U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

COMMITMENT OF SEXUAL PSYCHOPATHS AND THE REQUIREMENTS OF PROCEDURAL DUE PROCESS

NCJ Number
34393
Journal
Fordham Law Review Volume: 44 Issue: 5 Dated: (APRIL 1976) Pages: 923-949
Author(s)
P SULLIVAN
Date Published
1976
Length
27 pages
Annotation
EXAMINATION OF STATE PROCEDURES FOR THE COMMITMENT OF SEX OFFENDERS IN LIGHT OF CONSTITUTIONAL REQUIREMENTS OF PROCEDURAL DUE PROCESS.
Abstract
THE METHODS BY WHICH STATES ATTEMPT TO BALANCE THEIR INTERESTS AGAINST INDIVIDUAL RIGHTS ARE DISCUSSED. THE STATES ARE DIVIDED INTO THREE BASIC CATEGORIES ACCORDING TO PROCEDURES FOR PSYCOPATHIC COMMITMENT. THESE ALTERNATIVE SENTENCE COMMITMENTS WHICH MAKE COMMITMENT MANDATORY IN LIEU OF A JAIL SENTENCE AFTER CONVICTION FOR A SEX-RELATED CRIME, SPECIAL PROCEEDING COMMITMENTS WHICH ALLOW COMMITMENT PROCEEDINGS TO BEGIN AFTER ACCUSATION OR CONVICTION FOR A SEX CRIME, AND MISCELLANEOUS STATUTES INCLUDING COMMITMENT ONLY AFTER THE MANDATORY SENTENCE HAS BEEN SERVED. THE AUTHOR IDENTIFIES SPECIAL PROCEEDING COMMITMENT AS THE CATEGORY SHOWING THE MOST POTENTIAL FOR ADEQUATE DUE PROCESS RIGHTS BECAUSE OF EQUAL PROTECTION AND CRIMINAL CLASSIFICATION PROCEDURAL SAFEGUARDS INCLUDED IN THE STATUTES.

Downloads

No download available

Availability