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NCJ Number: 69406 Find in a Library
Title: SEX OFFENDERS AND THE SENTENCING PROCESS (FROM NEW DIRECTIONS IN SENTENCING, P 235-241, 1980, BY BRIAN A GROSMAN - SEE JCN-71049)
Author(s): A K GIGEROFF
Date Published: 1980
Page Count: 7
Sponsoring Agency: Butterworth
Scarborough, Ontario M1P 451, Canada
Sale Source: Butterworth
2265 Midland Avenue
Scarborough, Ontario M1P 451,
Canada
Language: English
Country: Canada
Annotation: A DISCUSSION OF SEX OFFENSE TRIALS CONCLUDES THAT THE COURTROOM MAY NOT BE A SUITABLE SETTING FOR JUST DECISIONS ON SEX OFFENSES, AS INDICATED BY THE GROWING NUMBER OF CASES BEING DIVERTED FROM THE COURTS.
Abstract: THE TRIAL AND SENTENCING PROCESSES IN A COURTROOM CANNOT BE SEPARATED, SINCE TRIAL EVENTS INEVITABLY INFLUENCE THE SENTENCING OUTCOME--PARTICULARLY THE TRIAL OF A SEX OFFENDER. THE ABILITY TO CONTINUE TO THINK FREELY AND DISPASSIONATELY AS THE SEX OFFENSE TRIAL UNFOLDS IS A PROBLEM FACED BY LAWYERS AND JUDGES, AS WELL AS OTHER TRIAL PARTICIPANTS. THE AGGRESSIVE PRESENCE OF THE PRESS, THE VOYEURISM OF THE PUBLIC, THE INVOLVEMENT OF CHILDREN IN CASES OF CHILD MOLESTATION, AS WELL AS OTHER TYPES OF SEXUAL DEVIANCE, ARE ALL RECOGNIZED AS DISTURBING ELEMENTS BY THE PRESIDING JUDGE. THE ADVERSARY PROCEDURE OF THE COURTROOM ALSO MAKES IT AN INAPPROPRIATE SETTING FOR DECISIONS ABOUT SEX OFFENSES. THE GROWING RECOGNITION THAT COURTS ARE ILL-EQUIPPED TO HANDLE THE TOTAL SITUATION OF A SEX OFFENSE HAS RESULTED IN DIVERTING CASES AWAY FROM THE COURTROOM TO RAPE DISTRESS CENTERS AND OTHER FORMS OF TREATMENT, SOMETIMES UNDER THE THREAT OF PUNISHMENT UNLESS THE ACCUSED PERSON CONSENTS. THE GRADUAL WITHDRAWAL OF THE COURTS AND THE LAW FROM DEALING WITH SEX OFFENSES IS REINFORCED BY THE OFTEN DIRE CONSEQUENCES FOR THE CONVICTED SEX OFFENDER IN A PRISON SETTING. A PLEA IS MADE FOR INCREASED UNDERSTANDING OF HUMAN SEXUALITY SO THAT THE SEX OFFENDER CAN BE JUDGED WITHOUT PREJUDICE. ONE NOTE IS INCLUDED.
Index Term(s): Judicial diversion; Right to fair trial; Rights of the accused; Sentencing reform; Sentencing/Sanctions; Sex offenders; Sex offenses; Trial procedures
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=69406

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