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CHEMICAL CASTRATION.
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Argues that this is not a cure-all treatment & should not be used for all sex offenders.... More...
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Paper Abstract:
Argues that this is not a cure-all treatment & should not be used for all sex offenders. How chemical castration (Depo Provera) works in treating paraphiliacs, but is not effective for the majority of sex offenders. Cites several reasons against chemical castration including danger of releasing sex offenders taking Depo Provera; infringement on Constitutional rights.
Paper Introduction:
Chemical castration for sex offenders is a punishment that is rapidly gaining in popularity in the U.S., but does its effectiveness justify the violation of the rights of those treated with it? While chemical castration has been found to be effective in treating one type of sexual offender, chemical castration laws are calling for such treatments to be performed on all types of sexual offenders. The evidence indicates that the limited benefits of chemical castration are outweighed by the significant infringements of rights against those it will not help and the false sense of security that it provides.
Chemical castration is becoming a popular ‘get tough’ measure against sex offenders that is gaining popularity across the country. In 1996 California became the first state to enact a chemical castration law, and in 1997 three other states
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Studies on the chemical castration of sexual offenders have shown iteffective in significantly reducing recidivism rates. 1999:139. "It will now be possible for judges in chemical castrationjurisdictions to condition probation on the convict accepting chemicalcastration" (Meisenkothen 141). Most sex crimes are motivated by power or anger;Depo Provera is not effective on such people because their crimes aremotivated by non-sexually triggered mechanisms, which will not be appeasedby chemically reducing the sex drive (Meisenkothen 14 ). And even men who are incapable of an erection can commit sexual assaults. Counting on chemical castration to treat all sexual offenders isdangerous. In 1996California became the first state to enact a chemical castration law, andin 1997 three other states followed their lead. Proponents of castration point out that under the Supreme Court'stest for cruel and unusual punishment, a treatment is not a punishment, andthus is not subject to Eighth Amendment scrutiny. Criminologists agree that most rapesare about power, not sex. While the paraphiliac offenders fit thisdefinition, those who are not affected or helped by the Depo Proveratherapy do not. "Sentences Inscribed on Flesh." Time. Most sex crimes are not motivated by sexual desire, and are thusimmune to the Depo Provera treatment. Under the Californiastatute chemical castration is mandated for all paroled two-time sexoffenders, and within the judge or parole board's discretion for first timeoffenders. 1995:56.Lacayo, Richard. Unfortunately, paraphiliacs are a small minority of sex offenders,and the Depo Provera treatment would be ineffective for all the other sexoffenders. Thus chemicalcastration is completely ineffective for the majority of those offendersthat it is mandated for. Though a castrated male will no longer produce semen, he is still capable of an erection. The FourteenthAmendment rights of privacy and procreation are rights implied by theconstitution and are both infringed by castration. The Depo Provera treatment simply reducesandrogen levels in the bloodstream causing testosterone levels to dropsignificantly, thus reducing the sex drive. Chemical castration is becoming a popular 'get tough' measure againstsex offenders that is gaining popularity across the country. The limited utility and the significant problems with the use ofchemical castration as a cure-all treatment for sex offenders arguestrongly against this policy. In the case of the non-paraphiliacs, theFourteenth Amendment rights would outweigh the government interest since nointerest is served by an ineffective treatment. Chemical castration for sex offenders is a punishment that is rapidlygaining in popularity in the U.S., but does its effectiveness justify theviolation of the rights of those treated with it? It is clear that chemical castration laws do nothing to deter themajority of sex offenders and in many ways increase the danger they pose tosociety. Psychopaths, for example, make up half of allviolent serial rapists, and have a recidivism rate three times that of non-psychopaths (Kaihla 58). In addition to the problems with its effectiveness, chemicalcastration infringes on many important constitutional rights. 1992:54.Meisenkothen, Christopher. Vol. The result is that many offenders arereleased early on the assumption that they have been rendered harmless,when in fact, the majority of them have not. Some expertsbelieve that "castration will only aggravate the depression and self-contempt that can make sex offenders more likely to strike" (Lacayo 55).Relying on the effectiveness of this treatment, when we know it doesnothing to dissuade most of the offenders, can lend a dangerous false senseof security. But to fit the Court'sdefinition of a treatment, the procedure must have therapeutic value forthe subject (Meisenkothen 144). The evidence indicates thatthe limited benefits of chemical castration are outweighed by thesignificant infringements of rights against those it will not help and thefalse sense of security that it provides. "Sex Offenders: Is There a Cure?" Maclean's. Reducing the sexdrive of those who rape because they enjoy hurting people will not preventthem from raping or wanting to rape. While chemicalcastration has been found to be effective in treating one type of sexualoffender, chemical castration laws are calling for such treatments to beperformed on all types of sexual offenders. It does in fact seem clearthat chemical castration is a highly effective method of treatingparaphiliacs. 23 Mar. Most experts regard sexual assault as an act of violence, not desire, an explosion of rage by an attacker who is often dysfunctional at the crucial moment. Such promising resultshave prompted much of the popularity of the treatment. A citizen's libertyinterests include the right to refuse medical treatment, which wouldpresumably include the castration treatment. The treatmenttreads upon the Eighth Amendment prohibition against cruel and unusualpunishment and the Fourteenth Amendment rights of privacy, procreation, andliberty. "Chemical Castration - Breaking the Cycle of Paraphiliac Recidivism." Social Justice. The castration treatmentscould have the exact opposite effect on some offenders. Paraphiliacs (peoplewith uncontrollable biological sexual urges) are the type of sex offendersthat are most affected by Depo Provera (chemical castration) treatment."Studies have shown that through the use of such a regimen of weekly DepoProvera injections, paraphiliacs' recidivism rates drop substantially fromupwards of 9 % to as low as 2%" (Meisenkothen 139). The infringement of all ofthese rights is balanced with the importance of the government interestthat would infringe upon them. 1 Apr. Despite the fact that chemical castration is only effective ona small group of sex offenders, under the California statute all secondtime offenders will be offered the choice of taking the Depo Proveratreatments in order to get paroled. Because the castration is not an effective treatment forthem, it qualifies as punishment and raises the question of whether it isprohibited as cruel and unusual (Meisenkothen 144). (Lacayo 55)In addition to only being effective for paraphiliacs, Depo Provera is alsocompletely ineffective for women, who frequently use Depo Provera forcontraception and suffer no effect on their sex drive. WORKS CITEDKaihla, Paul. This widespread injection of the chemicalcastration treatment into the criminal justice system before theeffectiveness and weaknesses of the treatment are fully understood is amistake. In contradiction towhat the name might suggest, chemical castration does not involve thephysical removal of any organs, and its effects will reverse by themselvesafter treatment is discontinued. 1 8, 13 Feb.
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