From the sexual psychopath statute to "Megan's law": Psychiatric knowledge in the diagnosis, treatment, and adjudication of sex criminals in New Jersey, 1949-1999

Journal of the History of Medicine and Allied Sciences

Volumn 55, Issue 3, 2000, Pages 292-314

  Cole, Simon A ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

ARTICLE; CHILD; CHILD SEXUAL ABUSE; HISTORY; HUMAN; HUMAN RIGHTS; LEGAL ASPECT; PRISON; PSYCHIATRY; PSYCHOPATHY; SEXUAL CRIME; UNITED STATES;

ANTISOCIAL PERSONALITY DISORDER; CHILD; CHILD ABUSE, SEXUAL; HISTORY, 20TH CENTURY; HUMAN RIGHTS; HUMANS; NEW JERSEY; PRISONS; PSYCHIATRY; SEX OFFENSES;

EID: 0034221047     PISSN: 00225045     EISSN: None     Source Type: Journal    
DOI: 10.1093/jhmas/55.3.292     Document Type: Review

References (99)

1. Philip Jenkins, Moral Panic: Changing Concepts of the Child Molester in Modern America (New Haven: Yale University Press, 1998).
2. Estelle B. Freedman, "'Uncontrolled desires': The response to the sexual psychopath," J. Am. Hist., 1987, 74, 83-106, p. 92; Jenkins, (n. 1) Moral Panic, pp. 49-74.
3. Estelle B. Freedman, "'Uncontrolled desires': The response to the sexual psychopath," J. Am. Hist., 1987, 74, 83-106, p. 92; Jenkins, (n. 1) Moral Panic, pp. 49-74.
4. Freedman, (n. 2), pp. 96-97; Jenkins, (n. 1) Moral Panic, pp. 82-83.
5. Jenkins, (n. 1) Moral Panic, pp. 81-83. An indeterminate sentence gives prison officials the power to determine, within a specified range of time, when to release a convict. While indeterminate sentences were intended as judicial reforms, to introduce greater flexibility into the penal system, historically they have often functioned as life sentences for stigmatized offenders. See, for example, Nicole Hahn Rafter, Creating Born Criminals (Urbana: University of Illinois Press, 1997), pp. 95-99.
6. Jenkins, (n. 1) Moral Panic, pp. 81-83. An indeterminate sentence gives prison officials the power to determine, within a specified range of time, when to release a convict. While indeterminate sentences were intended as judicial reforms, to introduce greater flexibility into the penal system, historically they have often functioned as life sentences for stigmatized offenders. See, for example, Nicole Hahn Rafter, Creating Born Criminals (Urbana: University of Illinois Press, 1997), pp. 95-99.
7. Freedman, (n. 2), p. 103; George Chauncey, Jr., "The postwar sex crime panic," in William Graebner, ed., True Stories from the American Past, (New York: McGraw-Hill, 1993), pp. 160-78; Jenkins, (n. 1) Moral Panic, pp. 223-29; Stephen Murray Robertson, "Sexuality through the prism of age: Modem culture and sexual violence in New York City" (Ph.D. diss., Rutgers University, 1998), pp. 278-332. Anne Higonnet, Pictures of Innocence: The History and Crisis of Ideal Childhood (London: Thames and Hudson, 1998).
8. Freedman, (n. 2), p. 103; George Chauncey, Jr., "The postwar sex crime panic," in William Graebner, ed., True Stories from the American Past, (New York: McGraw-Hill, 1993), pp. 160-78; Jenkins, (n. 1) Moral Panic, pp. 223-29; Stephen Murray Robertson, "Sexuality through the prism of age: Modem culture and sexual violence in New York City" (Ph.D. diss., Rutgers University, 1998), pp. 278-332. Anne Higonnet, Pictures of Innocence: The History and Crisis of Ideal Childhood (London: Thames and Hudson, 1998).
9. Freedman, (n. 2), p. 103; George Chauncey, Jr., "The postwar sex crime panic," in William Graebner, ed., True Stories from the American Past, (New York: McGraw-Hill, 1993), pp. 160-78; Jenkins, (n. 1) Moral Panic, pp. 223-29; Stephen Murray Robertson, "Sexuality through the prism of age: Modem culture and sexual violence in New York City" (Ph.D. diss., Rutgers University, 1998), pp. 278-332. Anne Higonnet, Pictures of Innocence: The History and Crisis of Ideal Childhood (London: Thames and Hudson, 1998).
10. Freedman, (n. 2), p. 103; George Chauncey, Jr., "The postwar sex crime panic," in William Graebner, ed., True Stories from the American Past, (New York: McGraw-Hill, 1993), pp. 160-78; Jenkins, (n. 1) Moral Panic, pp. 223-29; Stephen Murray Robertson, "Sexuality through the prism of age: Modem culture and sexual violence in New York City" (Ph.D. diss., Rutgers University, 1998), pp. 278-332. Anne Higonnet, Pictures of Innocence: The History and Crisis of Ideal Childhood (London: Thames and Hudson, 1998).
11. Edwin H. Sutherland, "The diffusion of sexual psychopath laws," Am. J. Social., 1950, 56, 142-48, pp. 145-46.
12. Chauncey, (n. 5), p. 166.
13. Ibid.,p. 169; Sutherland, (n. 6), p. 286; Jenkins, (n. 1) Moral Panic, pp. 90-91; Freedman, (n. 2), p. 95.
14. Homosexuality, transvestitism, pedophilia, fetishism, and sexual sadism were not enumerated as pathologies but as "pathological behaviors." American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (Washington, D.C.: APA, 1952), pp. 38-39.
