Prevention versus punishment: toward a principled distinction in the restraint of released sex offenders
Judicial scrutiny of state statutes that restrict the rights or released sex offenders should adopt a more principled means of assessing whether the statute is impermissibly punitive or is merely an acceptable method of regulating to prevent future harm. Courts addressing this issue have looked to legislative intent, state interests and excessiveness. The more appropriate method of analysis should recognize that no specific characteristics of a statute are inherently punitive or preventative, and all inquiries should be aware of the constitutional and societal context of the statute.
Publication Name: Harvard Law Review
Making pedophiles take their medicine: California's chemical castration law
The theories regarding the causes of pedophilia and how society should respond to the problem are discussed. Legal issues surrounding a California law requiring chemical castration of some pedophiles are analyzed.
Publication Name: In the Public Interest
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