NCJ Number
16080
Journal
Crime and Delinquency Volume: 20 Issue: 2 Dated: (APRIL 1974) Pages: 135-143
Date Published
1974
Length
9 pages
Annotation
DISCUSSION OF THE CONSTITUTIONALITY OF MARYLAND'S DEFECTIVE DELINQUENCY LAW, WHICH IDENTIFIES CHRONIC CRIMINALS WHO ARE DANGEROUS TO SOCIETY AND PROVIDES FOR THEIR TREATMENT THROUGH INDETERMINATE DETENTION.
Abstract
THE PROVISIONS OF THE 1951 DEFECTIVE DELINQUENCY LAW ARE REVIEWED BRIEFLY. COURT FINDINGS IN TWO SEPARATE CASES ARE QUOTED WHICH UPHOLD THE CONSTITUTIONALITY OF THIS MARYLAND STATUTE. THE ISSUES DISCUSSED INCLUDE LIMITS OF THE STATUTORY DEFINITION OF DEFECTIVE DELINQUENT, THE CIVIL COMMITMENT ASPECT OF THE LAW, THE INDETERMINATE SENTENCE PROVISION, AND THE CONTENTION THAT COMMITMENT TO PATUXENT CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT. ALSO DISCUSSED IS WHETHER PATUXENT DOES, IN FACT, FURNISH TREATMENT FOR TREATABLE DEFECTIVE DELINQUENTS.