JUST 550 Lecture Notes - Lecture 8: Parens Patriae, Risk Assessment, Pedophilia
Document Summary
State sanctioned, involuntary hospitalizations of individuals with mental disorder who require treatment, care, or incapacitation. Guilty for exposing self to two girls. 2 years for molesting boy and rearrested recently after. Assaulted two more boys and girls, caught fondling young boy. After 1992 release, molested step children for 4 years. Caught fondling boy, given 10 year sentence. Not as remorseful as he could be: kansas"s argument. Case of both police power and parens patriae. He did have a mental illness pedophilia. Someone who can"t control urges and is stressed out is a risk to society lashes out as a way of handling stress : hendrick"s argument. Person cannot be tried and punished twice for the same offense. He was already punished for his crimes. Ex post facto committed: the decision. Kansas supreme court ruled in favor of hendricks. Violation of double jeopardy and ex post facto. First sentence was a criminal conviction, now a civil commitment.
