What is cruel and unusual punishment, though considered in the legal realm an objective standard, is experienced by defendants in different ways. The DOC administers the treatment. The desired effect of the drug is that decreased testosterone levels will lead to a reduction in sexually-motivated crimes.
Criminal Defense Attorneys to Protect Clients From Cruel and Unusual Punishment What is cruel and unusual punishment, though considered in the legal realm an objective standard, is experienced by defendants in different ways. Sentencing Options for Sex Offenders Promoted by Several States Generally, many of the states that approve of the use of castration opt for chemical castration over physical castration.
Berlin says the motivation is often more political than than medical, and the result is a less-than-informed approach to solving a complicated problem. Our Sexual Assault Justice Experts are here to help survivors secure justice.
Some of the side-effects related to the drug besides decreased sexual urges are: a loss of body hair, hot and cold flashes, impotence, depression, thrombosis, and weight gain. Sections U. Capt Charles Munsey Jr.
The Department of Corrections DOC administers the treatment, which parolees must begin one week before their release from custody and must continue until DOC determines that it is no longer necessary. According to Florida law, courts must sentence repeat offenders of sexual battery to MPA treatment but may choose to administer it to first-time offenders.
In lieu of treatment, a defendant may ask for and a court may order physical castration if it finds the defendant ' s consent to be intelligent, knowing, and voluntary.
Courts may order first offenders of certain sex crimes committed against children under age 13 to undergo MPA treatment or its chemical equivalent before they are paroled. In a study published in Germany, the recidivism rate was 3 percent for castrated offenders whereas non-castrated offenders had a rate of 46 percent.
A court may sentence an offender who is convicted of sexual assault, rape, or incest involving a minor under age 16 and who is at least three years older than the victim to undergo MPA, its chemical equivalent, or any other medically safe drug treatment that reduces sexual fantasies, sex drive, or both.
The DOC must establish a pilot treatment program each year for 40 to 50 sex offenders who are eligible for parole or post-prison supervision. Close Menu.
A court order for treatment is contingent upon a court-appointed medical expert ' s determination that the defendant is an appropriate candidate. In all of these states treatment is a condition of release from custody and generally starts before the offender is released.
Serial offenders are not eligible for probation, parole, or a sentence suspension. You asked for background information on states that allow or require sex offenders to be castrated.