While a number of constitutional concerns arise with the use of such a procedure, this comment proposes that chemical castration does not violate the constitution for those states that require an offender to undergo such a procedure, the health and safety of the offender is taken into consideration and a number of procedural safeguards protect. - the issue of castration has many layers in terms of its use punitively the biggest area of debate is the rate of success and if sex offender's problem is physical or psychological in addition, is the use of castration constitutional. The chemical castration bill approved last month by the legislature is the latest and splashiest in a trio of laws adopted in the past year to try to stop chronic sex offenders. The issue of castration has many layers in terms of its use punitively the biggest area of debate is the rate of success and if sex offender's problem is physical or psychological.
Hjres 82 (110 th): proposing an amendment to the constitution of the united states allowing castration after conviction for the rape of a child under 16 years of age. Best answer: it's not approved by the fda as use with controlling sex offenders but nine states use it: california was the first us state to specify the use of chemical castration as a punishment for child molestation, following the passage of a modification to section 645 of the california penal code in 1996 this law stipulates that anyone convicted of child molestation with a. Because chemical castration is designed both to shackle the mind and painfully cripple the body of sex offenders, this essay will argue, it is doubly cruel, and should be struck down as a violation of the eighth amendment. Castration & the 8th amendment some countries provide castration - chemical or surgical as a way of alternative or additional penalties for crimes against sexual inviolability of minors as a kind of a punishment castration was used in ancient rome, it was common also in the middle ages.
Castration is a very old practice, most likely dating back to prehistoric times it has a history in many different cultures, but some of the earliest written history of castration dates back to ancient china during the zhou dynasty, dating back to 1100 bce. Castration was typically carried out on the soon-to-be eunuch without his consent in order that he might perform a specific social function this was common in many societies the earliest records for intentional castration to produce eunuchs are from the sumerian city of lagash in the 21st century bc. As one of the most imperative constitutional limitations of the criminal process, its constraints are one of the primal mainstays opposing the unjustifiable use of the american penal process (dressler 494-498. Eight states allow chemical or surgical castration of sex offenders they are: california, florida, georgia, louisiana, montana, oregon, texas, and wisconsin california was the first state to allow chemical castration when its governor signed into law a measure allowing certain sex offenders to receive medroxyprogesterone acetate (mpa.
A resource of american constitutional law from the law library of congress on such topics as: constitutional interpretation, executive privilege, war powers, war powers resolution, state secrets privilege, military tribunals and presidential inherent powers. Oregon state government has a separation of powers similar to the federal government: the question of judicial activism is closely related to constitutional interpretation, statutory construction, and separation of powers. Chemical castration may be considered far less intrusive than the sterilization required in skinner 8 ' because chemical castration is reversible oklahoma at 24 (citing georg kap despite the intru79 siveness of the treatment 177. Chemical castration, the use of medication to lower sex drive, was first prescribed in the us in 1944  although some states had passed castration laws during world war 2, they fell quickly out of favor after the war [8.
- constitutional law was created as the chosen way to preserve the united states of america constitution, ratified by congress in 1783, in respect to its meanings, use, and enforcement, for free government, and equal justice under the law for all americans. The practice of religious castration continued into the christian era, with members of the early church practising celibacy (including castration) for religious purposes, although the extent and even the existence of this practice among christians is subject to debate. Waived constitutional challenge to chemical castration by failing to raise issue in the trial court, but noting evidence of an emerging societal consensus in favor of chemical castration that might. I'm watching issues with jane velez-mitchell on cnn, they're discussing that molester who abducted the 11 year old girl and had 2 babies with her.
We the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the united states of america. Castration is a punishment of higher degree than rigorous imprisonment which is the usual punishment available for child-molestation 5 thus, it is necessary to understand that pedophiles need treatment more punishment and chemical castration is considered the. Many states have proposed some type of legislation regarding castration for sexual offenders(5) for example, in texas, a voluntary castration bill for repeat sexual offenders was introduced recently(6) other states have introduced similar statutes which have failed to pass the state legislature and become law.
This note suggests that because waiver of eighth amendment protections against unjust punishments should never be permitted, only voluntary chemical castration may be adopted as a constitutional punishment12 the penalty of surgical castration, even if submitted to freely, is cruel and unusual. Mandatory chemical castration of criminal sex offenders by elaine a lisko, health law & policy institute a february 12, 1998 report in the new england journal of medicine provides further support for the use of chemical castration to reduce criminal sex offenders' recidivism rate, especially that of pedophiles. Use that fact to give the defendant a lighter sentence) linda beckman, comment, ckzmlcal castration: constitutional issues of due process, equal protection, and cruel and unusual punishment, 100 w va. Rejecting criticism that jefferson as president did not always act in conformity with his previously articulated views, the author maintains that jefferson's use of power was remarkably consistent with his constitutional theory.