Sexual Offenders

Question 1

State v. Cook

Answer 1

Facts: Defendant found not guilty by reason of insanity, but still required to register as a sex offender.

Question: Can he still be required to register event though he was not “convicted.”

District Court: No
Appellate Court: Yes
USSC: Yes

“Conviction or other disposition adverse to the subject” means any disposition of charges, except a decision not to prosecute, a dismissal, or an acquittal, except when the acquittal is due to a finding of not guilty by reason of insanity and the person was committed. However, a dismissal entered after a period of probation, suspension, or deferral of sentence shall be considered a disposition adverse to the subject.”

Question 2

Kansas v. Hendricks

Answer 2

Note: Still Good Law Today

Facts: Defendant had a history of sexual abuse of children. After he was in prison, the state wants to apply the sexually violent prisoner act. He was civilly committed. Defendant appealed arguing violation of his constitutional rights (double jeopardy).

USSC Holding: Commitment was not a second punishment. Civil commitment is about treatment not about punishment.