Leroy Hendricks Case Study

Leroy Hendricks, a serial child molester in the state of Kansas was nearing the completion date of his ten-year prison sentence for molesting two (2) 13-year-old boys. Mr. Hendricks was to be released to a halfway house upon release. However, that was not going to happen if the State of Kansas had their way. In fact, the State of Kansas sought to have Mr. Hendricks committed under its newly enacted Sexually Violent Predator Act (Act) of 1994. The Sexually Violent Predator Act was a set of procedures established to commit individuals who, due personality disorders or mental abnormalities were likely to engage in sexual violence through predatory acts ("Google Scholar", 2016, 350).
Prior to Hendricks, the Act had never been invoked. As a result of, Hendricks past serial sexual pedophilia the State of Kansas sought to have to Mr. Hendricks committed to a mental institution. Hendricks did not agree with the states choice to institutionalize him and therefore, challenged his commitment on the grounds of , inter alia, also known as "substantive" due process, double jeopardy, as well as ex post facto. The question then before the court in Kansas v. Hendricks was did the Sexual Predator’s Act civil commitment

The Supreme Court of Kansas invalidated the act on the basis that it held for commit on the condition of a perceived mental abnormality did not, in fact, satisfy the substantive due process requirement for involuntary civil commitment and therefore must be based on a finding of mental illness ("Google Scholar", 2016, 350). Shortly thereafter, the State of Kansas petitioned for certiorari. Given this petition by the state, Hendricks decided to file a cross-petition where he insisted that his claims of federal double jeopardy and ex post facto be heard. Subsequently, Hendricks cross-petition and Kansas’ certiorari petition were granted. Thus, the judgment was then reversed by the Supreme