May 2007:Abstract:
Sexually violent predator (SVP) laws are inherently suspicious because they incarcerate people not because of what they have done, but because of what they might do. The implicit assumption that sex offenders cannot control themselves is contradicted by recidivism data published by the U.S. Department of Justice in 2003.
In practice the SVP laws violate due process by relying on an instrument - the Static 99 - that is so inaccurate that it condemns seven individuals for every one that would re-offend.
Furthermore, the Static 99 fails to meet the constitutional criteria laid out by the U.S. Supreme Court in Kansas vs. Hendricks, because it does not link an individual's mental illness to his dangerousness. ..Source.. by Tamara Rice Lave, University of Miami, School of Law, 1311 Miller Drive, Room G268, Coral Gables, FL 33146, United States
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