CRM/LAW C105 Lecture Notes - Lecture 15: Stephen Breyer
14 Mar 2016
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Hendricks tried to repeal to supreme court. Constitutional challenges: due process right to counsel and trial. Foucha v. louisiana: dangerous and mentally ill court rejected this argument and said states have right to define. Hendricks argued that he already served his sentence: ex post facto can"t retroactively apply laws it"s what the law is at the time of the behavior that matters lawmakers created this law specifically for hendricks. Supreme court: kansas"s statute is not a criminal function but a civil function, hendricks" arguments do not apply because it"s a civil case. Sexual psychopath laws (1960s: have to be treatable. Svp laws explicitly have no such requirements: offenders don"t have to be treatable only 300 of 800 are actually getting treatment. Disease? preventative confinement assumes disease: the person is non-culpably responsible (insane) requiring a past conviction renders this justification untenable.
