A new scholarly article from two professors of law (Tamara Rice Lave of the University of Miami School of Law and Franklin E. Zimring of UC Berkley School of Law), exposes how information was intentionally suppressed, resulting in “egregious mishandling of the Sexually Violent Predator (SVP) issue.”
For decades we’ve been hearing “frightening and high” in Court decisions and from politicians when talking about recidivism rates of sexual offenders. Those claims are the foundation for the existence of Civil Commitment Centers that indefinitely confine people deemed “Sexually Violent Predators”. 20 states have laws allowing for the indefinite involuntary “civil commitment” (ie: incarceration) of SVPs and as of 2016, there were 5,355 people committed to these civil commitment centers in the US, with an additional 1,001 detained pending commitment.
The professors uncovered a study from Dr. Jesus Padilla, a clinical psychologist, that was commissioned by California to study the recidivism rates of sexually violent predators. Dr. Padilla’s study (no surprise to us) revealed that the 5 year recidivism rates for SVPs (those considered the worst of the worst) were roughly six percent. Low!
For those familiar with Ira Ellman’s research debunking of the Supreme Court’s “frightening and high” myth and who have had the opportunity to read the numerous studies that have been done since (including ones from the US DOJ), know that recidivism rates for sex offenders are low. So why is Dr. Padilla’s study significant or different?
Because it appears that the California Department of Mental Health tried to quash the study at a critical time. When the future of SVP civil commitment programs were at stake.
The professors provide the following insight into why this would happen:
It would be hard to ignore a study showing that the vast majority of recently released individuals committed under the current SVP regime did not recidivate.The range of sexual danger found in the Padilla study is not substantial enough to justify permanent confinement, and this finding threatens the entire SVP apparatus.If SVPs are no different than the “dangerous but typical recidivist convicted in an ordinary criminal case,” then the state has no constitutionally permissible reason to continue locking them away. And make no mistake; if SVP laws were to be declared unconstitutional, it would have a tremendous financial impact on the institutions used to house and treat SVPs. In 2006, the total civil commitment budget across the country totaled $454.7 million, with SVP states spending an average of $94,017 per year on each committed SVP.
Are we surprised? Oregon commissioned a study on the effects of “treatment” for those convicted of SOs and found “treatment” has no effect on recidivism (and slightly increased it in one county). The legislature nonetheless sanitized the study’s findings and recommendations on the floor and continue to legislate accordingly. Can’t find the study now – will search and link later.
Overall point being that suppressing data when it doesn’t support a politically popular view is pretty common among legislatures. That doesn’t apply solely to SO issues – for example, environmentalists have been doing it for years. What exactly is the point of investigating or commissioning these studies if the results have already been predetermined?
Forgot to add the study was particularly significant in that Oregon has one of the highest per capita rates of registrants in the US.
These number that is being reported regarding the people detained in these facilities are much much higher. Please try to get the correct number of people confined behind these laws. It’s critically important in understanding what is happing here. Clearly, we have empowered our government in a way that should scare the HELL out of every one of use. I once read, “those who are willing to give up a little freedom for a bit of security will soon discover that they have neither. These are hazardous laws that we are supporting.
what a crock of BS as we all know i surly hope this will light a bonfire and they are sued for this by the people that have been injured and i hope this opens the bonfire up but the GOV> has and continues to BRAINWASH the uneducated. just like many of the new so’s in the past 10 years or so i’m sure many of them said that rotten no good so hope they die, etc… until they or a loved one are trapped in these inhumane conditions!
Everything is for sale in this country – even freedom 🙁
What a lie we were taught as children, that America is a “fair” country. Sometimes I think that the “law” is more criminal than criminals.
^We were also taught to idealize Christopher Colombus, and ignore the fact that native Americans were slaughtered as part of the process. Should I go on? We live in one of the the most, if not the most LEGALLY Corrupt countries on Earth. When what’s happening around you doesn’t align at all with your ideals about ‘Murica’, then that strange feeling is the realization that you’ve been living in a scam pulled over US citizens. The amount of corruption blatantly going on in this country is mind-blowing. People should watch some documentaries and open their mind a bit to what’s going on, once they swallow that (propaganda driven) patriotic pride that is.
Kay, I couldn’t agree with you more.