Analysis Of The Article ' Kansas V Crane ' Essay
Based off the 1997 previous case of Kansas v Hendricks that upheld the constitutionality of the Kansas Sexually Predator Act that confined persons who were likely to engage in sexual violence. In upholding the constitutionality, the court deemed that sexual offender confinement would now be considered civil instead of criminal. So when Michael Crane, who previously was a sex offender who had a mental abnormality was committed, the court found him to civil confinement. Although when reversing the decision, the court brought up an issue from the previous case requiring Hendricks to show findings that he could not control himself, however the court never made such findings.
II. Content of Litigation
Although it was found Crane did suffer from some kind of mental abnormality, it did not impair his judgement or control.
Crane deemed he was not considered a sexual offender because his mental judgement would not allow him to control any sexual violence he committed.
III. Decision of the Court
The court then was told that the state must not just show a small likelihood of engaging in sexual behavior, but an inability to control violent behavior. The court spilt 7-2 concluding the constitution does not permit confinement of such type of behavior and that if required such proof that they cannot control themselves, it has to be sufficient enough.
IV. Implications of the Decision
Rule of law that came about this case makes it…