Sexually violent predator
Encyclopedia
In the United States
, sexually violent predator (SVP) laws permit states or the federal government to (indefinitely) confine someone already in custody
, after the sentence
has been completed, if the person has a "mental abnormality" or personality disorder
and who is likely to engage in sexual offenses if released. In many states, the legal test for "mental abnormality" is weaker than that for mental illness
. State laws of this kind are commonly called Sexually Violent Predator Act (SVPA), most famously that of Kansas
, which was the first one to be upheld as constitutional by the US Supreme Court in a 5-4 decision in 1997—Kansas v. Hendricks
. Another term used is sexually dangerous person (SDP), in particularly in the 2006 federal Adam Walsh Child Protection and Safety Act
.
Although review provisions are a part of many SVP statutes, petitions for release rarely succeed. SVP statutes generally have three requirements:
Some U.S. states have laws designating certain criminals as sexually violent predators, thus allowing these offenders to be held in state run in-custody mental institutions after their sentence is complete if they are adjudicated to be a risk to the public. The first sexually violent predator law in the U.S. was the "Community Protection Act of 1990" passed in the state of Washington. As of 2011, twenty states have passed Sexually Violent Predator legislation, and the legislation has also been upheld on the federal level in U.S. v. Comstock (2010).
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, sexually violent predator (SVP) laws permit states or the federal government to (indefinitely) confine someone already in custody
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...
, after the sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
has been completed, if the person has a "mental abnormality" or personality disorder
Personality disorder
Personality disorders, formerly referred to as character disorders, are a class of personality types and behaviors. Personality disorders are noted on Axis II of the Diagnostic and Statistical Manual of Mental Disorders or DSM-IV-TR of the American Psychiatric Association.Personality disorders are...
and who is likely to engage in sexual offenses if released. In many states, the legal test for "mental abnormality" is weaker than that for mental illness
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
. State laws of this kind are commonly called Sexually Violent Predator Act (SVPA), most famously that of Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
, which was the first one to be upheld as constitutional by the US Supreme Court in a 5-4 decision in 1997—Kansas v. Hendricks
Kansas v. Hendricks
Kansas v. Hendricks is a case in which U.S. Supreme Court set forth procedures for the indefinite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality.-Fact of case:...
. Another term used is sexually dangerous person (SDP), in particularly in the 2006 federal Adam Walsh Child Protection and Safety Act
Adam Walsh Child Protection and Safety Act
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers and mandates that Tier 3 offenders update their whereabouts every three months with lifetime...
.
Although review provisions are a part of many SVP statutes, petitions for release rarely succeed. SVP statutes generally have three requirements:
- an underlying convictionConvictionIn law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
for a sexually violent crimeSexual violenceSexual violence occurs throughout the world, although in most countries there has been little research conducted on the problem. Due to the private nature of sexual violence, estimating the extent of the problem is difficult...
, or conduct that would be a crime, (not needed in the Adam Walsh Child Protection and Safety ActAdam Walsh Child Protection and Safety ActThe Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers and mandates that Tier 3 offenders update their whereabouts every three months with lifetime...
) - a "mental abnormality" or personality disorder, often pedophiliaPedophiliaAs a medical diagnosis, pedophilia is defined as a psychiatric disorder in adults or late adolescents typically characterized by a primary or exclusive sexual interest in prepubescent children...
, and - that the offender be likely to reoffend unless confined in a secure facility.
Some U.S. states have laws designating certain criminals as sexually violent predators, thus allowing these offenders to be held in state run in-custody mental institutions after their sentence is complete if they are adjudicated to be a risk to the public. The first sexually violent predator law in the U.S. was the "Community Protection Act of 1990" passed in the state of Washington. As of 2011, twenty states have passed Sexually Violent Predator legislation, and the legislation has also been upheld on the federal level in U.S. v. Comstock (2010).
See also
- California Proposition 83 (2006)California Proposition 83 (2006)Proposition 83 of 2006 was a statute enacted by 70% of California voters on November 7, 2006, authored by State Senator George Runner and State Assemblywoman Sharon Runner...
- RecidivismRecidivismRecidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
- Sex offenderSex offenderA sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
- Sexual predatorSexual predatorThe term sexual predator is used pejoratively to describe a person seen as obtaining or trying to obtain sexual contact with another person in a metaphorically "predatory" manner. Analogous to how a predator hunts down its prey, so the sexual predator is thought to "hunt" for his or her sex partners...
- Smith v. DoeSmith v. DoeSmith v. Doe, , was a court case in the United States which questioned the constitutionality of the Alaska Sex Offender Registration Act's retroactive requirements. Under the Act, any sex offender must register with the Department of Corrections or local law enforcement within one business day of...
, 538 U.S. 84 (Supreme Court of the United StatesSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, 2003) - United States v. ComstockUnited States v. ComstockUnited States v. Comstock, 560 U.S. ___ was a decision by the Supreme Court of the United States, which ruled that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody...
Literature
- La Fond, John Q. und Winick, Bruce J. (eds.): Protecting society from sexually dangerous offenders: law, justice, and therapy. American Psychological AssociationAmerican Psychological AssociationThe American Psychological Association is the largest scientific and professional organization of psychologists in the United States. It is the world's largest association of psychologists with around 154,000 members including scientists, educators, clinicians, consultants and students. The APA...
, 2003.
External links
- Washington Department of Social and Health Services informational page on SVPs
- Colorado Division of Criminal Justice SVP assessment screening guidelines
- California SVP law ruled constitutional
- Capcentral.org
- Google Books
- Dailykos.com
- Civil Commitment of Sexually Dangerous Persons CRS Report for Congress, July 2007