Hendricks Case Study

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Case Facts:

The defendant Mr. Leroy Hendricks was due to be released from a Kansas prison system, he had an extensive histories of sexually molesting children but felt he had paid he debit to society with his stint in prison (Brody & Acker, 2010, p. 03). When he was due to be released from prison the state of Kansas filed a petition under the Kansas’s Sexually Violent Predator Act, which basically under a set of prescribed guidelines would involuntarily commit him due to the dangers the present to society. On August 19, 1994, Hendricks appeared before the courts with his attorney and made a motion for a dismissal of the petition a on the basis that it violated several federal constitutional provisions. After deliberation the courts ruled
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This intended that the defendant in this case Mr. Leroy Hendricks had comprehensive histories of sexually molesting children ("Kansas v. Hendricks, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997)," n.d.).

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 danger to society. It agreed with Kansas that the Act limits persons eligible for confinement to persons who are not able to control their level of dangerousness. Further, the court decided the Act does not violate the Constitution 's double jeopardy prohibition. Additionally, because the Act is civil, Hendricks ' confinement under the Act is not a second prosecution nor is it double jeopardy. This ruling basically states that’s some people urges or desires cannot be controlled or prevented and allows for the commitment for those people for the safety of others as well as the safety of the individual ("Kansas v. Hendricks, 117 S.Ct. 2072, 138 L.Ed.2d 501 (1997),"

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