Evaluating the Non-Communicative Defendant

Community Notification,
Risk Assessment, and
Civil Commitment of
Sex Offenders
Sexually Violent Predator
Statutes
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Earl Shriner (1989)
Washington became the first state to
enact the second generation of Sexually
Violent Predator (SVP) statutes
Kansas v. Hendricks
Kansas v. Hendricks
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1997
5 to 4 USSC split
Convicted of Child
Molestation five times in
Kansas
Agreed that he was a
pedophile
Stated that only death would
prevent him from committing
additional sex crimes
Sexually Violent Predator
Statutes (Cont.)
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Civil Commitment
Indeterminate Sentences
32 states have SVP statutes on the books
or are in the process of enacting this type
of commitment law
Expensive Commitment
Sexually Violent Predator
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Curtis Shane Thompson
Was adjudicated a SVP
in Washington
Was released by a jury
Committed additional
crimes after release
from his civil
commitment
Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Program
Jacob Wetterling
Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration
Program
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The Federal Government requires states to keep
a list of their sex offenders or risk losing their
federal crime prevention funding.
Lifelong registration in some cases.
Addresses have to be verified every 90 days.
All states currently have registry system in place.
By the mid-1990s over 185,000 sex offenders
were registered (Lieb et al., 1998).
Depends on the state; however, the registry is
often set up in a tiered fashion.
Registration and Community
Notification
Registration and Community
Notification
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Megan’s Law
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Multiple ways the information can be
disseminated.
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States were mandated to release information from
the sex offender registry to the public as deemed
necessary to protect the public.
Yard signs
Bumper stickers
Community meetings
Internet
Has withstood numerous legal challenges.
No hard data yet exists for or against community
notification.
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For
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Community Notification
Lets citizens know who is living in their neighborhood.
Can help parents/guardians protect their children.
Law enforcement has provided anecdotal evidence as
to its effectiveness.
Against
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Creates a false sense of community security
Discourages offenders from seeking help
Wastes funds
Vigilantism
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Little evidence to suggest physical violence.
Ostracism
Innocent victims (family members)
Information may not be accurate
Registration and Community
Notification
Forensic Psychologists & Sex
Offenders
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Conduct SVP evaluations
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Determine existence of a “mental disorder”
Assess risk to reoffend
Assess appropriateness for
probation/parole
Assess level of risk for degree of
community notification
Provide sex offender specific treatment in
both correctional and community settings
Risk Assessment of Sex
Offenders
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Risk assessment is controversial
Clinical prediction alone is inferior to other
methods
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Psychological maladjustment, low self-esteem,
history of being sexually abused as a child,
and denial of one’s offense are not related to
recidivism.
Risk Assessment of Sex
Offenders
(What appears to work…at least to some extent)
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History
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Sexual Deviance
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Past behavior is the best predictor of future
behavior.
Extrafamilial or complete strangers, victims
much younger than the perpetrator, & male
victims.
Treatment Compliance
Risk Assessment of Sex
Offenders
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Substance Abuse
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Mixed results
Psychopathology
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Not just Antisocial Personality Disorder (APD)
Good predictor for future violence & future sexual
violence
More typical for rapists than child molesters
Some indication that psychopathic offenders become
“worse” with sex offender treatment
Instruments/Tools Used in Risk Assessment
& Treatment of Sex Offenders
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Actuarial Instruments
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Violence Risk Appraisal Guide (VRAG)
Sex Offender Risk Appraisal Guide
(SORAG)
Rapid Risk Assessment for Sex Offense
Recidivism (RRASOR)
STATIC-99
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Static-99
Revised
Instruments/Tools Used in Risk Assessment
& Treatment of Sex Offenders (Cont.)
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Psychopathy Checklist-Revised PCL-R
Penile Plethysmograpy
Polygraph
Team Supervision (Approach/Collateral
Information)
Abel Assessment for Sexual Interest