NCJ Number
76114
Date Published
1977
Length
55 pages
Annotation
Canadian dangerous sexual offender (DSO) legislation should be repealed, according to this evaluation, because it provides for the indefinite confinement, which is legally unjust and based upon unfounded psychiatric premises.
Abstract
An overview of Canadian legislative activity in the area of DSO codes is presented. Judicial interpretation of the statutes since the initiation of the law in 1948 is examined. Striking differences between the substantive law and the law in action, especially the indifference with which the Canadian court deals with the civil liberties of the offender, is noted. The status of DSO legislation and judicial procedure in the United States is also examined. The paper notes that judicial policy of the last 2 decades has somewhat slowed the proliferation of indeterminate involuntary civil commitment, but public fear of violent behavior, in addition to legislative and judicial conservatism, has negated the liberal and reformist voices. An examination of the psychiatric prognoses of DSO shows that such prognoses are inaccurate in more than 50 percent of the cases and that no uniform standards of prediction exist. It is concluded that indefinite suspension of liberty cannot be justified, given the present status of psychiatric prognosis. Thus, the legislation must be repealed, especially since the stipulations for maximum incarceration under other sections of the code are adequate to deal with the sexual offender. Statistical data, 91 footnotes, and over 100 references are included.