Supreme Court Set to Test Sexual Predator Law
In one of the first cases of its 2000-2001 term, the US Supreme Court will be asked to decide the constitutionality of Washington State's Sexually Violent Predators law allowing for the extended confinement of convicted "sexually violent predators."
Under the Washington law, persons convicted of sexually violent crimes can be detained even after their prison terms have been served, provided that the extended detention is for purposes of treatment and rehabilitation, rather than punishment. A provision which, according to opponents of the law, is intended to circumvent the double jeopardy clause in the 5th Amendment to the Constitution protecting the people from being punished more than once for the same crime.
Now, several states with laws similar to and based on Washington's will be anxiously awaiting the Supreme Court's decision in the case of Seling v. Young, to be argued before the court on Oct. 31, 2000.
Between 1962 and 1980, Andre Brigham Young was in and out of the Washington state prison system on two separate convictions for raping five different women. At least two of the rapes were committed at knife-point, and two while in the presence of infants and children. Finally, in 1985, Young was convicted for the rape of a sixth woman and sentenced to five years in prison.
The day before his release in 1990, prison officials transferred Young to mental health facility known as the Special Commitment Center (SCC), created to protect the community from "mentally abnormal" molesters and rapists scheduled for release.
Four months later, a jury found Young to be a "sexually violent predator" and determined that he should be indefinitely held in the SCC for treatment.
Over the next nine years, Young's appeals to his continued confinement were heard before a series of courts until, on Sept. 16, 1999, the 9th Circuit Court of Appeals panel issued a unanimous decision that because "the district court did not conduct an evidentiary hearing on the question of whether Young’s confinement at the SCC rendered the statute punitive," the 1990 decision to confine him should be reversed.
The state of Washington appealed the decision of the 9th Circuit Court and on March 20, 2000, the U.S. Supreme Court
agreed to hear the case.
Attorneys for Young, now 59, will argue that during his 10 years in the SCC, he failed to receive adequate mental health therapy as required by Washington's Sexually Violent Predators law.
For a detailed analysis of arguments anticipated in the
Supreme Court's hearing of Seling v. Young, see, Sex
Predator's Detention for 'Treatment' To Be Reviewed, by Current Events -
Law Guide Paul S. Reed.
In 1997, the Supreme Court heard the case of Kansas v. Hendricks, in which it declared a Kansas law based on and substantially similar to Washington's to be constitutional.
The U.S. Supreme Court will open its 2000-2001 term on Monday, Oct. 2, 2000.
Reference Links
U. S. Supreme Court Will Hear Arguments in State Sex Predator Case
Washington State Attorney General's press release of March 20, 2000.RCW 71.09 - Sexually Violent Predators
Washington State's Sexually Violent Predator law used as a model for similar laws in other states.
Analysis of arguments in the case of Seling v. Young. By Guide to the Law, Paul S. Reed.
Protect your children, find sexual offenders information including Megan's Law. Links to searchable databases for registered sexual offenders who have abused a child, listed by state and selected counties. From Law Enforcement Guide Clif Brinson.
Commentary and net links on recent events relating to child pornographers on the Internet from Guide to the Law, Paul S. Reed.
Is the court system ignoring the rights of suspected pedophiles? And how do we really feel about that? Crime Guide Bill Bickel asks.
A look at why the composition of the Supreme Court could be the "sleeper issue" of the election, with special emphasis on recent states' rights decisions limiting the scope of federal civil rights laws, from Women's Issues Guide Karen Gould
Learn the history and procedures of the Supreme Court and keep up with the court's latest cases and decisions. From your About Guide.
Express Your
Opinions
Just click on a topic to read or take part in the discussion.
Election
2000 Online Discussion Group
This is the place to discuss the candidates and issues of the 2000 Election.
It is politics, so almost anything goes,
Latest
Additions
All new features and stories added to US Government Info/Resources.
Job Openings - Federal Government
Links to vacancy announcements at dozens of agencies and military branches.
Job Openings -
State Governments
Links to vacancy announcements from all states and D.C.
Government Money and Aid - No Grant Needed
Where to find help with: Small Business Needs,
Healthcare, Work or Career, Home Improvements, Hunger and Child Care or Family
Needs. In most cases, you do not need a grant to get assistance from a
government program.
In Congress
Today
The daily schedules of House and Senate, major legislation, votes and more.
Huge Index of
Government Web Sites
One of the largest lists of agencies, bureaus and offices on the Web.
E-Government!
Online Government Services
From adopting wild horses to buying T-bills and bonds, the US Government is
working to make more an more of its services available to Internet users. Try
out E-Government now.
How to...
...do lots of things involving the U.S. Government.
Latest
News and Features
The latest news and features on US Government Info/Resources.
Politics?
You want Politics?
Guide John Aravosis is and insider who'll deliver all the politics you can
handle.
Military
Questions?
Guide Rod Powers probably has the answers.
Immigration
Headlines
Keep up with the latest news about U.S. immigration laws and events with Guides
Jennifer and Peter Wipf.