15. In this respect, New Jersey resembled other states, where specific grisly sex crimes, usually directed against children, stimulated popular and political demands for new measures against sex offenders. Jenkins, (n. 1) Moral Panic, pp. 50-58.
16. In practice, Ralph Brancale, the State Psychiatrist and Director-designate of the Diagnostic Center, would travel the state performing the diagnoses along with a local psychiatrist. Offenders diagnosed with an "abnormal mental illness" would be assigned to "an appropriate institution," which, in almost all cases, meant a state mental hospital. Alfred B. Vuocolo, The Repetitive Sex Offender (Menlo Park: New Jersey State Diagnostic Center, 1909), pp. 35-42; New Jersey, Public Laws (1949), chap. 20. Also see Alfred B. Vuocolo, "The administration of the New Jersey sex offender program" (Ph.D. diss., New York University, 1967).
17. In practice, Ralph Brancale, the State Psychiatrist and Director-designate of the Diagnostic Center, would travel the state performing the diagnoses along with a local psychiatrist. Offenders diagnosed with an "abnormal mental illness" would be assigned to "an appropriate institution," which, in almost all cases, meant a state mental hospital. Alfred B. Vuocolo, The Repetitive Sex Offender (Menlo Park: New Jersey State Diagnostic Center, 1909), pp. 35-42; New Jersey, Public Laws (1949), chap. 20. Also see Alfred B. Vuocolo, "The administration of the New Jersey sex offender program" (Ph.D. diss., New York University, 1967).
18. In practice, Ralph Brancale, the State Psychiatrist and Director-designate of the Diagnostic Center, would travel the state performing the diagnoses along with a local psychiatrist. Offenders diagnosed with an "abnormal mental illness" would be assigned to "an appropriate institution," which, in almost all cases, meant a state mental hospital. Alfred B. Vuocolo, The Repetitive Sex Offender (Menlo Park: New Jersey State Diagnostic Center, 1909), pp. 35-42; New Jersey, Public Laws (1949), chap. 20. Also see Alfred B. Vuocolo, "The administration of the New Jersey sex offender program" (Ph.D. diss., New York University, 1967).
19. Paul W. Tappan, The Habitual Sex Offender: Report and Recommendations of the Commission on the Habitual Sex Offender (Trenton: New Jersey Commission on the Habitual Sex Offender, 1950), pp. 14, 22-24, 44. See New Jersey Senate Joint Resolution, 10 March 1949, stating "there is a definite trend toward the habitual repetition of sex offenses by a specific group of persons," quoted in Tappan, p. 5. In this view, Tappan's report echoed the report of the Mayor's Committee for the Study of Sex Offenses, which had been issued in New York City in 1943. That Committee found that most sex crimes were committed by first offenders, that sex offenders were more likely to have prior arrests for non-sexual crimes than sex crimes, and that "sex crime is not habitual behavior for the great majority of convicted sex offenders." Earlier New York reports on sex crime had presented similar findings. These reports had been issued in response to New York's own sex-crime panic, which had erupted earlier, in 1937. Mayor's Committee for the Study of Sex Offenses, Report (New York: City of New York, 1943), pp. 11, 89-95; Citizens Committee on the Control of Crime in New York, Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1938); Citizens Committee on the Control of Crime in New York, The Problem of Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1939), p. 15; Freedman, (n. 2), p. 94; Jenkins, (n. 1) Moral Panic, p. 51.
20. Paul W. Tappan, The Habitual Sex Offender: Report and Recommendations of the Commission on the Habitual Sex Offender (Trenton: New Jersey Commission on the Habitual Sex Offender, 1950), pp. 14, 22-24, 44. See New Jersey Senate Joint Resolution, 10 March 1949, stating "there is a definite trend toward the habitual repetition of sex offenses by a specific group of persons," quoted in Tappan, p. 5. In this view, Tappan's report echoed the report of the Mayor's Committee for the Study of Sex Offenses, which had been issued in New York City in 1943. That Committee found that most sex crimes were committed by first offenders, that sex offenders were more likely to have prior arrests for non-sexual crimes than sex crimes, and that "sex crime is not habitual behavior for the great majority of convicted sex offenders." Earlier New York reports on sex crime had presented similar findings. These reports had been issued in response to New York's own sex-crime panic, which had erupted earlier, in 1937. Mayor's Committee for the Study of Sex Offenses, Report (New York: City of New York, 1943), pp. 11, 89-95; Citizens Committee on the Control of Crime in New York, Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1938); Citizens Committee on the Control of Crime in New York, The Problem of Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1939), p. 15; Freedman, (n. 2), p. 94; Jenkins, (n. 1) Moral Panic, p. 51.
