Civil Commitment of Sexually Violent Predators: The Search for a Limiting Principle

Authors

Aman Ahluwalia, Supreme Court of India

Abstract

The article challenges the legal and empirical justifications for civil commitment of sexually violent predators, arguing that current standards, such as mental abnormality and lack of control, are overly broad and lack robust empirical support. It contends that recidivism rates for sex offenders are not significantly higher than those of other offenders, undermining the rationale for civil commitment. The analysis advocates for a more nuanced approach to incapacitation, emphasizing criminal law solutions over medicalized commitments.

Disciplines

Constitutional Law | Criminal Law | Criminal Procedure | Fourteenth Amendment | Law | Sexuality and the Law

Recommended Citation

Aman Ahluwalia, Civil Commitment of Sexually Violent Predators: The Search for a Limiting Principle, 4 Cardozo Pub. L. Pol’y & Ethics J. 489 (2006).
Available at: https://larc.cardozo.yu.edu/cplpej/vol4/iss3/2