Kansas v. Hendricks
Encyclopedia
Kansas v. Hendricks is a case in which U.S. Supreme Court set forth procedures for the indefinite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality.
's Sexually Violent Predator Act (Act), any person who, due to "mental abnormality" or "personality disorder
", is likely to engage in "predatory acts of sexual violence
" can be indefinitely confined. Leroy Hendricks and Tim Quinn had an extensive history of sexually molesting children
. When they were due to be released from prison, Kansas filed a petition
under the Act in state court to involuntarily commit Hendricks and Quinn. Hendricks and Quinn challenged the constitutionality
of the Act and requested a trial
by jury
which the court granted. Hendricks and Quinn testified
during the trial that they agreed with the diagnosis
by the state psychiatrist
that Hendricks and Quinn suffer from pedophilia
and admitted that they continued to experience uncontrollable sexual desires for children when under extreme stress. The jury decided that they qualified as sexually violent predators. Since pedophilia is defined as a mental abnormality under the Act, the court ordered that Hendricks be civilly
committed.
Hendricks appealed the validity of his commitment as well as claiming that the state was unconstitutional using ex post facto and double jeopardy
law, to the State Supreme Court
. The court ruled that the Act was invalid on the grounds that the condition of "mental abnormality" did not satisfy the "substantive
" due process
requirement that involuntary civil commitment
must be based on the finding of the presence of a "mental illness". It did not address the claims of ex post-facto and double jeopardy.
The Supreme Court granted Kansas' certiorari
.
their dangerousness.
Further, the court decided the Act does not violate the Constitution's double jeopardy prohibition nor the ban on ex post-facto law because the Act does not establish criminal proceedings and therefore involuntary confinement under it is not punishment. Because the Act is civil
, Hendricks' confinement under the Act is not a second prosecution nor is it double jeopardy. And finally, the court said the Act is not considered punitive if it fails to offer treatment for an untreatable condition.
s which could justify the commitment of large numbers of criminals if the proof
of the likelihood of re-offending required is sufficiently inclusive, which could happen if the requirement of dangerousness is not limited to those with a mental illness, and that if mental abnormality (rather than mental illness) can be the basis for sex offender
commitment, there is a danger that it may expand the basis for traditional civil commitment to personality disorders as well.
In the subsequent Kansas v. Crane
this decision was upheld for an individual that suffered from exhibitionism
and antisocial personality disorder
.
Fact of case
Under KansasKansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
's Sexually Violent Predator Act (Act), any person who, due to "mental abnormality" or "personality disorder
Personality disorder
Personality disorders, formerly referred to as character disorders, are a class of personality types and behaviors. Personality disorders are noted on Axis II of the Diagnostic and Statistical Manual of Mental Disorders or DSM-IV-TR of the American Psychiatric Association.Personality disorders are...
", is likely to engage in "predatory acts of sexual violence
Sexual violence
Sexual violence occurs throughout the world, although in most countries there has been little research conducted on the problem. Due to the private nature of sexual violence, estimating the extent of the problem is difficult...
" can be indefinitely confined. Leroy Hendricks and Tim Quinn had an extensive history of sexually molesting children
Child sexual abuse
Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
. When they were due to be released from prison, Kansas filed a petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
under the Act in state court to involuntarily commit Hendricks and Quinn. Hendricks and Quinn challenged the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the Act and requested a trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
by jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
which the court granted. Hendricks and Quinn testified
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
during the trial that they agreed with the diagnosis
Diagnosis
Diagnosis is the identification of the nature and cause of anything. Diagnosis is used in many different disciplines with variations in the use of logics, analytics, and experience to determine the cause and effect relationships...
by the state psychiatrist
Psychiatrist
A psychiatrist is a physician who specializes in the diagnosis and treatment of mental disorders. All psychiatrists are trained in diagnostic evaluation and in psychotherapy...
that Hendricks and Quinn suffer from pedophilia
Pedophilia
As a medical diagnosis, pedophilia is defined as a psychiatric disorder in adults or late adolescents typically characterized by a primary or exclusive sexual interest in prepubescent children...
and admitted that they continued to experience uncontrollable sexual desires for children when under extreme stress. The jury decided that they qualified as sexually violent predators. Since pedophilia is defined as a mental abnormality under the Act, the court ordered that Hendricks be civilly
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
committed.
