Abstract

Civil preventive detention, by its very nature, represents a departure from the normal model of criminal justice. In the case of sex offender civil commitment, the circumstances warranting detention are no more dire than for other serious crimes. Yet, sex offenders are treated as a special class, based upon pseudoscience and cultural panic. State and federal sexually violent predator laws that allow for lifetime civil commitment of sex offenders, premised on myths that allocate substantial resources in a never-ending criminal war, do not create a just or better society.

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