Civil confinement
Encyclopedia
Civil confinement is a controversial procedure permitted by a law passed in New York
, advocated by the former governor, Eliot Spitzer
, allowing the civil commitment of sex offender
s because they are deemed by a court
to be a danger to themselves or to society. One political commentator on the topic has said, "When the most dangerous sexual predator
s are due to leave prison ... officials can revoke their freedom and toss them into mental hospital
s indefinitely." Essentially, "Civil confinement permits the state to transform a criminal sentence with a specified duration into an indeterminate life sentence." Others argue in favor of the procedure, including one commentator who has advocated its use in the case of a 100-year-old child molester out on bail after serving a life sentence.
While certainly not without some controversy, at least 20 states have recently passed laws allowing civil confinement, one of which was ruled constitutional by the Supreme Court of the United States
. However, the court recently reversed itself in the same case, Kansas v. Crane
. A recent ruling has been interpreted that, "States will have to show that the offenders have a mental illness
that causes a lack of control over their own behavior." In Kansas v. Crane (2002), the court ruled that absent a finding of a nearly complete lack of self control
, a sex offender may not be committed after he has served his sentence.
that causes a lack of control
over their own behavior." Absent a finding of lack of control, there cannot be a commitment of a sex offender.
A sexual predator
seeks out harmful situations, and has lost control, while a sexual offender is a category of criminals who has committed a crime in the past.
who wish to make a civil confinement must institute committal proceedings by a petition to a court of competent jurisdiction. The standard of proof is generally clear and convincing evidence, which is lower than beyond a reasonable doubt
, yet higher than probable cause
. The person being committed has the Miranda rights that apply to him or her in such proceedings.
A judge hearing a petition for civil confinement must consider several elements or factors, including who may or may not be confined, how much must be proven with what evidence
, lack of control, risk of harm to the community generally or to particular persons or classes of persons, and the likelihood of recidivism
.
The very first case to be tried under the New York state civil confinement law was Douglas Junco who previously served almost 15 years in a New York prison for attempted rape in a 1992 case. Under New York civil confinement law, a jury ruled he suffered no mental problems and was not a threat, allowing him to go free in August 2007.
He was arrested on rape charges among other charges about six months later and subsequently sentenced to life plus 50 years.
Most recently, December, 2010 a level 3 sex offender, Keith Dare, was arrested on suspicion of a violent rape of a 21 year old woman in Albany, New York. He too was previously released after being deemed mentally stable by a civil confinement jury.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, advocated by the former governor, Eliot Spitzer
Eliot Spitzer
Eliot Laurence Spitzer is an American lawyer, former Democratic Party politician, and political commentator. He was the co-host of In the Arena, a talk-show and punditry forum broadcast on CNN until CNN cancelled his show in July of 2011...
, allowing the civil commitment of sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
s because they are deemed by a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
to be a danger to themselves or to society. One political commentator on the topic has said, "When the most dangerous sexual predator
Sexual predator
The term sexual predator is used pejoratively to describe a person seen as obtaining or trying to obtain sexual contact with another person in a metaphorically "predatory" manner. Analogous to how a predator hunts down its prey, so the sexual predator is thought to "hunt" for his or her sex partners...
s are due to leave prison ... officials can revoke their freedom and toss them into mental hospital
Mental Hospital
Mental hospital may refer to:*Psychiatric hospital*hospital in Nepal named Mental Hospital...
s indefinitely." Essentially, "Civil confinement permits the state to transform a criminal sentence with a specified duration into an indeterminate life sentence." Others argue in favor of the procedure, including one commentator who has advocated its use in the case of a 100-year-old child molester out on bail after serving a life sentence.
While certainly not without some controversy, at least 20 states have recently passed laws allowing civil confinement, one of which was ruled constitutional by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. However, the court recently reversed itself in the same case, Kansas v. Crane
Kansas v. Crane
Kansas v. Crane, is a United States Supreme Court case in which the Court upheld the Kansas Sexually Violent Predator Act as consistent with substantive due process. The Court clarified that its earlier holding in Kansas v...
. A recent ruling has been interpreted that, "States will have to show that the offenders have a mental illness
Mental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
that causes a lack of control over their own behavior." In Kansas v. Crane (2002), the court ruled that absent a finding of a nearly complete lack of self control
Self control
Self control is the ability to control one's emotions, behavior and desires in order to obtain some reward later. In psychology it is sometimes called self-regulation...
, a sex offender may not be committed after he has served his sentence.
Purposes, elements, and factors
The current standard is that "the offenders have a mental illnessMental illness
A mental disorder or mental illness is a psychological or behavioral pattern generally associated with subjective distress or disability that occurs in an individual, and which is not a part of normal development or culture. Such a disorder may consist of a combination of affective, behavioural,...
that causes a lack of control
Self control
Self control is the ability to control one's emotions, behavior and desires in order to obtain some reward later. In psychology it is sometimes called self-regulation...
over their own behavior." Absent a finding of lack of control, there cannot be a commitment of a sex offender.
A sexual predator
Sexual predator
The term sexual predator is used pejoratively to describe a person seen as obtaining or trying to obtain sexual contact with another person in a metaphorically "predatory" manner. Analogous to how a predator hunts down its prey, so the sexual predator is thought to "hunt" for his or her sex partners...
seeks out harmful situations, and has lost control, while a sexual offender is a category of criminals who has committed a crime in the past.
Committal proceedings
AuthoritiesGovernment
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
who wish to make a civil confinement must institute committal proceedings by a petition to a court of competent jurisdiction. The standard of proof is generally clear and convincing evidence, which is lower than beyond a reasonable doubt
Reasonable doubt
Proof beyond a reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems . Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard...
, yet higher than probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
. The person being committed has the Miranda rights that apply to him or her in such proceedings.
A judge hearing a petition for civil confinement must consider several elements or factors, including who may or may not be confined, how much must be proven with what evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
, lack of control, risk of harm to the community generally or to particular persons or classes of persons, and the likelihood of recidivism
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
.
The very first case to be tried under the New York state civil confinement law was Douglas Junco who previously served almost 15 years in a New York prison for attempted rape in a 1992 case. Under New York civil confinement law, a jury ruled he suffered no mental problems and was not a threat, allowing him to go free in August 2007.
He was arrested on rape charges among other charges about six months later and subsequently sentenced to life plus 50 years.
Most recently, December, 2010 a level 3 sex offender, Keith Dare, was arrested on suspicion of a violent rape of a 21 year old woman in Albany, New York. He too was previously released after being deemed mentally stable by a civil confinement jury.
See also
- Kansas v. HendricksKansas v. HendricksKansas v. Hendricks is a case in which U.S. Supreme Court set forth procedures for the indefinite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality.-Fact of case:...
- Sex offender registrationSex offender registrationSex offender registration is a system in various states designed to allow government authorities to keep track of the residence and activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions , information in the registry is made available to the...
- Preventive detentionPreventive detentionPreventive detention is an imprisonment that is not imposed as the punishment for a crime, but in order to prevent a person from committing a crime, if that person is deemed likely to commit a crime....