'Whoever Fights Monsters Should See to it that in the Proces She Does Not Become a Monster': Hunting the Sexual Predator with Silver Bullets-Federal Rules of Evidence 413-415-And a Stake Through the Heart-Kansas v. Hendricks

Abstract:     
This Article explores how the creation of the "sexual predator" as a legal and quasi-psychological concept raises critical questions about our criminal justice and mental health systems. This involves exploration of the origin and evolution of the classification of certain criminal suspects and defendants as sexual predators and the response by legislators and the courts. The first part of the analysis examines the impetus and legislative history of Federal Rules of Evidence 413-415. The second part explores the first sexual predator case from the Supreme Court (Kansas v. Hendricks) which upheld the constitutionality of the Kansas Sexually Violent Predators Act. Finally, the Article reviews existing psychiatric and psychological studies to reveal that there is no consistent reliable empirical evidence to support the core factual, legal, and psychological assumptions that underlie the very concept of a sexual predator and concludes that these new laws and cases instead reflect a legislative and judicial reaction to the demonization of one type of violence.

Working Paper Series