
The Wiley-Blackwell Handbook of Legal and Ethical Aspects of Sex Offender Treatment and Management.
Title:
The Wiley-Blackwell Handbook of Legal and Ethical Aspects of Sex Offender Treatment and Management.
Author:
Harrison, Karen.
ISBN:
9781118314920
Personal Author:
Edition:
1st ed.
Physical Description:
1 online resource (562 pages)
Contents:
Cover -- Title page -- Copyright page -- Contents -- About the Contributors -- Preface -- Abbreviations -- Part One: Treating and Managing Sexual Offender Risk in Context: Legal and Ethical Concerns -- 1: Sexual Offenses, Law and Morals: Can Behavior and Attitudes Be Changed by Legal and Moral Efforts? -- Introduction -- Punitive Strategies in Sex Offending Cases -- Sexual Offenses: Statistics and Legal Aspects -- Thirteen Convicted Sex Offenders: Legal and Moral Understanding -- Legislation, Moral Signals and Behavior -- Attitude-Regulating Laws -- Why Do We Punish? -- The Need for Alternatives to Punitive Strategies -- Restorative Justice as a Challenge to the Traditional Understanding of Justice -- Future Directions -- Conclusion -- Notes -- References -- 2: Human Rights and Sexual Offenders -- Introduction -- Rights and Risk -- Rights: the protection of dignity and the individual -- Risk: the protection of the community -- Applying Rights Protection to Dangerous Sex Offenders -- Sentencing and detention -- Human rights challenges: public protection sentencing in England and Wales -- Human rights challenges and preventative detention in Germany -- Community Protection -- Human rights challenges and the sex offender register in England and Wales -- Human rights challenges and disclosure -- Sex Offender Treatment: Pharmacotherapy -- Human rights challenges to pharmacotherapy -- Conclusion: Finding a Balance? -- Notes -- References -- 3: Sex Offenders, Consent to Treatment and the Politics of Risk -- Introduction -- Patients and Prisoners and Convergence between the Psychiatric and Penal Systems (England and Wales) -- Sex Offending and Mental Disorder -- Psychopathic disorder/personality disorder -- Learning disability -- Detention under the Mental Health Act 1983 -- "Civil" admission under Part II -- Hospital orders.
Hospital orders with restrictions -- Transfer from prison to psychiatric hospital -- Hybrid orders -- Consent to Treatment and Detained Patients -- Consent to treatment under Part IV of the Mental Health Act 1983 -- Surgical implantation of sexual suppressants -- Medicines for mental disorder -- Other treatment for mental disorder -- Appropriate treatment and preventive detention -- Surgical castration -- Control and Treatment in the Community under the Mental Health Act -- Conditional discharge -- Community Treatment Orders (CTOs) -- Conclusion -- References -- 4: Special Offender Groups and Equality: A Duty to Treat Differently? -- Introduction -- The Concept of Equality and the Law -- Formal equality in law -- Substantive equality in law -- Mainstreaming and equality duties -- Equality, rights and risk -- Special Offender Groups -- Ethnic minority/indigenous sex offenders -- Female sex offenders -- Juvenile sex offenders -- Disability: intellectually disabled sex offenders -- An Equality Duty: United Kingdom -- Possible impact on sexual offender treatment and management -- Legal challenge -- Conclusion -- Notes -- References -- 5: Expert Evidence, Ethics and the Law -- Introduction -- Admissibility of Expert Evidence -- Expert evidence of witness credibility -- Reliability of expert evidence -- Ethical and Legal Duties of Expert Witnesses -- Objectivity -- Transparency -- Conflicts of Duty: "Wearing Two Hats" -- Confidentiality and patient records -- Conclusion -- Acknowledgment -- References -- 6: Ethical Issues in Sex Offender Research -- Introduction -- Dignity and Ethical Justification -- The concept of dignity -- Ethical justification -- Research Design, Data Collection, Analysis and Reporting -- Research aims -- Selection of research designs -- Data presentation -- Negative results -- Participants and Data -- Offenders and Researchers.
