Transcription of Due Process in Civil Commitments - School of Law
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Due Process in Civil Commitments - School of Law
253 Due Process in Civil Commitments Alexander Tsesis Abstract In one of its most controversial decisions to date, United States v. Comstock, the Roberts Court upheld a federal Civil commitment statute requiring only an intermediate burden of proof. The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistaken evaluations about patients likelihood to engage in dangerous activities.
253 Due Process in Civil Commitments Alexander Tsesis∗ Abstract In one of its most controversial decisions to date, United States v. Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof.
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