NCJ Number
67563
Date Published
1980
Length
38 pages
Annotation
IN CALIFORNIA, PERSONS JUDGED TO BE 'MENTALLY DISORDERED SEX OFFENDERS' CAN BE SENTENCED TO A PSYCHIATRIC FACILITY INSTEAD OF PRISON; ALL WRITTEN DOCUMENTS FOR 113 CASES WERE EXAMINED TO DETERMINE HOW SUCH JUDGMENTS ARE MADE.
Abstract
THE CASES REPRESENTED ALMOST THE TOTAL MENTALLY DISORDERED SEX OFFENDER (MDSO) CASELOAD IN SAN DIEGO DURING THE PERIOD, OCTOBER 1976 TO JUNE 1977. OF THESE CASES, 33 (29 PERCENT) HAD NO DIAGNOSTIC LABEL ATTACHED, 33 WERE LABELED 'ANTISOCIAL,' 30 WERE LABELED 'SEXUAL DEVIATION,' AND 17 CASES RECEIVED A VARIETY OF LABELS. IN VIRTUALLY ALL OF THE 66 CASES (58 PERCENT) IN WHICH THE DIAGNOSIS WAS EITHER 'ANTISOCIAL PERSONALITY' OR THERE WAS NO PSYCHIATRIC EVALUATION, THE DEFENDANT RECEIVED A NON-MDSO EVALUATION AND WAS REMANDED BACK TO THE TRIAL JUDGE. ONLY 2 SUCH CASES WENT TO THE MENTAL HOSPITAL. HOWEVER, 70 PERCENT OF THOSE JUDGED TO BE SEXUAL DEVIATES RECEIVED MDSO DESIGNATION AND MOST OF THOSE WHO RECEIVED MISCELLANEOUS DIAGNOSES WITH SEXUAL DEVIATION IMPLICATIONS (SUCH AS PAEDOPHILIA) ALSO WERE ADJUDGED MDSO. THUS, THE PSYCHIATRIC DIAGNOSIS WAS HIGHLY PREDICTIVE OF THE COURT'S ACTION. THESE STATISTICS ARE BROKEN DOWN IN DETAIL AND THE CHARACTERISTICS ASSOCIATED WITH EACH DIAGNOSIS ARE ANALYZED TO DEVELOP A MODEL OF THE TYPICAL MSDO CASES. IN GENERAL, THOSE WITH A HISTORY OF REPEATED SEX OFFENSES ARE MORE LIKELY TO BE CONSIDERED MDSO. TWO APPENDIXES DETAIL THE STUDY METHODOLOGY. REFERENCES ARE INCLUDED.