A Backdoor Around Double Jeopardy

  The original sin of so-called “sex offender civil commitment” laws is that they were never meant to be “nonpunitive”. Legal scholars, civil libertarians, and human rights defenders, have challenged the prison-length nature of these carceral institutions. Many of these opponents to systems of pre-crime preventative detention focused on how these laws have been applied in practice to impose de facto life sentences on those who have already repaid their debt to society.  The following quote comes from a state report published two years before the first so-called sex offender “civil commitment” law was passed in the United States and…

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U.S. sex offense policy: The next “surveiller et punir”

Presentation summary The legacy of the 40-year-long sex panic in the U.S. is a vast regime of draconian penalties and “management” of “sex offenders” – a category including anyone from consensual teen lovers to armed rapists. Along with long prison sentences, the sex offender registry, and restrictions on residency, work, recreation, travel, and family life, a crucial element of the regime is “sex offender treatment.” Based on the notion that “sexual offending” is a unique, incurable disorder, which must be “contained” to protect the community, especially children, from predation, such treatment is anything but therapeutic. It is coercive, moralistic, often…

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“Death Sentence” — Across U.S., COVID-19 takes a hidden toll behind bars

COVID-19 is spreading rapidly in U.S. jails and prisons, but testing of inmates and staff remains spotty and many confirmed cases are going unreported. The resulting lack of data has deep implications for the fight against the virus, because prison outbreaks can move easily to surrounding communities. By PETER EISLER, LINDA SO, NED PARKER and BRAD HEATH Filed May 18, 2020, 11 a.m. GMT When COVID-19 began tearing through Detroit’s county jail system in March, authorities had no diagnostic tests to gauge its spread. But the toll became clear as deaths mounted. First, one of the sheriff’s jail commanders died; then, a deputy in a…

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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

Author: Norman Reimer 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…

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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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