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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How many are held under “sex offender civil commitment” laws?

Data is important for advocacy.  But shadow prisons are so shrouded in secrecy that no one actually knows how many people are locked away in these “treatment” facilities in the U.S.  Here is a brief look at what we know (or don’t) and why the number that you often see cited is wrong.

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Civil Commitment in New York is Worse Than Prison

Shadow prisoners held for “treatment” at CNYPC in Marcy, NY experience conditions of confinment more explicitly punitive and restrictive than those in the actual prison system in New York. A new letter to state elected officials from people living behind the walls describes the desperation that pervades systems of pre-crime preventative detention in the U.S.  Ever wonder why we at Just Future use the term “shadow prisoners” to refer to people in so-called “sex offender civil commitment” facilities?  Read this letter.

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Letter from men at Central New York Psychiatric Center — effectively stand up for their rights and demand change

The shadow prisoners at the Gulag in Marcy, New York are formally demanding better treatment.  The following letter was sent by a committee of men who are organizing themselves at the Central New York Psychiatric Center.  Just Future applauds their concise articulation of concrete demands coupled with clear citations to the statutory language being violated.  This letter might serve as an example for the people in the other 20 systems of pre-crime preventative detention on how to effectively stand up for their rights and demand change. To: Director DEBORAH McCULLOCH c/o JEFFERY NOWICKI August 1, 2019 From: SOTP RESIDENT LIAISON…

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APA Opposes Civil Commitment of Sex Offenders After Prison

APA’s Board of Trustees approved a task force report on sexually dangerous offenders at its meeting last month in San Diego recommending that psychiatrists vigorously oppose sexual predator laws. Opposing such laws is necessary “to preserve the moral authority of the profession and ensure continuing societal confidence in the medical model of civil commitment,” states the report. The report was written by the Task Force on Sexually Dangerous Offenders, a component of APA’s Council on Psychiatry and Law, which endorsed the report before it went to the Board for action. Paul Appelbaum, M.D., was chair of the council when the…

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Sex Offenders Locked Up on a Hunch

The essence of the American criminal justice system is reactive, not predictive: You are punished for the crime you committed. You can’t be punished simply because you might commit one someday. You certainly can’t be held indefinitely to prevent that possibility. And yet that is exactly what is happening to about 5,000 people convicted of sex crimes around the country. This population, which nearly doubled in the last decade, has completed prison sentences but remains held in what is deceptively called civil commitment — the practice of keeping someone locked up in an institution for months, years or even decades for…

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Letter to the editor in WaPo on reentry for people living on the registry

Persons with sex-related convictions are often deliberately excluded from the reentry picture.  This LTE points that out to the Washington Post and argues that everyone is entitled to a just future.  Kudos to Kirsten Darby for using this important advocacy tool to register her perspective as a member of the community, with the newspaper’s editor. I read with great interest the September 3 article [in the Washington Post] by Tracy Jan documenting the legal hurdles of those formerly incarcerated. I’ve led a faith based prison pen pal ministry for many years and have seen first hand the struggles these men…

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The Endless Punishment of Civil Commitment

The Endless Punishment of Civil Commitment By Guy Hamilton-Smith “Prosecutors can subject those convicted of sexual offense – and sometimes, those with no conviction at all – to an indefinite period of civil punishment at the end of their criminal sentence. In January, Los Angeles County Superior Court Judge James Bianco ruled that after spending nearly two decades detained by the state of California without trial, George Vasquez was a free man. Unlike the 536,000 people held pretrial in the criminal justice system in America, Vasquez, 44, was not being held because he was accused of a crime. Instead, Vasquez…

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