Preventive Detention of Sex Offenders

20 Pages Posted: 21 Jan 2013

See all articles by David J. Gottlieb

David J. Gottlieb

University of Kansas - School of Law

Date Written: January 21, 2002

Abstract

The new generation of sexual predator (SVP) laws, which provide long-term preventive civil confinement of sex offenders, present temptations for our elected representatives and challenges for our courts. During the past generation, society has come to believe that criminal penalties for violent crime or sexual abuse cases have been far too lenient. One predictable, and constitutionally uncontroversial, response has been a general increase in criminal penalties for sex abuse offenses. During the 1980s and 1990s, our State in fact consistently increased such penalties. Because these new laws could only act prospectively, the State faced the additional question of how and whether to respond to inmates already sentenced under previous law. Eventually, our State, like several others, passed an act providing for civil commitment of sex offenders awaiting release from their prison terms.

Suggested Citation

Gottlieb, David J., Preventive Detention of Sex Offenders (January 21, 2002). Kansas Law Review, Vol. 50, No. 1031, 2002, Available at SSRN: https://ssrn.com/abstract=2204521

David J. Gottlieb (Contact Author)

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

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