Subject: l law

Smith, Deirdre M.; 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.

Wakefield, Hollida, & Underwager Ralph; The Alleged Child Victim and Real Victims of Sexual Misuse
Conclusions

The real victims of sexual abuse of children include all of us, because the system we have set up to eliminate abuse of children may be doing more damage than good.

Children may be harmed by the intervention.
Families, including extended family members, may be destroyed.
Grandparents may never see their grandchildren again.
Occupations that involve work with children become suspect: Teachers, preachers, boy scout leaders, big brothers, athletic coaches, day care workers, counselors, mental health professionals, and others are watched suspiciously by a society that asks why they choose to work with children.
Lonely people learn quickly to avoid all friendly actions toward children (Weinbach 1987).
Men learn that in spite of twenty years of rhetoric telling them they can have feelings and be gentle, if they are affectionate with children they can go to prison.
[...]
It must be possible for all who are concerned with reducing the abuse of children to agree cognitively that increasing the accuracy of the process is both desirable and attainable. There is more credible and reliable information now than a few years ago. It is possible now to assert [...]that there is a general consensus in the scientific community about some basic facts. Potentially this information can be used to develop a more accurate and reliable way to make decisions about child sexual abuse which will result in greater protection of abused children and less harm to innocent persons.

Underwager, Ralph, & Wakefield Hollida; Poor Psychology Produces Poor Law; Law & Human Behavior; 16(2), 
Both psychology and law are concerned with human behavior. Law depends upon what everyone knows and believes about human behavior, upon common knowledge. In contrast, psychology distrusts common knowledge and substitutes knowledge based on empirical data systematically gathered and rationally analyzed. This conflict may cause misunderstanding between law and psychology. However, a common ground of both law and psychology is the goal to reduce error.
The authors especially write about children's testimony in court. The APA's and the Supreme Court's demand that a psychologist before a testimony has to predict possible harm for the child, placed the psychologist for an impossible task and a difficult dilemma.
In APA's amicae Curiae letter about this topic, the authors find no evidence, only weak argumentation by means of weak research.

West, Donald J.; The sex crime situation : Deteroration more apparent than real?; European Journal of Criminal Policy and Research; 8, 399-422
Public concern about an escalation of sex crime is unsupported by a critical analysis of official crime statistics in England and Wales. Assumptions about the inveterate recidivism of sex offenders are unconfirmed by follow-up studies. A great variety of behaviours is covered by sex crime, from the grave to the trivial. To the traditional offences of predatory aggressors, violent rapists and a small number of dangerous offenders driven by pathological emotions, are now added date rapes and harassment previously little reported. All sex incidents involving children are widely believed to cause lasting harm, despite evidence to the contrary. Female offenders and boy victims are receiving more attention. Adolescent involvement is insufficiently distinguished from paedophile offences and male homosexuals are suspected of paedophile tendencies. the development of constructive therapeutic approaches is impeded by doubts about efficiency and a punitive ethos. [A]