Legal Question in Criminal Law in Pennsylvania
Civil Confinement
Does civil confinement for sexual offenders violate due process, double jeopardy, or ex-post facto laws?
1 Answer from Attorneys
Re: Civil Confinement
This is a hot topic. If someone is determined to have a mental condition making it likely that they are a danger to themselves or others (such as a compulsion to rape and/or molest), then I believe civil confinement will survive constitutional challenge, but the state will need to have good evidence or expert testimony to sustain any civil confinement. I think any multiple offender would have a hard time showing they they are no longer a threat to others. To be honest, it makes sense, as the statistics show that repeat sexual offenders are almost guarnteed to continue to re-offend, and many of them are self loathing, because they know their behavior is discusting and villanous, and they are more prone to injure themselves.
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