Essay On Kansas Vs Hendricks

Kansas v. Hendricks is a Case that went through Kansas Supreme Court's 1n 1997. The case involved Hendricks a sex offender. In a narrative I will be talking about the case. I will give facts, issues, and court holdings about the case.

The facts of the case. Leroy Hendricks and Tim Quinn had histories of molesting kids. Hendricks was convicted in November 1984 for taking indecent liberties with two thrteen year old boys.Hendricks had gotten a plea deal, So he plead guilty. Hendricks was sentence 5 to 20 years, but he only served 10 years in prison.They both had served most of their sentence, and they was ready for release. Hendricks was scheduled to be released to a halfway house in September of 1994.The State of Kansas filed a petition to

The Act said a small group of predators exist who do not have a mental disease or defect that rendered the offender appropriately for involuntary treatment. Short term treatment is provided for person with mental disability Hendricks and Quinn Challenged the Kansas Courts. The men testified own their behalf, and they both agreed with the psychologist. They both said they suffered from pediophilla and they still have thes sexual desires.The jury decide they were sexual predators. The courts decided to civilly commit Hendricks because of his mental abnormality, but they did not criminal commit them. Hendricks appeal the decision claiming the state was unconstitutional using ex post facto and double jeopardy laws. The State Supreme of Kansas said nothing about Hendricks claim of double jeopardy and ex post facto, but they found that the act was invalid because metal abnormality did

In a 5 to 4 decision the courts ruled against Hendricks. The Supreme Courts agreed with the act the definition of mental abnormal is a condition that affects the emotions, and this predispose the person to commit sexual violent acts. This makes the person a menace to society affecting the safety and health of others. Also, the courts said the act was not a criminal proceeding, so double jeopardy and ex post facto is not a factor. Involuntary confinement was not a form of punishment, But The supreme court if agreed that the act made by Kansas would limited offenders eligible for confinements to those that can not control their dangerous situations. The court ruled that it does not violate a person's rights in trying to confine them to deter them from antisocial behavior. Antisocial behavior lack consideration for others well being. The courts said that the pedphillas would more than likely repeat again and that was the reason for involuntary