NCJ Number
59636
Journal
Bulletin of the American Academy of Psychiatry and the Law Volume: 5 Issue: 1 Dated: (1977) Pages: 98-110
Date Published
1977
Length
13 pages
Annotation
A SAMPLE OF ALL SEX-RELATED CASES IN TWO CALIFORNIA COUNTIES DURING THE PERIOD 1968 THROUGH 1972 SHOWED THAT A DEFENDANT IS VERY LIKELY TO BE ADJUDGED A MENTALLY DISORDERED SEX OFFENDER (MDSO) IN SOUTHERN CALIFORNIA.
Abstract
ONE JURISDICTION WAS IN THE NORTHERN PART OF THE STATE, ONE IN THE SOUTHERN PART. FIRST, ALL SEX-RELATED CONVICTIONS WERE SURVEYED. THEN PSYCHIATRIC REPORTS WERE OBTAINED FOR THOSE DEFENDANTS FOR WHOM THE MDSO DETERMINATION WAS MADE. (IT IS NOTED THAT THESE PSYCHIATRIC REPORTS ARE PART OF THE PUBLIC RECORD WHILE PROBATION REPORTS ARE SEALED AFTER 30 DAYS.) THE SOUTHERN COUNTY HAD 670 CASES WITH MSDO DETERMINATIONS INITIATED FOR 122 AND 36 ADJUDGED MSDO. THE NORTHERN COUNTY HAD 561 CASES, 34 PROCEEDINGS, AND 6 ADJUDGED MSDO. AN MSDO DETERMINATION MUST BE MADE BY AT LEAST TWO, BUT NOT MORE THAN THREE PSYCHIATRISTS, ONE OF WHOM IS ASSOCIATED WITH A COUNTY OR STATE MEDICAL FACILITY. IN BOTH COUNTIES THESE PSYCHIATRISTS DISAGREED IN ABOUT 30 PERCENT OF CASES. THE REPORTS OFTEN USED VAGUE AND OUTDATED TERMINOLOGY AND OFTEN THE PSYCHIATRISTS RELIED AS MUCH ON PAST CRIMINAL HISTORY AS ON OVERT SYMPTOMS. ON AN AVERAGE, THEY HAD 30 MINUTES IN WHICH TO MAKE THEIR DIAGNOSIS. SINCE BEARING THE LABEL OF MENTALLY DISORDERED CARRIES SERIOUS CONSEQUENCES, THE ENTIRE MDSO PROCESS NEEDS TO BE REVISED, CLEAR CRITERIA SPELLED OUT, AND BETTER DIAGNOSTIC PROCEDURES MANDATED. THE STUDY CONTAINS STATISTICS AND REFERENCES. (GLR)