Risk and the preventive detention of sex offenders in Australia and the United States.
The development of recent statutory schemes, in both the United States and Australia, aim to keep the most dangerous sex offenders detained beyond the expiration of their prison sentence. In Kansas v. Hendricks (1997), the United States Supreme Court found constitutional Sexually Violent Predator (SVP) legislation that allows for the post-sentence, indefinite civil commitment of a subclass of dangerous offenders. More recently, the Australian High Court in Attorney-General (Qld) v. Fardon (2004) similarly upheld the constitutionality of Queensland's Dangerous Prisoners (Sexual Offenders) Act (2003), which allows for the post-sentence preventive detention of sex offenders deemed to be at high risk of serious sexual recidivism. Because an evaluation of a sex offender's likelihood of re-offending is fundamental to these schemes, this article provides an overview of recent advances in the risk assessment literature, discussing base rates of sexual recidivism, the identification of empirically validated risk factors, and the utility of structured risk assessment tools. Although it is recommended that risk assessment measures be utilized to assist the courts in making sound decisions about commitment, the limits of current research knowledge and areas of future research need are discussed.
Mercado
Cynthia Calkins
CC
John Jay College of Criminal Justice, Australia. cmercado@jay.cuny.edu
Ogloff
James R P
JR
D001315:Australia; D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D003617:Dangerous Behavior; D006801:Humans; D011329:Prisoners / Q000331:legislation & jurisprudence* / Q000523:psychology; D018570:Risk Assessment / Q000331:legislation & jurisprudence; D055502:Secondary Prevention; D012742:Sex Offenses / Q000331:legislation & jurisprudence* / Q000517:prevention & control; D014481:United States; D014754:Violence / Q000331:legislation & jurisprudence / Q000517:prevention & control / Q000523:psychology