In the Matter of Anderson
North Dakota Supreme Court
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
- Kansas v. HendricksSupreme Court of the United States · 1997
- Foucha v. LouisianaSupreme Court of the United States · 1992
- Kansas v. CraneSupreme Court of the United States · 2002
- Van Grinsven v. G.R.H.North Dakota Supreme Court · 2006
- Matter of LinehanSupreme Court of Minnesota · 1994
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