21. Paul W. Tappan, The Habitual Sex Offender: Report and Recommendations of the Commission on the Habitual Sex Offender (Trenton: New Jersey Commission on the Habitual Sex Offender, 1950), pp. 14, 22-24, 44. See New Jersey Senate Joint Resolution, 10 March 1949, stating "there is a definite trend toward the habitual repetition of sex offenses by a specific group of persons," quoted in Tappan, p. 5. In this view, Tappan's report echoed the report of the Mayor's Committee for the Study of Sex Offenses, which had been issued in New York City in 1943. That Committee found that most sex crimes were committed by first offenders, that sex offenders were more likely to have prior arrests for non-sexual crimes than sex crimes, and that "sex crime is not habitual behavior for the great majority of convicted sex offenders." Earlier New York reports on sex crime had presented similar findings. These reports had been issued in response to New York's own sex-crime panic, which had erupted earlier, in 1937. Mayor's Committee for the Study of Sex Offenses, Report (New York: City of New York, 1943), pp. 11, 89-95; Citizens Committee on the Control of Crime in New York, Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1938); Citizens Committee on the Control of Crime in New York, The Problem of Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1939), p. 15; Freedman, (n. 2), p. 94; Jenkins, (n. 1) Moral Panic, p. 51.
22. Paul W. Tappan, The Habitual Sex Offender: Report and Recommendations of the Commission on the Habitual Sex Offender (Trenton: New Jersey Commission on the Habitual Sex Offender, 1950), pp. 14, 22-24, 44. See New Jersey Senate Joint Resolution, 10 March 1949, stating "there is a definite trend toward the habitual repetition of sex offenses by a specific group of persons," quoted in Tappan, p. 5. In this view, Tappan's report echoed the report of the Mayor's Committee for the Study of Sex Offenses, which had been issued in New York City in 1943. That Committee found that most sex crimes were committed by first offenders, that sex offenders were more likely to have prior arrests for non-sexual crimes than sex crimes, and that "sex crime is not habitual behavior for the great majority of convicted sex offenders." Earlier New York reports on sex crime had presented similar findings. These reports had been issued in response to New York's own sex-crime panic, which had erupted earlier, in 1937. Mayor's Committee for the Study of Sex Offenses, Report (New York: City of New York, 1943), pp. 11, 89-95; Citizens Committee on the Control of Crime in New York, Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1938); Citizens Committee on the Control of Crime in New York, The Problem of Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1939), p. 15; Freedman, (n. 2), p. 94; Jenkins, (n. 1) Moral Panic, p. 51.
23. Paul W. Tappan, The Habitual Sex Offender: Report and Recommendations of the Commission on the Habitual Sex Offender (Trenton: New Jersey Commission on the Habitual Sex Offender, 1950), pp. 14, 22-24, 44. See New Jersey Senate Joint Resolution, 10 March 1949, stating "there is a definite trend toward the habitual repetition of sex offenses by a specific group of persons," quoted in Tappan, p. 5. In this view, Tappan's report echoed the report of the Mayor's Committee for the Study of Sex Offenses, which had been issued in New York City in 1943. That Committee found that most sex crimes were committed by first offenders, that sex offenders were more likely to have prior arrests for non-sexual crimes than sex crimes, and that "sex crime is not habitual behavior for the great majority of convicted sex offenders." Earlier New York reports on sex crime had presented similar findings. These reports had been issued in response to New York's own sex-crime panic, which had erupted earlier, in 1937. Mayor's Committee for the Study of Sex Offenses, Report (New York: City of New York, 1943), pp. 11, 89-95; Citizens Committee on the Control of Crime in New York, Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1938); Citizens Committee on the Control of Crime in New York, The Problem of Sex Offenses in New York City (New York: Citizens Committee on the Control of Crime in New York, 1939), p. 15; Freedman, (n. 2), p. 94; Jenkins, (n. 1) Moral Panic, p. 51.
24. Tappan, (n. 12) Habitual Sex Offender, pp. 47-48.
25. Vuocolo, (n. 11) Repetitive Sex Offender, pp. 38-39; New Jersey Public Laws (1950), chap. 207.
26. Vuocolo, (n. 11) Repetitive Sex Offender, pp. 38-39; New Jersey Public Laws (1950), chap. 207.
27. Most of the states whose sexual psychopath statutes were not quickly nullified, were those which similarly established some institution to go along with the legal changes. In 1951, Wisconsin opened the Waupun sex offender facility, and Maryland opened the Patuxent therapeutic prison. California established the Atascadero State Hospital, designated exclusive for "mentally disordered sex offenders," in 1954. Unlike these other states, however, New Jersey situated psychiatric expertise at the front end of the process, the diagnosis, rather than at the treatment stage. Jenkins, (n. 1) Moral Panic, pp. 87-89, 114-15; Tappan, (n. 12) Habitual Sex Offender, p. 34; Francis L. Camey, Criminality and Its Treatment: The Patuxent Experience (Malabar, Fla.: Krieger, 1989); Gary Kinsman, Regulation of Desire: Homo and Hetero Sexualities (Montreal: Black Rose, 1996).
28. Most of the states whose sexual psychopath statutes were not quickly nullified, were those which similarly established some institution to go along with the legal changes. In 1951, Wisconsin opened the Waupun sex offender facility, and Maryland opened the Patuxent therapeutic prison. California established the Atascadero State Hospital, designated exclusive for "mentally disordered sex offenders," in 1954. Unlike these other states, however, New Jersey situated psychiatric expertise at the front end of the process, the diagnosis, rather than at the treatment stage. Jenkins, (n. 1) Moral Panic, pp. 87-89, 114-15; Tappan, (n. 12) Habitual Sex Offender, p. 34; Francis L. Camey, Criminality and Its Treatment: The Patuxent Experience (Malabar, Fla.: Krieger, 1989); Gary Kinsman, Regulation of Desire: Homo and Hetero Sexualities (Montreal: Black Rose, 1996).
