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Nathaniel J. Pallone - Rehabilitating Criminal Sexual Psychopaths: Legislative Mandates, Clinical Quandaries

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More than half the states in this country have legislation on sex offenders that distinguishes between those whose offense is incidental to other offenses (felony sexual offenders), and those who engage in repetitive, habitual, or compulsive sex offenses (criminal sexual psychopaths). This second category is the subject of this book.

The legislation specifies that criminal sexual psychopaths must be treated, not punished. But treatment is problematic; the literature on various approaches finds uncertainty about the effectiveness of treatment. Pallone asks the difficult question of whether there is a prospective right to effective treatment, and notes the political and ethical questions involved in potentially more effective Clockwork Orange approaches. The ethical burden on mental health clinicians is heavy; despite the fact that the category sexual psychopath is essentially a legal, not a psychiatric category, judges tend to follow professional recommendations as to categorization.

Pallone emerges with some surprising but convincing conclusions. If the distinction between felony and psychopathic sexual offender is essentially empty, as the profession feels it is, it should be abandoned. All criminal sexual offenders should be punished, except those who opt for treatment and who are certified by mental health professionals as likely to benefit. And for those few so identified, society should be prepared to commit significant resources to their treatment.

This speculation on the past, present, and future of criminal sexual deviation comes from a psychologists with a broad command of the literature and deep professional experience in the area. Combining a broad-ranging overview of the legal, criminological, and psychiatric literature on these questions, Rehabilitating Criminal Sexual Psychopaths raises important questions. Legal experts, criminologists, mental health professionals, and all those concerned with public policy will find it significant.

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Rehabilitating Criminal Sexual Psychopaths More than half the states in the US - photo 1
Rehabilitating Criminal Sexual Psychopaths
More than half the states in the US have legislation on sex offenders that distinguishes between those whose offense is incidental to other offenses (felony sexual offenders), and those who engage in repetitive, habitual, or compulsive sex offenses (criminal sexual psychopaths). This second category is the subject of this book. The legislation specifies that criminal sexual psychopaths must be treated, not punished. But treatment is problematic; the literature on various approaches finds uncertainty about the effectiveness of treatment. Pallone asks the difficult question of whether there is a prospective right to effective treatment, and notes the political and ethical questions involved in potentially more effective Clockwork Orange approaches. The ethical burden on mental health clinicians is heavy; despite the fact that the category sexual psychopath is essentially a legal, not a psychiatric, category, judges tend to follow professional recommendations as to categorization. Pallone emerges with some surprising but convincing conclusions. If the distinction between felony and psychopathic sexual offending is essentially empty, as the profession feels it is, it should be abandoned. All criminal sexual offenders should be punished, except those who opt for treatment and who are certified by mental health professionals as likely to benefit. And for those few so identified, society should be prepared to commit significant resources to their treatment. This speculation on the past, present, and future of criminal sexual deviation comes from a psychologist with a broad command of the literature and deep professional experience in the area. Combining a broad-ranging overview of the legal, criminological, and psychiatric literature on these questions, Rehabilitating Criminal Sexual Psychopaths raises important questions. Legal experts, criminologists, mental health professionals, and all those concerned with public policy will find it significant.
Nathaniel J. Pallone (19352004) was University Distinguished Professor of Psychology at the Center of Alcohol Studies, Rutgers University. He served as editor-in-chief of the Journal of Offender Rehabilitation. His published works include Mental Disorder among Prisoners.
Rehabilitating Criminal Sexual Psychopaths
Legislative Mandates, Clinical Quandaries
Nathaniel J. Pallone
Rehabilitating Criminal Sexual Psychopaths Legislative Mandates Clinical Quandaries - image 2
First published 1990 by Transaction Publishers
First published in paperback 2018
by Routledge
711 Third Avenue, New York, NY 10017
and by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
2018 Taylor & Francis
The right of Nathaniel J. Pallone to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
Library of Congress Cataloging-in-Publication Data
Pallone, Nathaniel J.
Rehabilitating criminal sexual psychopaths : legislative mandates,
clinical quandaries / Nathaniel J. Pallone
p. cm.
1. Sex offendersLegal status, laws, etc.United States. 2. Sex offendersRehabilitationUnited States. 3. Sex offendersUnited States.
I. Title
KF9750.5.P35
364.153dc20
ISBN: 978-0-88738-340-3 (hbk)
ISBN: 978-1-351-31688-0 (ebk)
Contents
This volume had its remote origins in the very many after hours discussions I had with the late Dr. Alfred Vuocolo, with whom I had the privilege of serving as a member of New Jerseys Classification Review Board for Sex Offenders for many years before his untimely death. As a recognized authority on criminal sexual psychopath legislation, Dr. Vuocolo invited and stimulated my thinking about the sociolegal bases and implications of what it was we were about as we fulfilled our roles in the execution of the law.
But preparation of this manuscript began in earnest only during a year I spent as a visiting professor at the School of Public Health at Harvard, at the invitation of William R. Curran, Frances Gessner Lee Professor of legal medicine and health policy, to whom I am indebted in very many ways. The manuscript has, I hope, benefited from critical reading by a number of friends and colleagues. I am particularly grateful to Harold Demone, former dean of the School of Social Work at Rutgers and my office-mate at Harvard. Sir Gerhard Mueller of the Graduate School of Criminal Justice at Rutgers provided me with extraordinarily valuable insights into victimization studies. Robert Pandina of the Center for Alcohol Studies at Rutgers and Kirtley Thornton of the Center for Health Psychology, South Plainfield, helped me interpret data from the neurosciences. Donald Biggs of SUNY at Albany introduced me to his daughters research on the history of sex crime legislation in New England. James Hennessy of Fordham played the role of devils advocate that he has perfected in relation to my manuscripts over 20 years, though perhaps with greater zest because of his own interest in sex offenses.
Joanne Williams, my research assistant, has been particularly efficient, not to say also tolerant of my somewhat erratic demands. Adeline Tallau of the Rutgers Library of Science and Medicine and Phyllis Schulze of the National Council on Crime and Delinquency Library at the Newhouse Center for Law and Justice on the Newark campus of Rutgers have been incredibly effective in helping me locate obscure references. Letitia, my spouse and partner, has, as ever, been directly supportive in very many ways as well as understanding of my peculiar work habits.
Nathaniel J. Pallone
1 Both Guilty and Mentally Ill
Topography of a Twilight Zone
In the usual case, the issue of the mental health or illness of a defendant to charges of felony crime arises if and only if the defendant elects on his or her own initiative to plead not guilty by reason of insanity
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