The Wiley-Blackwell Handbook of Legal and Ethical Aspects of Sex Offender Treatment and Management

Description

This handbook combines the latest theory on a high-profile, complex subject in criminology, exploring the legal and ethical dimensions of society’s response to sex offenders in jurisdictions from the USA to Japan.

The first publication to offer a detailed and wide-ranging analysis of legal and ethical issues relating to sex offender treatment and management
Covers a range of related issues, from media coverage to equality duties
Presents research from numerous national jurisdictions including the UK, USA, Australia, New Zealand, Canada, Norway, Germany, Netherlands, Japan, and Israel
Includes perspectives from respected leading academics and practitioners, including William Marshall, Tony Ward, Doug Boer, Daniel Wilcox, and Marnie Rice

Cover 2
Title page 6
Copyright page 7
Contents 8
About the Contributors 12
Preface 19
Abbreviations 27
Part One: Treating and Managing Sexual Offender Risk in Context: Legal and Ethical Concerns 30
- 1: Sexual Offenses, Law and Morals: Can Behavior and Attitudes Be Changed by Legal and Moral Efforts? 32
  - Introduction 32
  - Punitive Strategies in Sex Offending Cases 33
  - Sexual Offenses: Statistics and Legal Aspects 34
  - Thirteen Convicted Sex Offenders: Legal and Moral Understanding 35
  - Attitude-Regulating Laws 37
  - Legislation, Moral Signals and Behavior 37

