Sex Offender Flashcards
Kansas v. Hendricks (1997)
Does SVP violate all the things (Due process, double jeopardy, etc.): NOPE
Kansas supreme court said it was unconstitutional SCOTUS rules that Kansas’s statute was constitutional Statute was civil, not criminal. Therefore did not violate ex post facto or double jeopardy Further did not violate due process because required considerable evidence of past violent sexual behavior Broad definition of mental abnormality or personality disorder was sufficient Treatment is not an essential element of civil commitment – but also not punitive in nature because could be released if not dangerous anymore.
Kansas v. Crane (2002)
Does Kansas v. Hendricks ruling mean the state has to prove a dangerous individual is completely unable to control his behavior: NOPE
Serious difficulty controlling behavior is adequate. Some dissenting opinions because this leaves it too vague and problematic for a jury.
US v. Comstock (2010)
Can congress enact legislation (Federal Statute 4248) to civilly commit convicted, sexually violent FEDERAL prisoners beyond their schedule release date: SURE CAN!
SCOTUS held that Necessary and Proper Clause (N&PC) grants Congross authority to enact Adam Walsh on sited the following:
NP&C grants broad authority (maintain security of those who are not imprisoned by may be affected by the federal imprisonment of others)
Congress has historically given MH care/tx to federal prisoners
Protecting the community from potential risks posed by SVP is good reason
Does not violate 10th amendment
It’s narrow in scope and doesn’t give “general police power” only applies to those in federal custody.
US v TOM (2009)
Is 4248 unconstitutional since it violates due process and equal protection clauses: NOPE
“the statute is a responsible exercise of federal power over individuals subject to continuing federal jurisdiction.”
The Eighth Circuit found that, because Congress had authority under the Commerce Clause to criminalize the criminal conduct of the defendant (who had crossed state lines to engage in sexual acts with a minor), it “has the ancillary authority under the Necessary and Proper Clause to provide for his civil commitment so that he may be prevented from its commission in the first place.”