29. Most of the states whose sexual psychopath statutes were not quickly nullified, were those which similarly established some institution to go along with the legal changes. In 1951, Wisconsin opened the Waupun sex offender facility, and Maryland opened the Patuxent therapeutic prison. California established the Atascadero State Hospital, designated exclusive for "mentally disordered sex offenders," in 1954. Unlike these other states, however, New Jersey situated psychiatric expertise at the front end of the process, the diagnosis, rather than at the treatment stage. Jenkins, (n. 1) Moral Panic, pp. 87-89, 114-15; Tappan, (n. 12) Habitual Sex Offender, p. 34; Francis L. Camey, Criminality and Its Treatment: The Patuxent Experience (Malabar, Fla.: Krieger, 1989); Gary Kinsman, Regulation of Desire: Homo and Hetero Sexualities (Montreal: Black Rose, 1996).
30. Most of the states whose sexual psychopath statutes were not quickly nullified, were those which similarly established some institution to go along with the legal changes. In 1951, Wisconsin opened the Waupun sex offender facility, and Maryland opened the Patuxent therapeutic prison. California established the Atascadero State Hospital, designated exclusive for "mentally disordered sex offenders," in 1954. Unlike these other states, however, New Jersey situated psychiatric expertise at the front end of the process, the diagnosis, rather than at the treatment stage. Jenkins, (n. 1) Moral Panic, pp. 87-89, 114-15; Tappan, (n. 12) Habitual Sex Offender, p. 34; Francis L. Camey, Criminality and Its Treatment: The Patuxent Experience (Malabar, Fla.: Krieger, 1989); Gary Kinsman, Regulation of Desire: Homo and Hetero Sexualities (Montreal: Black Rose, 1996).
31. Albert Ellis and Ralph Brancale, The Psychology of Sex Offenders (Springfield, Ill.: Charles C. Thomas, 1956), p. 37 (emphasis in original).
32. Around two-thirds of the deviants were diagnosed as neurotic; about half of these were "anxiety-inhibited." A significant minority were schizoid. The nondeviants were about evenly divided among "normal," anxiety-inhibited neurotic, or suffering from a character disorder such as sociopathy or inadequacy. The diagnostic center recommended that about half the deviants be institutionalized and about half sentenced to probation with treatment. The courts accepted the recommendation around 90 percent of the time. Vuocolo, (n. 11) Repetitive Sex Offender, pp. 57-93.
33. Vuocolo, (n. 11) Repetitive Sex Offender, pp. 53-56.
34. William E. Prendergast, Jr., "Problems encountered in the implementation of the sex offender act by the Rahway Treatment Unit," Crim. Just. Q., 1975, 3(2), 58-66, p. 62; New Jersey Adult Diagnostic and Treatment Center [hereafter ADTC], Historical Overview (Avenel, N.J.: Adult Diagnostic and Treatment Center, 1994); Freedman, (n. 2), p. 99.
35. William E. Prendergast, Jr., "Problems encountered in the implementation of the sex offender act by the Rahway Treatment Unit," Crim. Just. Q., 1975, 3(2), 58-66, p. 62; New Jersey Adult Diagnostic and Treatment Center [hereafter ADTC], Historical Overview (Avenel, N.J.: Adult Diagnostic and Treatment Center, 1994); Freedman, (n. 2), p. 99.
36. "Coed dies as car plunges in brook," Newark Star-Ledger, 16 March 1964, p. 1; " GOP would probe institutional care," Newark Evening News, 25 May 1965, p. 16. At the time of the investigation, 85 of the 5000 psychiatric patients were "designated deviant" sex offenders. The sex offenders were not segregated; they mixed freely with the general population. New Jersey. General Assembly. Report of the Assembly Committee on Institutions, Public Health and Welfare in Connection with Alleged Illegal and Improper Activities at the State Hospital located at Greystone Park, Morris County, January 1966, Trenton.
37. "Coed dies as car plunges in brook," Newark Star-Ledger, 16 March 1964, p. 1; " GOP would probe institutional care," Newark Evening News, 25 May 1965, p. 16. At the time of the investigation, 85 of the 5000 psychiatric patients were "designated deviant" sex offenders. The sex offenders were not segregated; they mixed freely with the general population. New Jersey. General Assembly. Report of the Assembly Committee on Institutions, Public Health and Welfare in Connection with Alleged Illegal and Improper Activities at the State Hospital located at Greystone Park, Morris County, January 1966, Trenton.
38. "Coed dies as car plunges in brook," Newark Star-Ledger, 16 March 1964, p. 1; " GOP would probe institutional care," Newark Evening News, 25 May 1965, p. 16. At the time of the investigation, 85 of the 5000 psychiatric patients were "designated deviant" sex offenders. The sex offenders were not segregated; they mixed freely with the general population. New Jersey. General Assembly. Report of the Assembly Committee on Institutions, Public Health and Welfare in Connection with Alleged Illegal and Improper Activities at the State Hospital located at Greystone Park, Morris County, January 1966, Trenton.
39. New Jersey Sex Offender Program, Annual Report (Department of Institutions and Agencies, 1969), p. 6. Sex Offender Program, Annual Report, 1970, p. 5.
40. New Jersey Sex Offender Program, Annual Report (Department of Institutions and Agencies, 1969), p. 6. Sex Offender Program, Annual Report, 1970, p. 5.
