“The Strings in the Books Ain’t Pulled and Persuaded”: How the Use of Improper Statistics and Unverified Data Corrupts the Judicial Process in Sex Offender Cases

• In Event: Advances in Sexual Offense Policy Research: Civil Commitments and Judicial Decision-Making

Abstract

An examination of a range of judicial decisions involving sexual offender determinations reveals that, frequently, courts rely improperly on inaccurate and under-developed statistics as well as unverified and outdated information. This reliance, too often, underlies rulings that subject the sex offender to significant sanctions and loss of liberty. Additionally, the continuation of the testimonial script that all sex offenders are high recidivists, dangerous, compulsive and untreatable, contributes to the anti-therapeutic effect of shaming and humiliation. This results in isolation, seclusion, lack of dignity; also it further trivializes the judicial process, and violates the tenants of therapeutic jurisprudence.

Authors

• Heather Cucolo, New York Law School

• Michael Louis Perlin, New York Law School; Mental Disability Law & Policy Associates