NCJ Number
174868
Journal
Prosecutor Volume: 32 Issue: 3 Dated: May/June 1998 Pages: 20-21-41
Date Published
1998
Length
17 pages
Annotation
This article attempts to familiarize prosecutors with the general principles under sexually violent predator statutes
Abstract
The US Supreme Court's decision in Kansas v. Hendricks upheld the constitutionality of Kansas's Sexually Violent Predator (SVP) statute and opened the door for other States to pass similar legislation. Current SVP statutes require that the offender must have been charged with or convicted of a sexually violent offense and be scheduled for release from incarceration; must be diagnosed as having a mental condition specified under the statute; and the diagnosed condition must make the offender substantially likely to engage in further sexual offenses if released. The state must prove in a jury or court trial, usually beyond a reasonable doubt, that the criteria have been met. The statutes also specify various procedural mechanisms, which vary dramatically among the States. Critical issues for prosecutors include: Resource Management; Dealing With Current Offenders; Procedural Concerns, Discovery, Confidentiality and Privilege; Constitutional and Other Statutory Challenges; The Evaluation Process and Expert Testimony; and Victim Considerations. Notes