Kansas v' Hendricks Basics

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Kansas v. Hendricks Basics
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General Civil Commitment

• 3. Need Inpatient Treatment ( no less
  restrictive alternative)
• 1. Mental Disorder
• 2. Danger to Self of Others

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Top of the line procedures

• Beyond a reasonable doubt
• Jury Trial
• Counsel
• Experts
• Review

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Kansas Statute Standard says

• 1. Convicted of a sexually violent offense
• 2. Confined and Eligible for Release
• 3. Likely to engage in predatory acts of
  sexual violence
• 4. Suffers from Mental Abnormality or Personality
  Disorder which makes 3 likely

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CLEARLY Danger to Others

• 1. Hendricks as devils poster boy.
• 2. But pretty clear equivalent in statute itself
• Conviction and confinement of truly sexually
  violent crime
• Likely to engage in predatory acts of sexual
  violence

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Mental Disorder Equivalent

• Personality Disorder (no definition)
• OR Mental Abnormality

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Mental Abnormality

• Congenital or Acquired Condition
• Affecting emotional or volitional capacity
• Which causes big bad danger

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Constitutional Questions

• 1. Substantive Due Process
• 2. Ex Post Facto
• 3. Double Jeopardy

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Substantive Due Process

• Good enough mental disorder equivalent?

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Ex Post Facto

• Newly enacted punishment for past conduct of
  which he has been convicted and imprisoned?

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Double Jeopardy

• Punishing twice for the same offense?

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Therefore , 64k question is

• Is it CRIMINAL PUNISHMENT or some adequate
  treatment equivalent?