41. Jenkins, (n. 1) Moral Panic, pp. 102-6.
42. Prendergast, (n. 19), pp. 62-63.
43. Fay Honey Knoop, Retraining Adult Sex Offenders: Methods and Models (Orwell, Vt.: Safer Society Press, 1984), p. 148. As the only stand-alone prison built exclusively for sex offenders, ADTC joined a handful of therapeutic prisons, including Atascadero in California, Patuxent in Maryland, Grendon in the U.K, and Herstedvester in Denmark. On Patuxent, see Carney (n. 15). On Grendon, see Elaine Genders and Elaine Player, Grendan: A Study of a Therapeutic Prison (Oxford: Clarendon Press, 1995).
44. Fay Honey Knoop, Retraining Adult Sex Offenders: Methods and Models (Orwell, Vt.: Safer Society Press, 1984), p. 148. As the only stand-alone prison built exclusively for sex offenders, ADTC joined a handful of therapeutic prisons, including Atascadero in California, Patuxent in Maryland, Grendon in the U.K, and Herstedvester in Denmark. On Patuxent, see Carney (n. 15). On Grendon, see Elaine Genders and Elaine Player, Grendan: A Study of a Therapeutic Prison (Oxford: Clarendon Press, 1995).
45. ADTC, (n. 19) Historical Overview, New Jersey Adult Diagnostic and Treatment Center, Annual Report (Avenel, 1976).
46. Barbara K. Schwartz and Henry R. Cellini, eds., The Sex Offender: Corrections, Treatment and Legal Practice (Kingston, N.J.: Civic Research Institute, 1995); ADTC, Annual Report, 1978, pp. 11-13.
47. Barbara K. Schwartz and Henry R. Cellini, eds., The Sex Offender: Corrections, Treatment and Legal Practice (Kingston, N.J.: Civic Research Institute, 1995); ADTC, Annual Report, 1978, pp. 11-13.
48. ADTC, Annual Report, 1977, p. 13.
49. Jenkins, (n. 1) Moral Panic, pp. 118-44.
50. ADTC, (n. 19) Historical Overview.
51. ADTC, Annual Report, 1981.
52. ADTC, Annual Report, 1980.
53. ADTC, Annual Report, 1984.
54. New Jersey State Legislature, Public Hearing before Assembly Law, Public Safety and Corrections Committee on Status of Sentencing, Treatment, and Incarceration of Sex Offenders in New Jersey (11 July 1986), pp. 2-3, 21-22; ADTC, Annual Report, 1986.
55. New Jersey State Legislature, Public Hearing before Assembly Law, Public Safety and Corrections Committee on Status of Sentencing, Treatment, and Incarceration of Sex Offenders in New Jersey (11 July 1986), pp. 2-3, 21-22; ADTC, Annual Report, 1986.
56. ADTC, Annual Report, 1987, 1988.
57. ADTC, Annual Report, 1989, pp. 1-4; 1992, pp. 1-2.
58. ADTC, Annual Report, 1989, pp. 1-4; 1992, pp. 1-2.
59. Lawrence Wright, "A rapist's homecoming," New Yorker, 4 September 1995, pp. 56-69; ADTC, Annual Report, 1993.
60. Lawrence Wright, "A rapist's homecoming," New Yorker, 4 September 1995, pp. 56-69; ADTC, Annual Report, 1993.
61. Jenkins, (n. 1) Moral Panic, p. 198.
62. Stephen R. Robertson, "Separating the men from the boys: Masculinity, sex crime and the prism of age in the United States, 19305-19605," unpublished manuscript.
63. Alexander D. Brooks, "The constitutionality and morality of civilly committing violent sexual predators," Univ. Puget Sound Law Rev., 1992, 15, 709-54; Jenkins, (n. 1) Moral Panic, pp. 191-92.
64. Alexander D. Brooks, "The constitutionality and morality of civilly committing violent sexual predators," Univ. Puget Sound Law Rev., 1992, 15, 709-54; Jenkins, (n. 1) Moral Panic, pp. 191-92.
65. Alexander D. Brooks, "Megan's law: constitutionality and policy," Crim. Just. Ethics, 1990, 15(1), 56-66, pp. 58-62.
66. New Jersey Joint Legislative Task Force to Study the ADTC, Testimony Regarding the Reorganization of the ADTC Therapy Program, 1 February 1995, pp. 25, 174.
67. Report of the Joint Task Force to Study the Adult Diagnostic and Treatment Center, 19 June 1995, pp. 14-15.
68. "'Megan's Law' is ruled no violation of privacy," Associated Press, 17 March 1999; Linda Greenhouse, "Supreme Court won't weigh 'Megan's Law,'" New York Times, 24 February 1998, pp. B1-B6; "Lawyers plan no appeal on sex offender notices," Associated Press, 13 December 1997; Robert Hanley, "After three years, 'Megan's Law' is set to start in New Jersey," New York Times, 10 December 1997, pp. B1-B4; Jennifer Preston, "Court upholds 'Megan's Law' in split ruling," New York Times, 21 August 1997, pp. A1-A33; "U.S. Appeal Court upholds Megan's Law," Reuters, 20 August 1997; Artway v. Attorney General of State of New Jersey 81 F.3d 1235 (1996); Artway v. Attomey General of New Jersey 876 F.Supp. 666 (1995).
