inside NACDL: Sex Offender Laws Run Amok

When America’s politicians latch on to a “law and order” issue, watch out! Their capacity to demagogue an issue, exploit public fears, and enact draconian legislation is limitless. We saw this with the war on drugs1 and the war on terrorism. And now we see it with the proliferation of sex offender laws that impose far-reaching collateral consequences. They are often based on myth and emotion, unsupported by empirical research and broadly applied, and are indifferent to the facts of the particular case. Last month, The Champion reported that NACDL’s recent affiliate survey disclosed that 58 percent of the respondents…

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Going For Wins in Sexually Violent Predator Cases

By Allen Frances, MD July 8, 2011 During the past year, I have been involved as an expert witness for the defense in 14 SVP cases (tried in California, Washington, and Iowa). My role has been to clarify what is meant by the wording of the Paraphilia section in DSM-IV. And it certainly does badly need explaining. The DSM-IV Paraphilia section is written far too imprecisely to meet the high standard of precision needed in a legal context. This is because DSM-IV was written primarily for clinicians– not for lawyers, judges, forensic evaluators, and juries. I wish we had done…

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