CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, January 31, 2011

Wexler on Therapeutic Jurisprudence and the Sentencing Guidelines

Wexler David B. Wexler (University of Puerto Rico - School of Law) has posted Advice for the U.S. Sentencing Commissioners: The Relevance of Therapeutic Jurisprudence and its Literature (Federal Sentencing Reporter, Vol. 23, 2011) on SSRN. Here is the abstract:

This short essay will be part of an issue of the Federal Sentencing Reporter devoted to recommended action for the U.S. Sentencing Commission. The present essay calls attention to the relevance of therapeutic jurisprudence to the sentencing function. It looks at some legal rules and guidelines that do not effectively motivate convicted persons to focus on the future, and it also shows how judges need guidance not only on what sentences to impose but also on the manner and process of sentence imposition.

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I am a Mental Health Practitioner who counsels men who are convicted sex offenders, who are now felons required to register as SO's from 25 years to the rest of their lives. Their offenses: An 18-year-old and a 24-year-old who downloaded porn, including child porn. Both intelligent young men, one with 3 years of college & the other aspiring to go. Both were very depressed and one abusing alcohol at the same time, using substances & porn to numb themselves. Cannot get employment & stigmatized for life. Another family man in his 40's, with depression & self-esteem issues, who got caught up in internet sites & exposed himself. A 21-year-old who believed a 15-year-old when she said she was 19. A Navy veteran who did fondle his 9-year-old stepdaughter several times and then stopped -- inexcusable --but completely rehabilitated and whole, but still condemned for life. The 25-year to life mandates for registering as SO's and the impossibility of finding employment with good pay and benefits is medieval. These laws must change.

Posted by: Carole Denton | Feb 6, 2011 8:40:41 AM

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