Cover 2
Title page 6
Copyright page 7
Contents 8
About the Contributors 12
Preface 19
Abbreviations 27
Part One: Treating and Managing Sexual Offender Risk in Context: Legal and Ethical Concerns 30
- 1: Sexual Offenses, Law and Morals: Can Behavior and Attitudes Be Changed by Legal and Moral Efforts? 32
  - Introduction 32
  - Punitive Strategies in Sex Offending Cases 33
  - Sexual Offenses: Statistics and Legal Aspects 34
  - Thirteen Convicted Sex Offenders: Legal and Moral Understanding 35
  - Attitude-Regulating Laws 37
  - Legislation, Moral Signals and Behavior 37
  - Why Do We Punish? 39
  - Restorative Justice as a Challenge to the Traditional Understanding of Justice 40
  - The Need for Alternatives to Punitive Strategies 40
  - Future Directions 42
  - Conclusion 44
  - Notes 45
  - References 45
- 2: Human Rights and Sexual Offenders 47
  - Introduction 47
  - Rights and Risk 47
    - Rights: the protection of dignity and the individual 48
    - Risk: the protection of the community 50
  - Applying Rights Protection to Dangerous Sex Offenders 51
    - Sentencing and detention 51
    - Human rights challenges: public protection sentencing in England and Wales 51
    - Human rights challenges and preventative detention in Germany 55
  - Community Protection 56
    - Human rights challenges and the sex offender register in England and Wales 56
    - Human rights challenges and disclosure 59
  - Sex Offender Treatment: Pharmacotherapy 60
    - Human rights challenges to pharmacotherapy 61
  - Conclusion: Finding a Balance? 63
  - References 64
  - Notes 64
- 3: Sex Offenders, Consent to Treatment and the Politics of Risk 67
  - Introduction 67
  - Patients and Prisoners and Convergence between the Psychiatric and Penal Systems (England and Wales) 68
  - Sex Offending and Mental Disorder 70
    - Psychopathic disorder/personality disorder 71
    - Learning disability 72
  - Detention under the Mental Health Act 1983 73
    - “Civil” admission under Part II 73
    - Hospital orders 73
    - Transfer from prison to psychiatric hospital 74
    - Hospital orders with restrictions 74
    - Hybrid orders 76
  - Consent to Treatment and Detained Patients 76
    - Consent to treatment under Part IV of the Mental Health Act 1983 77
    - Surgical implantation of sexual suppressants 78
    - Medicines for mental disorder 79
    - Other treatment for mental disorder 80
    - Appropriate treatment and preventive detention 81
    - Surgical castration 83
  - Control and Treatment in the Community under the Mental Health Act 85
    - Conditional discharge 85
    - Community Treatment Orders (CTOs) 86
  - Conclusion 87
  - References 88
- 4: Special Offender Groups and Equality: A Duty to Treat Differently? 92
  - The Concept of Equality and the Law 92
    - Formal equality in law 93
    - Mainstreaming and equality duties 94
    - Substantive equality in law 94
    - Equality, rights and risk 95
  - Introduction 92
  - Special Offender Groups 97
    - Ethnic minority/indigenous sex offenders 97
    - Female sex offenders 99
    - Juvenile sex offenders 101
    - Disability: intellectually disabled sex offenders 102
  - An Equality Duty: United Kingdom 103
    - Possible impact on sexual offender treatment and management 104
    - Legal challenge 105
  - Conclusion 106
  - Notes 108
  - References 108
- 5: Expert Evidence, Ethics and the Law 111
  - Introduction 111
  - Admissibility of Expert Evidence 112
    - Expert evidence of witness credibility 113
    - Reliability of expert evidence 117
  - Ethical and Legal Duties of Expert Witnesses 118
    - Objectivity 118
    - Transparency 119
  - Conflicts of Duty: “Wearing Two Hats” 121
    - Confidentiality and patient records 122
  - Acknowledgment 124
  - References 124
  - Conclusion 124
- 6: Ethical Issues in Sex Offender Research 126
  - Introduction 126
  - Dignity and Ethical Justification 127
    - The concept of dignity 128
    - Ethical justification 129
  - Research Design, Data Collection, Analysis and Reporting 130
    - Research aims 130
    - Selection of research designs 131
    - Data presentation 132
    - Negative results 132
  - Participants and Data 133
  - Offenders and Researchers 134
    - Ethical blindness 134
    - The moral status of offenders 135
    - The vulnerability of offenders 136
    - Cultural differences 137
    - Assumptions about disorders 138
  - Acknowledgment 139
  - References 139
  - Conclusions 139
- 7: Reintegrative and Disintegrative Shaming: Legal and Ethical Issues 142
  - Introduction 142
  - Part I: Control in the Community and “Disintegrative Shaming” 143
    - Public protection, risk management and “crime control” 143
    - Notification and related orders 143
    - “Shame penalties” 146
  - Part II: Restorative Justice and “Reintegrative Shaming” 148
    - Reintegration through safety and support 148
    - Conferencing and circles 149
    - Due process, legitimacy, accountability and adequate safeguards 150
  - Conclusion: The Balance of Rights 151
  - Notes 153
  - References 153
- 8: “Castrate ‘Em!”: Treatments, Cures and Ethical Considerations in UK Press Coverage of “Chemical Castration” 158
  - Introduction 158
  - The Rise of the Pedophile Problem: A Brief Modern History 159
  - Framing “Chemical Castration” 162
  - Medical Discourse 163
    - Medical discourse of curability 163
    - Medical discourse of controllability 164
    - Medical discourse of incurability 166
    - Longer prison sentences 166
    - Capital punishment 167
  - Chemical Castration: Voluntary Treatment or Enforced Punishment? 168
    - Castration as enforced punishment 168
    - Addressing the human rights issue 170
  - Popular Discourse in Readers’ Letters to the Sun 171
    - Chemical castration as punishment 172
    - Medical discourse 172
    - Ethical considerations and the human rights issue 173
    - Only alternative to life sentences 174
  - Discussion and Conclusions 175
  - References 177
- 9: Sentencing Sex Offenders: An International Comparison of Sentencing Policy and Legislation 179
  - Australia 179
  - Introduction 179
  - England and Wales 182
  - Germany 186
  - South Africa 188
  - Discussion 191
  - References 194
  - Notes 194
- 10: Sentencing and Crime Policy for Sex Offenders in Japan: The Possible Impact of the Lay Judge System 197
  - Introduction 197
  - A Single Case Changed the Whole System 197
  - Sex Offenders’ Treatment Programs in Prisons 198
  - Sex Offenders’ Treatment Programs at Probation Stage 199
    - Referrals 199
    - Nature of programs 199
    - The tracking system for sex offenders 200
