Competence to proceed in SVP commitment hearings: Irrelevant or fundamental due process right?

Fanniff, Amanda M.; Otto, Randy K.; Petrila, John

doi:10.1002/bsl.957

Cited by 5 publications

(2 citation statements)

References 53 publications

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“…The petitioner must prove that the individual has a mental abnormality or disorder that makes them likely to engage in future acts of sexual violence. In most jurisdictions that have civil commitment laws for sexual offenders, juveniles who were convicted in criminal court are subject to a SVP petition, and in several states, juveniles who have been adjudicated delinquent in juvenile court for a sexual felony offense are subject to an SVP petition (Fanniff, Otto, & Petrila, 2010). Although the wording of the statutes varies, to meet the commitment standard the individual typically must pose a risk for future sexual violence of greater than 50% (Winick & LaFond, 2003).…”

mentioning

confidence: 99%

Accuracy of Sexually Violent Person Assessments of Juveniles Adjudicated for Sexual Offenses

Caldwell

2013

Sex Abuse

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This study reviewed the records of 198 juveniles who were committed to secured custody after being adjudicated delinquent for a sexually violent offense that qualified them for possible commitment under a Sexually Violent Person's (SVP) civil commitment law. For an individual to be committed, the statute requires that the individual have a qualifying mental disorder and is "likely," to commit a future act of sexual violence. Each youth was screened by at least two expert examiners in a two-step process. Fifty-four of the youth were found to meet the commitment criteria in an initial examination and were subject to an SVP petition. The remaining 144 were screened out. Subsequent criminal charges were collected over a 4.97-year mean follow-up. The results showed that the prevalence rates for general sexual offending and felony sexual offending did not differ between youth who were screened out and those who were subject to a petition. Among petitioned youth, 11.76% were charged with a new sexual offense including 9.80% who were charged with a felony sexual assault. By comparison, 17.36% of the youth that were screened out were charged with a sexual offense including 13.19% who were charged with a felony sexual assault, a nonsignificant difference.

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confidence: 99%

Accuracy of Sexually Violent Person Assessments of Juveniles Adjudicated for Sexual Offenses

Caldwell

2013

Sex Abuse

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“…Most recently, in United States v. Comstock (2010), SCOTUS upheld the federal SVP commitment scheme pursuant to the Necessary and Proper Clause in the face of a challenge that the law fell outside the scope of Congress’ enumerated powers. Notwithstanding SCOTUS’s approval of these laws, they are the subjects of much ongoing debate, with arguments pertaining to the nature of punishment, the proper roles of preventative detention versus rehabilitation, the correctness of SCOTUS’s constitutional analyses, and the practical consequences of SCOTUS’s holdings (Carlsmith, Monahan, & Evans, 2007; Fanniff, Otto, & Petrila, 2010; Lave, 2011; Petrila, 2008).…”

Section: Sexually Violent Predator (Svp) Laws As Contextmentioning

confidence: 99%

Disputed paraphilia diagnoses and legal decision making: A case law survey of paraphilia NOS, nonconsent.

King

Wylie

Brank³

et al. 2014

Psychology, Public Policy, and Law

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Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred almost exclusively in adult sexually violent predator cases, increased substantially over the past decade, with cases in 3 states accounting for over 2/3 of the total observed prevalence rate. In the majority of cases examined in detail, the support that evaluators relied upon in making the diagnosis was either not clearly described or behaviorally inferential in nature, and the diagnosis was often accompanied by other mental and personality disorder diagnoses. An opposing expert was observed in more than half of the cases, approximately 1/3 of whom noted the debate surrounding the diagnosis and nearly 2/3 of whom opined that there was insufficient evidentiary support for the diagnosis in the case at bar. Finally, all courts that reached the issue of the admissibility of the diagnosis between

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Risk and Outcomes: Are Adolescents Charged with Sex Offenses Different from Other Adolescent Offenders?

Fanniff

Schubert

Mulvey

et al. 2016

J Youth Adolescence

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Juveniles who have committed sexual offenses are subject to specialized treatment and policies based on their assumed unique dangerousness, despite contradictory evidence. Limited information is available regarding risk factors and their relationships to outcomes in this population. The comparative frequency and predictive utility of empirically supported risk factors for general delinquency were examined using data from the Pathways to Desistance study. Adolescent males who committed sexual offenses (n = 127) were compared to adolescent males who committed non-sexual offenses (n = 1021). At the start of the study, the sample ranged in age from 14 to 18 (M = 16.00, SD = 1.12) and self-identified as primarily African American (44 %), Latino (29 %), or White (25 %). Outcomes were measured over 7 years and included general and sexual recidivism, involvement in school and work, and positive relationships with peers and adults. The results indicated a few small differences in the presence of risk factors and their relationship to outcomes, with many similarities. Juveniles who have committed sexual offenses had equivalent general recidivism but higher sexual recidivism, though this rate was low (7.87 %, or 10 of the 127 adolescents who had committed sexual offenses). New clinical and policy approaches may be needed given the similarities between groups.

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Competence to proceed in SVP commitment hearings: Irrelevant or fundamental due process right?

Cited by 5 publications

References 53 publications

Accuracy of Sexually Violent Person Assessments of Juveniles Adjudicated for Sexual Offenses

Accuracy of Sexually Violent Person Assessments of Juveniles Adjudicated for Sexual Offenses

Disputed paraphilia diagnoses and legal decision making: A case law survey of paraphilia NOS, nonconsent.

Risk and Outcomes: Are Adolescents Charged with Sex Offenses Different from Other Adolescent Offenders?

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