Legal Opinion · Dissent

In the Matter of Anderson

North Dakota Supreme Court

Decided April 10, 2007No. 20060088Published

1DissentKapsner, Justice

[¶ 46] I respectfully dissent. On this record, civil commitment is nothing more than a mechanism for general deterrence.

I

[¶ 47] To involuntarily commit an individual under our statute, there must be a finding the individual has engaged in sexually predatory conduct and is diagnosable with a personality, sexual, or mental disorder that makes the individual “likely to engage in further acts of sexually predatory conduct which constitute a danger to the physical or mental health or safety of others.” N.D.C.C. § 25-03.3-01(8). This Court has said “likely to engage in further acts of sexually…

2Cases cited7 opinions

  1. Kansas v. HendricksSupreme Court of the United States · 1997
  2. Foucha v. LouisianaSupreme Court of the United States · 1992
  3. Kansas v. CraneSupreme Court of the United States · 2002
  4. Van Grinsven v. G.R.H.North Dakota Supreme Court · 2006
  5. Matter of LinehanSupreme Court of Minnesota · 1994

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API