Can this be Constitutional?

Alabama governor signs chemical castration bill into law

https://www.cnn.com/2019/06/10/politics/chemical-castraction-alabama-governor-signs-bill/index.html

 

 

Constitutional? As an outsider, I’d guess chemical castration might come under the Eighth amendment, which prohibits "‘cruel and unusual punishment’’.

Be interesting to see what happens in the inevitable appeals. I suspect appeals will reach the US supreme court.

Chemical castration has been used in Australia. A new law allowing chemical castration was passed as recently as 2017.

My opinion: Yes, it’s cruel and its use is controversial at best. Do I approve? Yes; if and only if it can be proved to work AND reduce recidivism. I’m not sure that’s the case.

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“Australia
In 2010, a repeat child sex offender who had been subject to chemical castration was accused of inappropriately touching and kissing a young girl. He was found not guilty by a jury, which was not informed of the context of his previous offenses.[22]”

 

https://en.wikipedia.org/wiki/Chemical_castration

 

"------Convicted child sex offenders would be able to volunteer for chemical castration under the reforms unveiled by the NSW government on Tuesday.

The suite of changes would ease overcrowding in prisons, reduce court delays and ensure dangerous criminals are rigorously supervised once released from jail, the Berejiklian government says.-------"

https://www.sbs.com.au/news/nsw-flags-chemical-castration-of-child-sex-offenders

 

Evidently yes, as it’s already legislated in several states.

I think that it is ultimately up to the SCOTUS to determine whether it is cruel and unusual, or otherwise unconstitutional. In the meantime, however, if someone gives up their jewels as part of a conviction, I don’t think there is a transplant option if in the future the SCOTUS says it is unconstitutional.

 

I once counseled a young lady who had mild mental retardation. She had trouble getting jobs because she was a registered sex offender. She had been friends with a woman and her two sons, aged 14 and 15. At the time, the young lady was 19. The boys convinced her to engage with them sexually. She was subsequently convicted and designated to be a sex offender. Imo, it was improper to tag her with that, but it was consistent with the law. I’m just saying, there can be sex offenders, and then there can be real bad hard core Sex Offenders.