  - Did Japan Want Megan’s Law after the Nara Case? 201
  - The Impact of the Saiban-in System 203
    - Impact on sentencing 203
    - Differences of opinion between lay people and professional judges 204
    - Future implications of the lay judge system for criminal justice policy on sex offenders 205
  - Conclusion 205
  - Notes 207
  - References 207
  - Acknowledgments 207
- 11: Unique Disadvantages, Unique Needs: Native American Sex Offenders 209
  - Introduction 209
  - Native Americans: Offenders and Victims in Indian Country and Beyond 210
    - How reliable are crime data on Native Americans? 210
    - Domestic violence, sex offenses and crimes against children 212
    - Explanations for Native American crime 213
  - Prosecution and Sentencing of Native American Sex Offenders 214
    - The jurisdictional structure 214
    - The exercise of federal jurisdiction: difficulties and challenges 216
  - The Federal Sentencing Guidelines and Native American Sex Offenders 217
    - Discrimination at sentencing? 217
    - Violent sex offenders: rejecting leniency 218
    - Sentencing of Aboriginal sex offenders outside the United States 220
  - Sentencing, Treatment and Rehabilitation 221
    - Retributive versus restorative justice 221
    - Difficulties of treatment 221
    - Culturally appropriate treatment: what the United States can learn from Canada and Australia 223
  - Conclusion 224
  - Acknowledgments 224
  - Notes 225
  - References 226
- 12: Mandated Reporting Laws: Experiences from Israel 230
  - Introduction 230
  - The Mandated Reporting Law in Israel in an International Context 231
  - The Clinician’s Ethical Dilemma 233
  - The Mandated Reporting Law in Israel 233
    - Problems with the mandatory reporting law in Israel 234
    - Strengths of the mandatory reporting law 234
    - Consultation by parents after daughter disclosed abuse by her uncle 235
  - Addressing Problems with the Law 238
  - A Brief History of Attempts to Effect Change in Israel 240
  - Conclusions 241
  - Notes 242
  - References 242
- Part Two: Legal and Ethical Issues in Risk Treatment 246
  - 13: Treatment for Adult Sex Offenders: May We Reject the Null Hypothesis? 248
    - Introduction 248
    - Why Should We Not Accept All This? 249
    - What Do the Authorities Say about Treatment Efficacy? 249
    - How Persuasive Is the Adult Sex Offender Treatment Literature? 251
    - Would Bayesian Reasoning Mean the Rejection of the Null Hypothesis? 253
    - Why Not Just Accept the Alternate Hypothesis Anyway? 254
    - Why Then Are RCTs for Adult Sex Offender Treatment So Uncommon? 257
    - Why Is It So Difficult to Change the Beliefs of Sex Offender Researchers and Practitioners? 258
    - How Could an RCT of Adult Sex Offender Treatment be Conducted? 259
    - Summary and Conclusions 260
    - Notes 261
    - References 261
  - 14: Ethical Issues in Treating Sexual Offenders: Applying Empirically Based Process Features of Treatment Delivery 265
    - Introduction 265
    - Factors in the Delivery of Treatment 266
    - Results from the General Literature 267
      - Therapist characteristics 267
      - Group climate 269
      - Therapeutic relationship 269
      - Results with sexual offenders 270
    - Results from the Sexual Offender Literature 270
      - Therapist qualities 270
      - Other process factors 272
      - Group climate 272
    - Conclusions 273
    - References 274
  - 15: A Forensic Psychologist’s Involvement in Working with Sex Offenders 280
    - Introduction 280
    - Early Professional Influences and Personal Values Development 282
    - Early Employment Experiences after Leaving Higher Education 283
    - Clinical v. Forensic Psychology: Ethical Issues 285
    - Practicing in the United Kingdom 285
    - The Development of Structured Risk Assessment 286
    - Collaborative Professional Working 288
    - Other Assessment Approaches 289
    - Treatment Variations 290
    - Ethical Considerations in the Treatment of Sexual Offenders 291
    - Conclusions 294
    - References 295
  - 16: Punishment and the Rehabilitation of Sex Offenders: An Ethical Maelstrom 300
    - Introduction 300
    - The Problem of Punishment 302
    - What is Punishment? 303
    - Justification of Punishment 304
      - Retributive justification 304
      - Consequential justification 305
      - Communicative justification 305
    - Practice Ethical Issues Related to Punishment 306
      - Working in unethical environments 306
      - Overlapping normative frameworks 307
      - Punishment and professional roles 308
    - Conclusions 313
    - Acknowledgment 314
    - References 314
  - 17: Distinguishing Moral and Clinical Decisions in Sex Offender Programs: The Good Lives Model and Virtue Ethics 316
    - Introduction 316
    - Some Moral Theories 317
    - The GLM and Its Moral Underpinnings 319
    - When Virtue Theory Is Problematic: Pitfalls for the GLM 321
      - Determining when behaviors are “maladaptive” 321
      - The problem of motivation 323
      - The aims of offender rehabilitation and how we know it is working 325
    - Good Lives and a Flourishing Society 328
    - References 329
  - 18: Pharmacological Treatment of Sexual Offenders and Its Legal and Ethical Aspects 331
    - Introduction 331
    - Effects of Androgen Lowering Treatments 332
    - Side Effects of Androgen Lowering Treatments 332
    - Who Might Benefit from Treatment? 334
    - The Rationale for Treatment 336
    - Androgen Lowering Treatment and Recidivism Rates 337
    - Legal and Ethical Aspects of Androgen Lowering Treatment for Sexual Offenders 338
      - Legal prerequisites 338
      - Ethical aspects 341
    - Public Protection and Human Rights 342
    - References 344
    - Notes 344
  - 19: Female Sexual Offenders: The Need for a Gender-Responsive Approach 350
    - Introduction 350
    - Overview of Recent Developments 351
      - Reconviction data 352
      - Offense supportive cognitions 353
      - Deviant sexual interests 355
      - Typologies and theories of female sex offending 357
    - Gender Responsiveness and Practice Issues 359
      - The women and their lives 360
      - Intervention 361
      - Reintegration 362
    - Conclusion 362
    - References 363
  - Part Three: Legal and Ethical Issues in Risk Management 368
    - 20: A Convergent Approach to Sex Offender Risk Assessment 370
      - Introduction 370
      - Actuarial Assessment 372
      - Structured Professional Judgment 375
      - Anchoring 376

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