69. "'Megan's Law' is ruled no violation of privacy," Associated Press, 17 March 1999; Linda Greenhouse, "Supreme Court won't weigh 'Megan's Law,'" New York Times, 24 February 1998, pp. B1-B6; "Lawyers plan no appeal on sex offender notices," Associated Press, 13 December 1997; Robert Hanley, "After three years, 'Megan's Law' is set to start in New Jersey," New York Times, 10 December 1997, pp. B1-B4; Jennifer Preston, "Court upholds 'Megan's Law' in split ruling," New York Times, 21 August 1997, pp. A1-A33; "U.S. Appeal Court upholds Megan's Law," Reuters, 20 August 1997; Artway v. Attorney General of State of New Jersey 81 F.3d 1235 (1996); Artway v. Attomey General of New Jersey 876 F.Supp. 666 (1995).
70. "'Megan's Law' is ruled no violation of privacy," Associated Press, 17 March 1999; Linda Greenhouse, "Supreme Court won't weigh 'Megan's Law,'" New York Times, 24 February 1998, pp. B1-B6; "Lawyers plan no appeal on sex offender notices," Associated Press, 13 December 1997; Robert Hanley, "After three years, 'Megan's Law' is set to start in New Jersey," New York Times, 10 December 1997, pp. B1-B4; Jennifer Preston, "Court upholds 'Megan's Law' in split ruling," New York Times, 21 August 1997, pp. A1-A33; "U.S. Appeal Court upholds Megan's Law," Reuters, 20 August 1997; Artway v. Attorney General of State of New Jersey 81 F.3d 1235 (1996); Artway v. Attomey General of New Jersey 876 F.Supp. 666 (1995).
71. "'Megan's Law' is ruled no violation of privacy," Associated Press, 17 March 1999; Linda Greenhouse, "Supreme Court won't weigh 'Megan's Law,'" New York Times, 24 February 1998, pp. B1-B6; "Lawyers plan no appeal on sex offender notices," Associated Press, 13 December 1997; Robert Hanley, "After three years, 'Megan's Law' is set to start in New Jersey," New York Times, 10 December 1997, pp. B1-B4; Jennifer Preston, "Court upholds 'Megan's Law' in split ruling," New York Times, 21 August 1997, pp. A1-A33; "U.S. Appeal Court upholds Megan's Law," Reuters, 20 August 1997; Artway v. Attorney General of State of New Jersey 81 F.3d 1235 (1996); Artway v. Attomey General of New Jersey 876 F.Supp. 666 (1995).
72. "'Megan's Law' is ruled no violation of privacy," Associated Press, 17 March 1999; Linda Greenhouse, "Supreme Court won't weigh 'Megan's Law,'" New York Times, 24 February 1998, pp. B1-B6; "Lawyers plan no appeal on sex offender notices," Associated Press, 13 December 1997; Robert Hanley, "After three years, 'Megan's Law' is set to start in New Jersey," New York Times, 10 December 1997, pp. B1-B4; Jennifer Preston, "Court upholds 'Megan's Law' in split ruling," New York Times, 21 August 1997, pp. A1-A33; "U.S. Appeal Court upholds Megan's Law," Reuters, 20 August 1997; Artway v. Attorney General of State of New Jersey 81 F.3d 1235 (1996); Artway v. Attomey General of New Jersey 876 F.Supp. 666 (1995).
73. "'Megan's Law' is ruled no violation of privacy," Associated Press, 17 March 1999; Linda Greenhouse, "Supreme Court won't weigh 'Megan's Law,'" New York Times, 24 February 1998, pp. B1-B6; "Lawyers plan no appeal on sex offender notices," Associated Press, 13 December 1997; Robert Hanley, "After three years, 'Megan's Law' is set to start in New Jersey," New York Times, 10 December 1997, pp. B1-B4; Jennifer Preston, "Court upholds 'Megan's Law' in split ruling," New York Times, 21 August 1997, pp. A1-A33; "U.S. Appeal Court upholds Megan's Law," Reuters, 20 August 1997; Artway v. Attorney General of State of New Jersey 81 F.3d 1235 (1996); Artway v. Attomey General of New Jersey 876 F.Supp. 666 (1995).
74. Kansas v. Hendricks 117 S.Ct. 2072 (1997).
75. Brooks, (n. 39), pp. 715-33. See American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 3rd ed., revised (Washington, D.C.: APA, 1987), pp. 279-90; Alexander D. Brooks, "The civil commitment of pathologically violent sex offenders," Admin. Policy Mental Health, 1994, 21(5), 417-28, p. 424.
76. Brooks, (n. 39), pp. 715-33. See American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 3rd ed., revised (Washington, D.C.: APA, 1987), pp. 279-90; Alexander D. Brooks, "The civil commitment of pathologically violent sex offenders," Admin. Policy Mental Health, 1994, 21(5), 417-28, p. 424.
77. Claudine M. Leone, "New Jersey Assembly Bill 155 - A bill allowing the civil commitment of violent sex offenders after the completion of a criminal sentence," Seton Hall Legis. J., 1994, 18, 890-909, pp. 906-7.
78. Brief for the American Psychiatric Association as Amicus Curiae in Support of Leroy Hendricks (1996).
79. The use of the term "predator" to refer to sex criminals did not occur until 1987, and did not become common until 1990. It has been traced to the true-crime writers Andrew Vachss and Jack Olsen. Jenkins, (n. 1) Moral Panic, pp. 193-94.
