Critical Issues in Criminal Justice: Week 4 Discussion

This discussion board post addresses critical issues in criminal justice, focusing on the Kansas v. Hendricks case and its implications. The student summarizes the key issue and outcome of the case, which involved the civil commitment of a sexually violent predator. The post connects the case to Frank M. Ochberg's article, which argues for the confinement of incurable violent offenders. It also notes the changes in state policies following the Hendricks decision, such as the enactment of sexually violent predator laws. The student expresses agreement with the outcome of the case, supporting the view that dangerous, untreatable offenders should not be released back into society. The post further examines the topic of private prisons, discussing their advantages (reduced government responsibility, maintained population levels, and potentially lower reoffender rates) and drawbacks (longer sentences, empty facilities, potential for violence due to low staffing, and corruption). The post concludes with a critical analysis of the case and private prisons, providing a well-rounded discussion of the issues.

Running head: CRITICAL ISSUE IN CRIMINAL JUSTICE
CRITICAL ISSUE IN CRIMINAL JUSTICE
Name of Student
Name of University
Author Note

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Key issues and outcomes
In the given case Hendrick was convicted on several occasions for sexual molestation of
children. He continued to offend every time he got released from the prison. After serving for 10
years of sentence for the conviction for indecent liberties when Hendrick was scheduled to be
released at the same time the Sexually Violent Predator Act was passed by Kansas. A petition
was filed to commit Hendrick under the provisions of the Act as he was diagnosed as a pedophile
and was not believed to be treated successfully. Hendrick was found to be a sexually violent
predator. The Act was found unconstitutional by the Kansas Supreme Court but the United States
Supreme Court ruled that a statute that allows for the people suffering from mental abnormalities
or personal disorders convicted of offences related to sexual violence a civil commitment and a
scope for long term treatment is constitutional.
Relation of the Case to Ochberg’s Article
According to Frank M Ochberg the constitutional way to save innocent lives is by
confining the lethal predators serving less than life sentence beyond terms that has been imposed
by the criminal courts. In his article Ochberg he suggested that the violent offenders who are
incurable should be confined for life to mental institutions. This could be done by the states by
writing statutes that could affect the genuinely dangerous predators like Hendrick. He further
discussed and agreed with the court’s decision in the case. In the case of Kansas v Hendrick it
was held that the criminals with mental abnormalities that result in predatory behaviors to be
quarantined in a humane and non-punitive way.

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Change of State Policies
The first sexually violent predator law was passed in Washington in 1990 following two
cases of sexual assault and murder. Currently laws similar to Washington and Kansas have been
enacted by around 20 states of the United States and the district of Columbia. Further a
commitment process was passed by the Federal government named Adam Walsh Child
Protection and Safety Act.
Outcome
I am of the opinion that the judgment in the Hendrick case is just and fair. Although
many courts find this law unconstitutional stating the reason of double jeopardy and in the words
of the Supreme court ruling that states – Absent treatment, confinement is imprisonment stating
the fact that most of these criminals are untreatable however I personally agree with Ochberg’s
view if they cannot be treated how can they be sent back to the society.
Private Prison
A few advantages of a private prison are:
 Reduces the size of government’s operational responsibilities and further reducing
taxpayer’s money
 Population levels in the prisons are appropriately maintained
 Lower the rates of reoffenders
Some drawbacks of private prisons are:
 Longer prison sentence time served
 Empty costly facilities are left behind

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 Because of low staffing the private prisons tend to be more violent.
 Creates for the foundation for corruption.

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Reference
Kansas v. Hendricks, 521 U.S. 346 (1996)
Ochberg, F. M. (1999, December 5). Quarantine them beyond their jail terms.Washington Post,
p.B03