Sex Offenders

Question 1

Kansas v. Hendricks (1997)

Answer 1

SCOTUS ruled that the Kansas SVP Act was constitutional

mental abnormality was fine, and it was civil, not criminal commitment - commitment not punishment so it was not double jeopardy

Question 2

Kansas v. Crane (2002)

Answer 2

SCOTUS ruled that Kansas SVP act was constitutional

required serious difficulty in controlling behavior, not absolute lack - further ruled that SVPS must be distinguished from the dangerous but typical sex offender - thus the presence of mental diagnosis and dangerousness are not enough

Question 3

US v. Tom (2009)

Answer 3

Appellate court affirmed civil commitment of inmate as “sexually dangerous person”

Question 4

US v. Comstock (2010)

Answer 4

SCOTUS ruled that the govt has the authority to enact laws (per Adam Walsh Act) that could confine - civil commitment a person because of “sexual dangerousness”