NCJ Number
17687
Journal
Southern California Law Review Volume: 48 Issue: 2 Dated: (NOVEMBER 1974) Pages: 489-570
Date Published
1974
Length
82 pages
Annotation
AFTER REVIEWING BIOTECHNICAL RESEARCH WHICH COULD RESULT IN DEVELOPMENT OF TESTS TO IDENTIFY PERSONS BEARING ORGANIC CORRELATES OF VIOLENT BEHAVIOR, THIS NOTE STUDIES THE CONSTITUTIONALITY OF MASS APPLICATION OF THESE TESTS.
Abstract
RESEARCH ON POSSIBLE BIOCHEMICAL, NEUROBIOLOGICAL, AND GENETIC CORRELATES OF VIOLENT BEHAVIOR IS BRIEFLY SUMMARIZED, AND METHODOLOGICAL PROBLEMS IN CONSTRUCTING TESTS FOR DETERMINING ORGANIC PREDISPOSITIONS TO VIOLENT BEHAVIOR ARE DISCUSSED. ASSUMING THAT A RELATIVELY ERROR-FREE TEST CAN BE CONSTRUCTED, THIS NOTE THEN EXAMINES THE CONSTITUTIONALITY OF A MASS SCREENING PROGRAM TO IDENTIFY THOSE PERSONS PREDISPOSED TO VIOLENT BEHAVIOR, AND THE CONSTITUTIONALITY OF THREE POSSIBLE APPLICATIONS OF THE TEST RESULTS - COERCED TREATMENT, PREVENTIVE CONFINEMENT, AND SURVEILLANCE. THE AUTHOR ARGUES THAT WHILE A MASS SCREENING PROGRAM COULD POSSIBLY PASS CONSTITUTIONAL SCRUTINY, ALL THREE OF THE PROPOSED APPLICATIONS OF THE TEST RESULTS WOULD BE UNCONSTITUTIONALLY ONEROUS UPON PROTECTED VALUES, AND THUS WOULD FAIL THE COMPELLING STATE INTEREST TEST WHICH REQUIRES THE STATE TO DEMONSTRATE THAT NO ALTERNATIVES LESS ONEROUS EXIST TO MEET ITS COMPELLING INTEREST IN CRIME CONTROL AND PROTECTION OF PUBLIC SAFETY.