I need to argue that is it okay to keep a sexual predator in a state mental institution after serving their sentence in state jail. The guy says that it is double jeopardy but why is it not? O and the guy was deemed to be still dangerous by the state.
If you have any links that would be nice but just tell me whatever.
2006-10-04 17:40:58 · 8 answers · asked by daaznjrich 2 in Politics & Government ➔ Law & Ethics
Are you saying that he's in state jail now and you want him to be committed to a state mental institution once he gets out? If so, you need to petition for an involuntary committment - he'll have to go through an evaluation. If the state says on record or has documents to the effect that he's dangerous, then that will help. It's not double jeopardy because he's served his time for that one crime. The involuntary committment will be based on his danger to society and not on the crime.
2006-10-04 17:51:59 · answer #1 · answered by Ron D 4 · 1⤊ 0⤋
First of all, it isn't double jeopardy. It is punishing someone beyond their sentence. Double jeopardy is trying someone twice for the same crime. . . Not punishing them twice.
Well, the only thing I can think of is to argue that the studies show that sexual predators are the most likely to repeat offend. They are not "curable", and are not able to be rehabilitated. And if the crime was particularly violent, one could also argue that the person is a danger to the health and well being of the public, and has not been rehabilitated (if the state has still deemed him dangerous).
2006-10-05 01:02:24 · answer #2 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
Hi daaznjric,
Try North Dakota case where a sexual predator (Rodrigzas)got out of jail then murder a girl (Dru Shadean) not sure of the spelling's of either name but close. I'd try the Law Library also. hope this works for your argument. Have a good day.
2006-10-05 00:58:32 · answer #3 · answered by dousmokedoobies69 6 · 1⤊ 0⤋
Dude why would you want to argue for a sexual predator, and win the court case..... ??????? what if it was your mother or sister, or your daughter or someone very close to you??? wwould you really give a **** about that sexual predator? or would you like to get your hands on him so you could make him wish he was never born???? THATS MY QUESTION!!! Let the asshole rot in jail, never mind a state mental institution!!
~CHEERS!!~
2006-10-05 00:47:08 · answer #4 · answered by Romy 4 · 0⤊ 0⤋
I thought there was a law that if a person is still considered a hazard to the community, he could be kept beyond his sentence time.
Also, if he has not finished court appointed treatment, he could remain until that was finished up
2006-10-05 00:42:51 · answer #5 · answered by Anonymous · 1⤊ 0⤋
the word is civil commitment. being a danger to others. in some states they are deemed level 3 sex offender. they refuse treatment.
2006-10-05 14:42:05 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Request the court to require that he be tested for mental illness and be determined if he is a risk to society if allowed to run free on the streets. It would help us to help if you would edit your question to explain more about the details of his criminal history, so we can further advice you.
2006-10-05 01:08:24 · answer #7 · answered by White Knight 3 · 1⤊ 0⤋
The guy has served his time. Let him go.
If you could keep people locked up just because the "state" determined they were a threat well.. isnt that Stalinist Russia, North Korea, China or.. oh yeah.. and America now days.. I forgot.
2006-10-05 00:43:26 · answer #8 · answered by Anonymous · 0⤊ 2⤋