Pennsylvania Supreme Court Decisions Yes there is a standard to test criminal behavior and risks… or is there? Megan’s Law – Scientific Evidence – SVP Assessment – Frye – Com. v. Dengler, No. 104 MAP 2004, Castille, J, 12/30/05 – Psychologist’s expert testimony that defendant met the statutory criteria for classification as a Sexually Violent Predator was not novel scientific
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Category: Deliberative Process Tier II ambiguos to some
Tier II includes most sexual abuse or exploitation offenses against minors and attempts or conspiracies to commit such offenses. Tier II also includes use of a minor to practice prostitution and production and distribution of child pornography. The corollary to this guideline would be that if a person who was convicted of possession of materials involving a minor would not
View Article...Category: Deliberative Process A Better Answer to Post Sentencing Protocols
a) Treatment as a post sentencing requirement Overview of treatment modalities Individual Psychotherapy is the modality with one patient and one therapist. This form offers the most attention to the patients individual concerns however it can be limited in that it cannot directly study family or social relationships. There are many different styles or theoretical orientations of therapists such as psychodynamic,
View Article...Category: Deliberative Process UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
You may be applicable for Post Facto status if you were convicted before August 1st 2008. 2:07-CR-02119-WFN-1 Filed March 7, 2012 Before: William C. Canby, Jr., Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges.Phillip Williams George was charged with, and convicted of, failing on September 27, 2007 to register as required under the Sex Offender Registration and Notification Act,
View Article...Category: Deliberative Process A 2008 study by California’s Sex Offender Management Board
A 2008 study by California’s Sex Offender Management Board reported on 4,204 sex offenders released in 1997 and 1998. 3.38 percent were convicted of new sex offenses in the next decade.http://www.cfcamerica.org/index.php?option=com_content&view=article&id=2615%3Afacts-and-fiction-about-sex-offenders&catid=3%3Anews&Itemid=493
View Article...Category: Deliberative Process Disparity is only part of the sentencing snafu
Timely discussion of federal judicial concerns with guideline sentences Today’s Boston Globe has this notable article on a controversial component of the federal sentencing guidelines. The piece is headlined “US judges balk at rigid child porn sentences; Say guidelines often demand punishment beyond severity of crime.” Here are excerpts: In 2010, federal judges deviated below sentencing guidelines in child pornography cases 43 percent of the
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