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Prevention versus punishment: toward a principled distinction in the restraint of released sex offenders

Article Abstract:

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.

Publisher: Harvard Law Review Association
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
Analysis, Sex offenders, Punishment, Crime prevention, states

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Making pedophiles take their medicine: California's chemical castration law

Article Abstract:

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.

Author: Smith, Kathryn L.
Publisher: William S. Hein & Co., Inc.
Publication Name: In the Public Interest
Subject: Law
ISSN: 0148-7531
Year: 1998
United States, Usage, Child sexual abusers, Castration, Depo-Provera (Contraceptive)

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Subjects list: Laws, regulations and rules
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