80. Brooks, (n. 39), pp. 730-32.
81. Kansas v. Hendricks (n. 44).
82. Ibid.
83. James R. Kincaid, Erotic Innocence: The Culture of Child Molesting (Durham, N.C.: Duke University Press, 1998).
84. I am drawing on Andrew Abbott's model of competing professional groups. Andrew Abbott, The System of Professions: An Essay on the Division of Expert Labor (Chicago: University of Chicago Press, 1988).
85. See, for example, Ellis and Brancale (n. 16) Psychology; Karl M. Bowman, "The challenge of sex offenders: psychiatric aspects of the problem," Mental Hyg., 1938, 22, 10-20; David Abrahamsen, "Study of 102 sex offenders at Sing Sing," Fed. Probation, 1950, 14(3), 26-32; Joseph Wortis, "Sex taboos, sex offenders and the law," Am. J. Orthopsych., 1939, 9(3), 554-64; Benjamin Karpman, The Sexual Offender and His Offences: Etiology, Pathology, Psychodynamics and Treatment (New York: Julian Press, 1954).
86. See, for example, Ellis and Brancale (n. 16) Psychology; Karl M. Bowman, "The challenge of sex offenders: psychiatric aspects of the problem," Mental Hyg., 1938, 22, 10-20; David Abrahamsen, "Study of 102 sex offenders at Sing Sing," Fed. Probation, 1950, 14(3), 26-32; Joseph Wortis, "Sex taboos, sex offenders and the law," Am. J. Orthopsych., 1939, 9(3), 554-64; Benjamin Karpman, The Sexual Offender and His Offences: Etiology, Pathology, Psychodynamics and Treatment (New York: Julian Press, 1954).
87. See, for example, Ellis and Brancale (n. 16) Psychology; Karl M. Bowman, "The challenge of sex offenders: psychiatric aspects of the problem," Mental Hyg., 1938, 22, 10-20; David Abrahamsen, "Study of 102 sex offenders at Sing Sing," Fed. Probation, 1950, 14(3), 26-32; Joseph Wortis, "Sex taboos, sex offenders and the law," Am. J. Orthopsych., 1939, 9(3), 554-64; Benjamin Karpman, The Sexual Offender and His Offences: Etiology, Pathology, Psychodynamics and Treatment (New York: Julian Press, 1954).
88. See, for example, Ellis and Brancale (n. 16) Psychology; Karl M. Bowman, "The challenge of sex offenders: psychiatric aspects of the problem," Mental Hyg., 1938, 22, 10-20; David Abrahamsen, "Study of 102 sex offenders at Sing Sing," Fed. Probation, 1950, 14(3), 26-32; Joseph Wortis, "Sex taboos, sex offenders and the law," Am. J. Orthopsych., 1939, 9(3), 554-64; Benjamin Karpman, The Sexual Offender and His Offences: Etiology, Pathology, Psychodynamics and Treatment (New York: Julian Press, 1954).
89. See, for example, Ellis and Brancale (n. 16) Psychology; Karl M. Bowman, "The challenge of sex offenders: psychiatric aspects of the problem," Mental Hyg., 1938, 22, 10-20; David Abrahamsen, "Study of 102 sex offenders at Sing Sing," Fed. Probation, 1950, 14(3), 26-32; Joseph Wortis, "Sex taboos, sex offenders and the law," Am. J. Orthopsych., 1939, 9(3), 554-64; Benjamin Karpman, The Sexual Offender and His Offences: Etiology, Pathology, Psychodynamics and Treatment (New York: Julian Press, 1954).
90. See, for example, Joanne G. Greer and Irving R. Stuart, eds. The Sexual Aggressor: Current Perspectives on Treatment (New York: Van Nostrand, 1983); William D. Pithers, "Relapse prevention with sexual aggressors," Sex Offender Programming, n.d., 3, 4; Knoop (n. 24) Retraining; James J. Krivacska and John Money, eds., The Handbook of Forensic Sexology: Biomedical and Criminological Persepctives (Amherst, N.Y.: Prometheus Books, 1994); Patrick J. Carnes, "Addiction of compulsion: politics or illness?" Sex. Addict. Comptilsivity, 1996, 3(2), 127-50; William D. Murphy and James M. Peters, "Profiling child sexual abusers: psychological considerations," Crim.Just. Behav., 1992, 19(1), 24-37; Robert J. McGrath, "Sex-offender risk assessment and disposition planning: a review of empirical and clinical findings," Intl. J. Offender Ther. Comp. Criminol., 1991, 35(4), 328-50.
91. See, for example, Joanne G. Greer and Irving R. Stuart, eds. The Sexual Aggressor: Current Perspectives on Treatment (New York: Van Nostrand, 1983); William D. Pithers, "Relapse prevention with sexual aggressors," Sex Offender Programming, n.d., 3, 4; Knoop (n. 24) Retraining; James J. Krivacska and John Money, eds., The Handbook of Forensic Sexology: Biomedical and Criminological Persepctives (Amherst, N.Y.: Prometheus Books, 1994); Patrick J. Carnes, "Addiction of compulsion: politics or illness?" Sex. Addict. Comptilsivity, 1996, 3(2), 127-50; William D. Murphy and James M. Peters, "Profiling child sexual abusers: psychological considerations," Crim.Just. Behav., 1992, 19(1), 24-37; Robert J. McGrath, "Sex-offender risk assessment and disposition planning: a review of empirical and clinical findings," Intl. J. Offender Ther. Comp. Criminol., 1991, 35(4), 328-50.
