Question

Based on Grudzinskas & Henry (1997), case:

c. What did SCOTUS rule?

d. What rationales did SCOTUS provide for the constitutionality of the ruling?

Answer 1

Based on Grudzinskas & Henry (1997), case:

c. What did the SCOTUS rule?

Answer: Supreme Court ruled (5-4) in favor of the Kansas law, agreeing that the Act limits persons eligible for confinement to persons who are not able to control their dangerousness.

d. What rationales did SCOTUS provide for the constitutionality of the ruling?

Answer: The SCOTUS ruled that it is not an unconstitutional ex-post-facto or double jeopardy law because it does not establish criminal proceedings, therefore involuntary confinement under it is not punishment.

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