Abstract

http://ssrn.com/abstract=1264088
 
 

References (26)



 
 

Citations (2)



 


 



The Function of Punishment in the 'Civil' Commitment of Sexually Violent Predators


Kevin M. Carlsmith


Colgate University - Psychology Department

John Monahan


University of Virginia School of Law

Alison Evans


affiliation not provided to SSRN

September 5, 2008

Behavioral Sciences & the Law, Vol. 25, pp. 437-448, 2007

Abstract:     
Two experiments find that support for civil commitment procedures for sexually violent predators is based primarily upon the retributive rather than incapacitative goals of respondents. Two discrete samples composed of students (N = 175) and jury-eligible citizens (N = 200) completed experimental surveys assessing their support or opposition to scenarios in which a sexual predator was to be released after completing his criminal sentence. Respondents were sensitive to likelihood of recidivism only when the initial sentence was sufficiently punitive. When initial sentence was lenient, respondents strongly supported civil commitment without regard to future risk. Results are discussed in light of the U.S. Supreme Court's ruling in Kansas v. Hendricks (1997) on the constitutionality of civil commitment laws for sexually violent predators.

Number of Pages in PDF File: 12

Keywords: civil commitment, retribution, retributive justice, incapacitation, punishment motives

Accepted Paper Series


Download This Paper

Date posted: September 30, 2008 ; Last revised: June 16, 2010

Suggested Citation

Carlsmith, Kevin M. and Monahan, John and Evans, Alison, The Function of Punishment in the 'Civil' Commitment of Sexually Violent Predators (September 5, 2008). Behavioral Sciences & the Law, Vol. 25, pp. 437-448, 2007. Available at SSRN: http://ssrn.com/abstract=1264088

Contact Information

Kevin M. Carlsmith (Contact Author)
Colgate University - Psychology Department ( email )
13 Oak Drive
Hamilton, NY 13346
United States
HOME PAGE: http://www.colgate.edu/DesktopDefault1.aspx?tabid=684&pgID=3400&vID=3&dID=0&fID=4213
John Monahan
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
434-924-3632 (Phone)

Alison Evans
affiliation not provided to SSRN ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 1,074
Downloads: 149
Download Rank: 110,576
References:  26
Citations:  2

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.297 seconds