92. See, for example, Joanne G. Greer and Irving R. Stuart, eds. The Sexual Aggressor: Current Perspectives on Treatment (New York: Van Nostrand, 1983); William D. Pithers, "Relapse prevention with sexual aggressors," Sex Offender Programming, n.d., 3, 4; Knoop (n. 24) Retraining; James J. Krivacska and John Money, eds., The Handbook of Forensic Sexology: Biomedical and Criminological Persepctives (Amherst, N.Y.: Prometheus Books, 1994); Patrick J. Carnes, "Addiction of compulsion: politics or illness?" Sex. Addict. Comptilsivity, 1996, 3(2), 127-50; William D. Murphy and James M. Peters, "Profiling child sexual abusers: psychological considerations," Crim.Just. Behav., 1992, 19(1), 24-37; Robert J. McGrath, "Sex-offender risk assessment and disposition planning: a review of empirical and clinical findings," Intl. J. Offender Ther. Comp. Criminol., 1991, 35(4), 328-50.
93. See, for example, Joanne G. Greer and Irving R. Stuart, eds. The Sexual Aggressor: Current Perspectives on Treatment (New York: Van Nostrand, 1983); William D. Pithers, "Relapse prevention with sexual aggressors," Sex Offender Programming, n.d., 3, 4; Knoop (n. 24) Retraining; James J. Krivacska and John Money, eds., The Handbook of Forensic Sexology: Biomedical and Criminological Persepctives (Amherst, N.Y.: Prometheus Books, 1994); Patrick J. Carnes, "Addiction of compulsion: politics or illness?" Sex. Addict. Comptilsivity, 1996, 3(2), 127-50; William D. Murphy and James M. Peters, "Profiling child sexual abusers: psychological considerations," Crim.Just. Behav., 1992, 19(1), 24-37; Robert J. McGrath, "Sex-offender risk assessment and disposition planning: a review of empirical and clinical findings," Intl. J. Offender Ther. Comp. Criminol., 1991, 35(4), 328-50.
94. See, for example, Joanne G. Greer and Irving R. Stuart, eds. The Sexual Aggressor: Current Perspectives on Treatment (New York: Van Nostrand, 1983); William D. Pithers, "Relapse prevention with sexual aggressors," Sex Offender Programming, n.d., 3, 4; Knoop (n. 24) Retraining; James J. Krivacska and John Money, eds., The Handbook of Forensic Sexology: Biomedical and Criminological Persepctives (Amherst, N.Y.: Prometheus Books, 1994); Patrick J. Carnes, "Addiction of compulsion: politics or illness?" Sex. Addict. Comptilsivity, 1996, 3(2), 127-50; William D. Murphy and James M. Peters, "Profiling child sexual abusers: psychological considerations," Crim.Just. Behav., 1992, 19(1), 24-37; Robert J. McGrath, "Sex-offender risk assessment and disposition planning: a review of empirical and clinical findings," Intl. J. Offender Ther. Comp. Criminol., 1991, 35(4), 328-50.
95. See, for example, Joanne G. Greer and Irving R. Stuart, eds. The Sexual Aggressor: Current Perspectives on Treatment (New York: Van Nostrand, 1983); William D. Pithers, "Relapse prevention with sexual aggressors," Sex Offender Programming, n.d., 3, 4; Knoop (n. 24) Retraining; James J. Krivacska and John Money, eds., The Handbook of Forensic Sexology: Biomedical and Criminological Persepctives (Amherst, N.Y.: Prometheus Books, 1994); Patrick J. Carnes, "Addiction of compulsion: politics or illness?" Sex. Addict. Comptilsivity, 1996, 3(2), 127-50; William D. Murphy and James M. Peters, "Profiling child sexual abusers: psychological considerations," Crim.Just. Behav., 1992, 19(1), 24-37; Robert J. McGrath, "Sex-offender risk assessment and disposition planning: a review of empirical and clinical findings," Intl. J. Offender Ther. Comp. Criminol., 1991, 35(4), 328-50.
96. See, for example, Joanne G. Greer and Irving R. Stuart, eds. The Sexual Aggressor: Current Perspectives on Treatment (New York: Van Nostrand, 1983); William D. Pithers, "Relapse prevention with sexual aggressors," Sex Offender Programming, n.d., 3, 4; Knoop (n. 24) Retraining; James J. Krivacska and John Money, eds., The Handbook of Forensic Sexology: Biomedical and Criminological Persepctives (Amherst, N.Y.: Prometheus Books, 1994); Patrick J. Carnes, "Addiction of compulsion: politics or illness?" Sex. Addict. Comptilsivity, 1996, 3(2), 127-50; William D. Murphy and James M. Peters, "Profiling child sexual abusers: psychological considerations," Crim.Just. Behav., 1992, 19(1), 24-37; Robert J. McGrath, "Sex-offender risk assessment and disposition planning: a review of empirical and clinical findings," Intl. J. Offender Ther. Comp. Criminol., 1991, 35(4), 328-50.
97. New Jersey, Public Laws (1978), chap. 95.
98. This may signal the beginning of the end of a medicalized discourse about criminality that dates back more than century. Michel Foucault, "About the concept of the 'dangerous individual' in 19th century legal psychiatry," Intl. J. Law Psych., 1978, 1, 1-18.
99. I am grateful to Allan Horwitz for suggesting this formulation.