Kansas vs Hendricks, Case Study Example

The Sexually Violent Predator Act (1997) is designed to protect the interest of those who can potentially become victims of persons who are unable to control their behavior. In the case of Kansas v. Hendricks, (521 U.S. 346, 1997),  the challenge of Hendricks was based on the claim that he had a “mental abnormality”, and not a “mental illness. However, there is sufficient evidence that after his release he would pose a danger on young persons. The state’s primary duty of care in this case is towards the vulnerable children, and the civil context of the court states: “there are manifold restraints to which every person is necessarily subject for the common good”. In this light, the state had every right to restrict the freedom of Hendricks, as he himself stated that the only thing that would keep him from harming children is “to die”.

While Hendricks claimed that there was a violation of the “due process” within the Sexually Violent Predator Act, this statement was proven false. Hendricks clearly stated that he was not interested in treatment, and claimed that it was “bull”. From the criminal history of Hendricks, it is evident that he was unable to control his actions and desires, therefore, the only method left for the legal system to prevent him from committing more sexual crimes was to place him into custody. He deserved to go back to prison, and all people who prey on innocent children and ruin other people’s entire lives do.  Therefore, Hendricks, as a person who has been found “sexually violent predator” beyond reasonable doubt should remain in custody.

While the Sexually Violent Predator Act is designed to protect vulnerable members of the public, it  provides three different avenues of appeal, and places the responsibility to prove the  “mental illness” or “dangerous predator” status. This makes the legal process costly, complicated, and lengthy. I don’t think that taxpayers should pay for criminals’ trials.

References

Kansas v. Hendricks.  521 U.S. 346, 1997. Retrieved from             https://supreme.justia.com/cases/federal/us/521/346/case.html