Purchase Solution

Extreme Punishment for sex offenders and the constitution

Not what you're looking for?

Ask Custom Question

Discuss the constitutional issues with regard to some extreme methods of punishing dangerous sex offenders, such as castration and permanent civil confinement. Are these methods really not punitive measures as the courts have suggested? What potential rights are at stake here?

Purchase this Solution
Solution Summary

This solution provides an explanation of how extreme forms of punishment such as castaration and permanent civil confinement may run afoul of constitutional amendments against cruel and unusual punishment by providing the student with research on the subject matter.

Solution Preview

The issue of castration and permanent civil commitment for sex offenders has potential major constitutional implications for potential violations of rights afforded to all citizens under the United States Constitution. Some of the most pressing constitutional issues that are evident within the use of these extreme forms of justice are inmates' rights to privacy afforded by the U.S. Supreme Court, the patient's constitutional right against cruel and unusual punishment, inmates' rights against double jeopardy, and due process and equal protection provisions under the 14th amendment.

At the crux of these methods and their constitutionality or lack thereof is the issue of whether the methods of castration or permanent civil confinement are meant as punitive or treatment ...

Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
Recent Feedback
  • "Thank you however I have two questions: 1.) where in this passage is the actual problem statement? 2.) if you used references can you please provide them? This is great work and I am so grateful. "
  • "Thank you very much"
  • "excellent analysis"
  • "graet job very helpful"
  • "Thank you, excellent and very detailed."
Purchase this Solution
Free BrainMass Quizzes
Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

Title VII Laws

Learn the basics of the laws under Title VII.

Evidence

Do you know your evidence objections? Find out with this quiz!

Constitutional Law Rights

How much do you know about Constitutional Law Rights? Find out with this quiz!

Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

View More Free Quizzes
Related BrainMass Solutions

  • Capital Punishment State Laws

    Because no Congressional bill has been passed barring the use of capital punishment for 'competent adult' offenders, the states have the constitutional right to individually decide if they want to use the death penalty.

  • Criminal Law - Death Penalty and rape

    Louisiana that imposing the death penalty for the crime of child rape would make the punishment so disproportionate to the offense that it would violate the 8th Amendment's prohibition on cruel and unusual punishment.

  • Decisions on Very Controversial Issues

    Sex offenders have the lowest recidivism rates among all other offenders, and these are facts that run counter to the media narrative that paints sex offenders' as the most dangerous offenders to recidivate.

  • Juvenile Sex Offenders and Fitness for Duty Assessment

    582485 Forensic Assessment Related to Juvenile Sex Offenders and Fitness for Duty What are some issues associated with assessing juvenile sex offenders? How are these in relation to fitness for duty? What is the relevance to forensic psychology?

  • Death Penalty Laws (2000-2005)

    Those opposed to the measure fear that threatening death sentences for sex offenders could lead to fewer reported cases of sex crimes and might even give incentive to offenders to kill their victims to prevent the child from testifying in court.

  • Explore deterrence theory applied to juvenile justice system

    Examples: shock sentencing, corporal punishment, mandatory arrests for certain behaviors (domestic violence), etc. The underlying philosophy of the state's juvenile justice system is to treat and rehabilitate juveniles.

  • What are the goals of punishment and corrections?

    166354 What are the goals of punishment and corrections? What are the goals of punishment and corrections? Explain the rationale behind those goals. How does the concept of community corrections relate to these goals and rationale?

  • Groups of Offenders

    Additionally, dependent on the particulars of the offence, the punishment differentiate from each other. It is also important to note that the lines overlap. Some sex offenders commit sex offences because of mental disorders.

  • Lunsford's Case

    This was the catalyst for early parole or releases for violent offenders as the proliferation of incarceration for nonviolent drug offenders led to extreme overcrowding in American prisons.

View More Related Solutions