Hendricks appealed the validity of his commitment as well as claiming that the state was unconstitutional using ex post facto and double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
law, to the State Supreme Court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
. The court ruled that the Act was invalid on the grounds that the condition of "mental abnormality" did not satisfy the "substantive
Substantive law
Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments , civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.Substantive law stands in contrast to procedural...
" due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
requirement that involuntary civil commitment
Involuntary commitment
Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
must be based on the finding of the presence of a "mental illness". It did not address the claims of ex post-facto and double jeopardy.
The Supreme Court granted Kansas' certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
Decision
The Supreme Court ruled against Hendricks in a 5–4 decision. It agreed with the Act's procedures and the definition of a "mental abnormality" as a "congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses to the degree that such person is a menace to the health and safety of others." It agreed with Kansas that the Act limits persons eligible for confinement to persons who are not able to controlVolition (psychology)
Volition or will is the cognitive process by which an individual decides on and commits to a particular course of action. It is defined as purposive striving, and is one of the primary human psychological functions...
their dangerousness.
Further, the court decided the Act does not violate the Constitution's double jeopardy prohibition nor the ban on ex post-facto law because the Act does not establish criminal proceedings and therefore involuntary confinement under it is not punishment. Because the Act is civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, Hendricks' confinement under the Act is not a second prosecution nor is it double jeopardy. And finally, the court said the Act is not considered punitive if it fails to offer treatment for an untreatable condition.
Significance
The court's finding that preventative long term confinement of mentally disordered persons has previously been justified on the grounds that some people's behavior cannot be prevented, and it does not violate their rights to confine them to deter antisocial behavior. However, it has also been argued that upholding the Act expands involuntary civil commitment to people with personality disorderPersonality disorder
Personality disorders, formerly referred to as character disorders, are a class of personality types and behaviors. Personality disorders are noted on Axis II of the Diagnostic and Statistical Manual of Mental Disorders or DSM-IV-TR of the American Psychiatric Association.Personality disorders are...
s which could justify the commitment of large numbers of criminals if the proof
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
of the likelihood of re-offending required is sufficiently inclusive, which could happen if the requirement of dangerousness is not limited to those with a mental illness, and that if mental abnormality (rather than mental illness) can be the basis for sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
commitment, there is a danger that it may expand the basis for traditional civil commitment to personality disorders as well.
In the subsequent Kansas v. Crane
Kansas v. Crane
Kansas v. Crane, is a United States Supreme Court case in which the Court upheld the Kansas Sexually Violent Predator Act as consistent with substantive due process. The Court clarified that its earlier holding in Kansas v...
this decision was upheld for an individual that suffered from exhibitionism
Exhibitionism
Exhibitionism refers to a desire or compulsion to expose parts of one's body – specifically the genitals or buttocks of a man or woman, or the breasts of a woman – in a public or semi-public circumstance, in crowds or groups of friends or acquaintances, or to strangers...
and antisocial personality disorder
Antisocial personality disorder
Antisocial personality disorder is described by the American Psychiatric Association's Diagnostic and Statistical Manual, fourth edition , as an Axis II personality disorder characterized by "...a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood...
.
See also
- List of United States Supreme Court cases, volume 521
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- Smith v. DoeSmith v. DoeSmith v. Doe, , was a court case in the United States which questioned the constitutionality of the Alaska Sex Offender Registration Act's retroactive requirements. Under the Act, any sex offender must register with the Department of Corrections or local law enforcement within one business day of...
- United States v. ComstockUnited States v. ComstockUnited States v. Comstock, 560 U.S. ___ was a decision by the Supreme Court of the United States, which ruled that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody...
External links
- Kansas v. Crane, Michael
- Kansas v. Hendricks
- United States of America v. Jason M. Weed, appeal decision