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  • Essay / Is the use of castration constitutional? - 1812

    The question of castration has many layers in terms of its punitive use. The biggest topic of debate is the success rate and whether the sex offender's problem is physical or psychological. Furthermore, is the use of castration constitutional? Some argue that compulsory castration is a violation of the Fourteenth and Eighth Amendments. But does the unconstitutional character change when the castration is voluntary and the decision is made by the offender? Furthermore, does calling castration a treatment make it constitutional? There are many questions that need to be addressed, and these are just a few of the reasons why the use of castration is debated. These questions will be addressed by discussing support for castration through empirical data, the constitutional issues involved, and issues associated with the morality of castration. Many studies have been conducted on the use of castration for sex offenders. The two main points discussed were the success rate in reducing libido and the recurrence rate. A number of studies have reached similar results. Analysis of 104 individuals in a German study, conducted between 1970 and 1980, showed that there was a decrease in sexual libido and interest of 75 percent in the six months following surgery. Additionally, the recidivism rate was 3 percent, while unneutered individuals had a 46 percent chance of reoffending. Various studies carried out in Europe reflect similar results (Hickey, 2010). John Branford, a doctor at the Royal Ottawa Hospital, says "generally, the recidivism rate for sex offenders averages 80 percent before castration, dropping to less than 5 percent afterward." (Hickey, 2010, p. 132). Based on the study data, the use of castration among sex offenders... middle of paper ...... if the individual chooses to be castrated? Whether or not castration is used for punitive purposes, the right to procreation and privacy must always be considered. References: Berlin, FS (1997). “Chemical castration” for sex offenders. Retrieved August 12, 2010 from the New England Journal of Medicine: http://www.nejm.org/doi/full/10.1056/NEJM199704033361420 Davenport, AU (2006). Basic Criminal Law: Custom Edition of the United States Constitution, Procedure, and Crime. Upper Saddle River, NJ: Pearson Education, Inc. Hickey, T. J. (2010). Taking Sides: Opposing Views on Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc. Spalding, L. H. (1998). FLORIDA'S CHEMICAL CASTRATION LAW OF 1997: A RETURN TO THE DARK AGES. Retrieved August 12, 2010 from http://neuro.bcm.edu/eagleman/neurolaw/papers/%5BSpalding%5DFloridasChemicalCastrationLaw.pdf