NCJ Number
136539
Journal
Journal of Juvenile Law Volume: 11 Issue: 1 Dated: (1990) Pages: 65-69
Date Published
1990
Length
5 pages
Annotation
This legal article compares the attitudes of California and Texas toward sex offenses committed against children.
Abstract
In California in the People v. Greene case, the defendant was convicted by a jury for molesting two girls under 18 years of age. He was charged with intent to commit rape of one girl and simple assault of the other. After admitting to five prior convictions, the defendant was committed to the hospital as a mentally disordered sex offender. The purpose was to force him to receive treatment which an ordinary penal institution would not provide. In the Abshire v. State of Texas case, the defendant was convicted of fondling and sentenced to 20 years in prison. The defendant appealed to the Court of Criminal Appeals which held that due process did not require a postconviction psychiatric examination for an indigent defendant. The defendant's conviction and sentence were upheld. California's approach emphasized treatment, while Texas employed imprisonment. Regardless of the approach taken to deal with child molesters, they must be removed from society until they no longer pose a danger to children. 26 footnotes