English
Français
Deutsch
Español
;
Dangerous Diagnoses, Risky Assumptions, and the Failed Experiment of 'Sexually Violent Predator' Commitment;
Oklahoma Law Review,
Jun 11 2014
In the 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that presented a new model of civil commitment. The targets of these new commitment laws were dubbed “Sexually Violent Predators,” and the Court upheld this form of indefinite detention on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty is appropriate and legitimate, with the aid of testimony from mental health professionals.
This Article evaluates the extent to which those assumptions were correct and concludes that they were seriously flawed and, therefore, the due process rationale used to uphold the SVP laws is invalid. The category of the “Sexually Violent Predator” is a political and moral construct, not a medical classification. The implementation of the laws has resulted in dangerous distortions of both psychiatric expertise and important legal principles, and such distortions reveal an urgent need to re-examine the Supreme Court’s core rationale in upholding the SVP commitment experiment.
In the 1997 opinion, Kansas v. Hendricks, the U.S. Supreme Court upheld a law that presented a new model of civil commitment. The targets of these new commitment laws were dubbed “Sexually Violent Predators,” and the Court upheld this form of indefinite detention on the assumption that there is a psychiatrically distinct class of individuals who, unlike typical recidivists, have a mental condition that impairs their ability to refrain from violent sexual behavior. And, more specifically, the Court assumed that the justice system could reliably identify the true “predators,” those for whom this unusual and extraordinary deprivation of liberty is appropriate and legitimate, with the aid of testimony from mental health professionals.
This Article evaluates the extent to which those assumptions were correct and concludes that they were seriously flawed and, therefore, the due process rationale used to uphold the SVP laws is invalid. The category of the “Sexually Violent Predator” is a political and moral construct, not a medical classification. The implementation of the laws has resulted in dangerous distortions of both psychiatric expertise and important legal principles, and such distortions reveal an urgent need to re-examine the Supreme Court’s core rationale in upholding the SVP commitment experiment.
;
Whores of the Court: The Fraud of Psychiatric Testimony and The Rape Of American Justice;
352 pp.,
Feb 01 1997
In this provocative and well-researched book, Margaret Hagen, Ph.D, reveals how expert psychological testimony is a total fraud, showing how the courts have increasingly embraced not a cutting-edge science but, instead, a discipline that represents a terrifying retreat into fantasy and hearsay; a discipline propelled by powerful propaganda, arrogance, and greed. Dr. Hagen sounds a clarion wake-up call, offering some startling – and much-needed – recommendations about how we can reclaim our own ability to judge and supplying vital advice on how we can protect ourselves from the ravages of psychological testimony in our own lives. “A damning indictment of the psychologizing – and undermining – of the American legal system. With righteous wrath and devastating wit, this sweeping critique should stir national debate.” Publishers Weekly
This book is freely available for download.
In this provocative and well-researched book, Margaret Hagen, Ph.D, reveals how expert psychological testimony is a total fraud, showing how the courts have increasingly embraced not a cutting-edge science but, instead, a discipline that represents a terrifying retreat into fantasy and hearsay; a discipline propelled by powerful propaganda, arrogance, and greed. Dr. Hagen sounds a clarion wake-up call, offering some startling – and much-needed – recommendations about how we can reclaim our own ability to judge and supplying vital advice on how we can protect ourselves from the ravages of psychological testimony in our own lives. “A damning indictment of the psychologizing – and undermining – of the American legal system. With righteous wrath and devastating wit, this sweeping critique should stir national debate.” Publishers Weekly
This book is freely available for download.
;
DSM-5 Proposals for Paraphilias: Suggestions for Reducing False Positives Related to Use of Behavioral Manifestations;
Archives of Sexual Behavior;
39(6), 1239–1244,
Aug 10 2010