Hendricks and the Future of Sex Offender Commitment Laws

Developments in Mental Health Law, Vol. 18, Nos. 1 & 2, p. 1, 1988

William Mitchell Legal Studies Research Paper

4 Pages Posted: 3 Nov 2010

See all articles by Eric S. Janus

Eric S. Janus

Mitchell Hamline School of Law

Date Written: 1988

Abstract

The Supreme Court's decision in Kansas v. Hendricks suggests that few constitutional limitations will be imposed. This article discusses the four elements imposed by the Court in Hendricks, and then discusses the likely implications of the decision, using civil commitment laws currently on the books and actual post-Hendricks decisions. The article concludes that the imbalance between commitments and discharges will cause commitment populations to grow over the foreseeable future. Eventually the huge costs of commitment schemes will force serious assessment of whether the facial logic of these programs hides seriously distorted resource allocation and anti-therapeutic side-effects.

Keywords: Sex-Offender, Civil Commitment, Systematized Risk Assessment, Kansas v. Hendricks, Mental Disorder, in re Linehan, Young v. Weston

Suggested Citation

Janus, Eric S., Hendricks and the Future of Sex Offender Commitment Laws (1988). Developments in Mental Health Law, Vol. 18, Nos. 1 & 2, p. 1, 1988, William Mitchell Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=1701767

Eric S. Janus (Contact Author)

Mitchell Hamline School of Law ( email )

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