NCJ Number
86124
Journal
Criminal Justice Journal Volume: 4 Issue: 1 Dated: (Fall 1980) Pages: 85-94
Date Published
1980
Length
10 pages
Annotation
This paper, included in a symposium edition focusing on California's treatment of the mentally disordered sex offender (MSDO), argues that the successful defense attorney must know the client as well as the law to provide adequate representation.
Abstract
A complete familiarity with the relevant statutes is essential to a proper defense in any case, but due to the complex nature of the statutes applying to sexual offenses in particular, solid research is doubly important. The defense attorney must be familiar with the facilities and local procedures applicable to the MDSO, as well as local attitudes regarding the disposition of cases involving sexual offenses. It is important to know that a defendant need not be found guilty of a sexual crime per se in order to be determined to be an MDSO. An MDSO hearing is mandatory in all cases where the victim is under 14 years of age, and an alleged MDSO must be represented by counsel at the hearing. If the hearing outcome is unsatisfactory to the defendant, a trial de novo must be granted. At the initial interview, the attorney must not only obtain the usual information from clients, but msut also inform them of the penalties and process that result from an MDSO designation. Further investigation of the crime and the client's background are essential. The attorney should then decide whether to request MDSO designation and treatment or commitment to prison. Frequently, hospital commitment results in lack of control over the client's freedom, and the attorney should consider carefully the disadvantages of requesting the MDSO status. Thirty-three footnotes are included.