week 6 legal

Rodshana Ulery Civil commitment is provide treatment of symptoms that contribute to an individual's risk of self harm or further criminal offenses (Buckley and Kelly 2020). Community supervision are programs such as probation or parole that allow for reduced or no time a secure correctional or mental facility for the purpose of supervision of convicted persons to reduce recidivism (Anon n.d.).  In the scenario of Tim I would recommend that he has civil commitment.  The reason for this is due to not only the current crime being sexual assault with extra brutality to the arm and head but to the fact that he has previous sexual charges and some to a minor.   Offenses toward minors and elderly create a more severe consequence.  His young age and amount of crimes are not promising of clean crime free future. His lack of prior punishment, specificity in crimes, and close family relations provide a bubble in which he has to this point not decided to change his actions.   Refences: Anon. n.d. “Community Supervision.” Bureau of Justice Assistance. Retrieved January 8, 2022 (https://bja.ojp.gov/program/psrac/implementation/structured-decision-making/community-supervision). Buckley, J. Christopher, and D. Clay Kelly. 2020. “Diagnostic Standards for Sex Offender Civil Commitment.” Journal of the American Academy of Psychiatry and the Law 48(3):397–99. stacy allard Case Analysis of a Community Sex Offender             Considering the case summary of Tim, the recommendation is for community supervision. The explanation for this recommendation is based on ethical considerations, legal and clinical data in reference to the offender, and the community's needs. Information concerning the age of Tim at the time of the sexual assault was omitted and is vital in cognitive development; the age of 22 years is stated for conviction age. Physical violence occurred in the commission of the sexual assault, broken arm, lacerated skull, and numerous cuts and bruises. The convicted offender lives across the street from an elementary school and was implicated in several other sexual assault cases, including a 15-year-old female. The offender has extensive juvenile history, including violent offenses. Ethical Considerations          Forensic psychology professionals must balance the needs of the individual patient/criminal against the protection of the community.  In Harrison & Rainey (2013), Jackson & Covell quoted the American Psychological Association (APA) in a 1997 brief stating, “SVP (sexual violent predators) legislation as abuse of psychiatric principles in order to affect social policy and shortcomings of the criminal justice system” (p. 412). Regulation elements to civilly detain with SVP legislation includes the history of conviction, likelihood of future sexual re-offense, and presence of a mental disorder that predisposes an individual to engage in sexually violent acts (Jackson & Covell, 2013). In the case of Tim, history is sufficient to show a pattern of behavior. The summary does not determine the likelihood of reoffending as no risk assessment was conducted. No mental disorder was diagnosed and is insufficient alone to establish or infer predisposition (Jackson & Covell, 2013). The Speciality guidelines for forensic psychologists adopted by the APA state under section 2 competence in 2.04 that “forensic practitioners aspire to manage their professional conduct in a manner that does not threaten or impair the rights of affected individuals (APA, n.d.).  Legal and Clinical Data           The Jacob Wetterling Act of 1994 established a sex offender registry, and Megan’s Law established community notification. The Adam Walsh Act (2006) repealed all old federal registration laws, and SORNA (sex offender registration & notification act) provided consistency between the states with the three-tier system (Thomas, 2013). This system is based on conviction-based regimens, and thus due to conviction does not violate due process. Tier 1 is the least serious offense with a 15-year registration. Tier 2 has a registration requirement of 25 years, and tier 3 is the most severe with lifetime registration (Thomas, 2013). Based on violent history, Tim would be required to be registered for 15 years and, depending on state law, would not be able to live across the street from an elementary school. Consistent monitoring and community mental health services should be documented in Tim’s case adjudication. While receiving weekly mental health services, the clinical professional should recognize any potential threat to the patient self or the community. There is a responsibility to protect the individual’s rights against continual punitive punishment after a completed court sentence. The Constitution's double jeopardy and equal protection clauses provide that a citizen can not be retried for the same crime or adjudicate continually punitive restrictions on the individual. Still, the felony conviction offers a loss of rights in the protection of the community. After the sentence, in Tim’s case, he should be registered, providing community notification. Tim’s limitation, like where to live, etcetera, is a regulation due to conviction behavior and loss of rights.  Community Needs           The community needs protection and notification of individual locations for those convicted of specific sexually violent crimes. However, community rights do not precede individual rights. It is the job of the criminal justice system to make this balance. Law enforcement agencies should know the status of each registered individual within their communities. Individuals like Tim, since fulfilling a mental health requirement, the professional has the legal obligation to report if the patient or the community is of any future risk.   References   American Psychological-Law Society. (n.d.). Specialty guidelines for forensic psychology.            http://www.apadivisions.org/division-41/about/specialty   Jackson, R., & Covell, C. (2013). Sex Offender Civil Commitment: Legal and Ethical Issues. In            Harrison, K., & Rainey, B. (Eds.), The Willey-Blackwell handbook of legal and ethical               aspects of sex offender treatment and management (pp. 406-423).   Pacheco, D., & Barnes, J. (2013). Sex Offender Residence Restrictions: A Systematic Review of            the Literature. In Harrison, K., & Rainey, B. (Eds.), The Wiley-Blackwell handbook of legal            and ethical aspects of sex offender treatment and management (pp. 424-444).            Wiley-Blackwell.   Thomas, T. (2013). Sex Offender Registration in the United States and the United            Kingdom: Emerging Legal and Ethical Debates. In Harrison, K., & Rainey, B. (Eds.), The            Wiley-Blackwell handbook of legal and ethical aspects of sex offender treatment and            management (pp. 356-371).Wiley-Blackwell.