Ethical blindness -- The moral status of offenders -- The vulnerability of offenders -- Cultural differences -- Assumptions about disorders -- Conclusions -- Acknowledgment -- References -- 7: Reintegrative and Disintegrative Shaming: Legal and Ethical Issues -- Introduction -- Part I: Control in the Community and "Disintegrative Shaming" -- Public protection, risk management and "crime control" -- Notification and related orders -- "Shame penalties" -- Part II: Restorative Justice and "Reintegrative Shaming" -- Reintegration through safety and support -- Conferencing and circles -- Due process, legitimacy, accountability and adequate safeguards -- Conclusion: The Balance of Rights -- Notes -- References -- 8: "Castrate 'Em!": Treatments, Cures and Ethical Considerations in UK Press Coverage of "Chemical Castration" -- Introduction -- The Rise of the Pedophile Problem: A Brief Modern History -- Framing "Chemical Castration" -- Medical Discourse -- Medical discourse of curability -- Medical discourse of controllability -- Medical discourse of incurability -- Longer prison sentences -- Capital punishment -- Chemical Castration: Voluntary Treatment or Enforced Punishment? -- Castration as enforced punishment -- Addressing the human rights issue -- Popular Discourse in Readers' Letters to the Sun -- Chemical castration as punishment -- Medical discourse -- Ethical considerations and the human rights issue -- Only alternative to life sentences -- Discussion and Conclusions -- References -- 9: Sentencing Sex Offenders: An International Comparison of Sentencing Policy and Legislation -- Introduction -- Australia -- England and Wales -- Germany -- South Africa -- Discussion -- Notes -- References -- 10: Sentencing and Crime Policy for Sex Offenders in Japan: The Possible Impact of the Lay Judge System -- Introduction -- A Single Case Changed the Whole System.
Sex Offenders' Treatment Programs in Prisons -- Sex Offenders' Treatment Programs at Probation Stage -- Referrals -- Nature of programs -- The tracking system for sex offenders -- Did Japan Want Megan's Law after the Nara Case? -- The Impact of the Saiban-in System -- Impact on sentencing -- Differences of opinion between lay people and professional judges -- Future implications of the lay judge system for criminal justice policy on sex offenders -- Conclusion -- Acknowledgments -- Notes -- References -- 11: Unique Disadvantages, Unique Needs: Native American Sex Offenders -- Introduction -- Native Americans: Offenders and Victims in Indian Country and Beyond -- How reliable are crime data on Native Americans? -- Domestic violence, sex offenses and crimes against children -- Explanations for Native American crime -- Prosecution and Sentencing of Native American Sex Offenders -- The jurisdictional structure -- The exercise of federal jurisdiction: difficulties and challenges -- The Federal Sentencing Guidelines and Native American Sex Offenders -- Discrimination at sentencing? -- Violent sex offenders: rejecting leniency -- Sentencing of Aboriginal sex offenders outside the United States -- Sentencing, Treatment and Rehabilitation -- Retributive versus restorative justice -- Difficulties of treatment -- Culturally appropriate treatment: what the United States can learn from Canada and Australia -- Conclusion -- Acknowledgments -- Notes -- References -- 12: Mandated Reporting Laws: Experiences from Israel -- Introduction -- The Mandated Reporting Law in Israel in an International Context -- The Clinician's Ethical Dilemma -- The Mandated Reporting Law in Israel -- Strengths of the mandatory reporting law -- Problems with the mandatory reporting law in Israel -- Consultation by parents after daughter disclosed abuse by her uncle.
Addressing Problems with the Law -- A Brief History of Attempts to Effect Change in Israel -- Conclusions -- Notes -- References -- Part Two: Legal and Ethical Issues in Risk Treatment -- 13: Treatment for Adult Sex Offenders: May We Reject the Null Hypothesis? -- Introduction -- What Do the Authorities Say about Treatment Efficacy? -- Why Should We Not Accept All This? -- How Persuasive Is the Adult Sex Offender Treatment Literature? -- Would Bayesian Reasoning Mean the Rejection of the Null Hypothesis? -- Why Not Just Accept the Alternate Hypothesis Anyway? -- Why Then Are RCTs for Adult Sex Offender Treatment So Uncommon? -- Why Is It So Difficult to Change the Beliefs of Sex Offender Researchers and Practitioners? -- How Could an RCT of Adult Sex Offender Treatment be Conducted? -- Summary and Conclusions -- Notes -- References -- 14: Ethical Issues in Treating Sexual Offenders: Applying Empirically Based Process Features of Treatment Delivery -- Introduction -- Factors in the Delivery of Treatment -- Results from the General Literature -- Therapist characteristics -- Therapeutic relationship -- Group climate -- Results with sexual offenders -- Results from the Sexual Offender Literature -- Therapist qualities -- Group climate -- Other process factors -- Conclusions -- References -- 15: A Forensic Psychologist's Involvement in Working with Sex Offenders -- Introduction -- Early Professional Influences and Personal Values Development -- Early Employment Experiences after Leaving Higher Education -- Practicing in the United Kingdom -- Clinical v. Forensic Psychology: Ethical Issues -- The Development of Structured Risk Assessment -- Collaborative Professional Working -- Other Assessment Approaches -- Treatment Variations -- Ethical Considerations in the Treatment of Sexual Offenders -- Conclusions -- References.
16: Punishment and the Rehabilitation of Sex Offenders: An Ethical Maelstrom.
Abstract:
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.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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