7-16-2012 Massachusetts:The Supreme Judicial Court has ruled that an accused sex offender’s refusal to undergo treatment may under some circumstances not be admitted in civil commitment proceedings.
“[A]lthough evidence that a defendant in an SDP civil commitment proceeding did not receive sex offender treatment is admissible, we conclude that it is error to admit evidence that a defendant refused sex offender treatment where he could receive such treatment only by waiving confidentiality,” Justice Ralph D. Gants wrote for a unanimous court (Commonwealth v Hunt).
“Where sex offender treatment is conditioned on a waiver of confidentiality, refusal of treatment alone is insufficient to support an inference that the prisoner does not want to be treated,” the SJC reasoned. “If the Commonwealth were to provide sex offender therapy without requiring a waiver of confidentiality, then this inference arising from refusal would be fair and reasonable.” ..Source.. by Mass. Lawyers Weekly
No comments:
Post a Comment
We use the Disqus Commenting system, please wait for it to load. Also, comments are moderated, please stick to the issue of the post, as we are trying to have an intelligent, relevant discussion which develops the post. Comments deviating from topic of post will not be posted. Thanks