Shaming the Constitution: The Detrimental Results of Sexual Violent Predator Legislation

by Michael L. Perlin, Heather Ellis Cucolo

Overview

Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy.

The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws.

In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.

Product Details

ISBN-13:	9781439912928
Publisher:	Temple University Press
Publication date:	03/24/2017
Edition description:	1
Pages:	344
Product dimensions:	5.90(w) x 8.90(h) x 1.00(d)

About the Author

Michael L. Perlin is Professor Emeritus of Law at New York Law School, where he was Founding Director of the International Mental Disability Law Reform Project, and is Co-founder of Mental Disability Law and Policy Associates.  Heather Ellis Cucolo is an Adjunct Professor of Law at New York Law School and Co-founder of Mental Disability Law and Policy Associates.

Table of Contents

Acknowledgments ix

1 Introduction 1

2 The Key Factors 11

3 History of Sexual Offender Laws 17

4 Confounders 65

5 At Trial 89

6 Treatment of Sexual Offenders in Special Facilities 117

7 International Perspectives 142

8 Therapeutic Jurisprudence and Conclusion 159

Notes 173

Index 303

Editorial Reviews

"Shaming the Constitution is a tour de force. Richly documented, the book describes, analyzes, interprets, and critiques our sex offender laws through multiple lenses. With standout sophistication and depth, the authors interweave law with social and behavioral sciences to lay the foundation for a scathing critique of current policy, advancing the public discourse especially by their discussions of international and comparative law and therapeutic jurisprudence. This book is a must-read for policy makers, advocates, judges, and students of sexual violence prevention." —Eric S. Janus, Professor of Law and former President and Dean, Mitchell Hamline School of Law

From the Publisher