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?
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 ...
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.