NCJ Number
34393
Journal
Fordham Law Review Volume: 44 Issue: 5 Dated: (APRIL 1976) Pages: 923-949
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.