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(141) I am assuming that the acquittee is insane at the time she recidivates. Thus, she lacks the capacity for rationality at the time of the crime.
Fourth, my proposal only reaches acquittees who are mentally ill when they recidivate. Acquittees who maintain their sanity but continue to commit crimes after release are quite clearly responsible and should be dealt with according to the standard rules of the criminal justice system.
(161) If there is no method of ensuring that the acquittee continues to take her medication after release, she may quickly become insane again, recidivate, and be rehospitalized.
In a number of states, the offender may file a petition for a rehearing asserting that registration and notification are no longer necessary because he or she is rehabilitated and not at risk to recidivate. (83) However, many statutes require that a sex offender remain registered, and therefore subject to notification laws, for a minimum of ten to fifteen years, and many states require registration for life.
Offenders may even be less likely to participate in treatment and may even be driven to recidivate by the stress of notification.
(104) By formulating the study in this manner, the results suggested only the probability that an incarcerated felon recidivates but gave no data on the rate of recidivism for offenders diverted to alternative sanctions.
First, does time matter, or is the key question simply whether or not a criminal recidivates? Second, to what extent should parameters concerning the shape of known distributions be incorporated into a model?
The goal has been to divide nonviolent criminal offenders into groups--those deemed most likely to recidivate are imprisoned while those assessed to pose less of a threat to society are given alternative sanctions.
The recidivism rate was cumulative, so once an offender was determined a recidivate, his data would not be used to determine future yearly rates.
It is quite possible that an offender selected for the study was arrested out-side the state and would not have been counted as a recidivate. It was also true that inaccuracies and mistakes can be made during the data entry process, the deciphering of arrest reports and the interpretation of offender records.