Blog powered by TypePad

« New Sex Offender Recidivism Study | Main | More on Comstock »

September 07, 2007

Adam Walsh Act Decision in North Carolina

It looks the North Carolina Federal Public Defenders have scored a big victory against the civil commitment provisions of the Adam Walsh Act.  This is a case I've blogged about before.  Here is a snippet from the decision (assuming my transcription is correct):

Having carefully considered the arguments by all parties, the court concludes, for the reasons that follow, that the civil commitment provision of the Walsh Act is not a necessary and proper exercise of Congressional authority and that the use of a clear and convincing burden of proof violates the substantive due process rights of those subject to commitment under the statute.

You can download the whole decision here.  I've only had a chance to scan through the decision and it has a lot of interesting stuff.  I think the ruling is very significant and could set up a circuit split depending upon how the appeals move forward.

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d834518cbc69e200e54ed943608833

Listed below are links to weblogs that reference Adam Walsh Act Decision in North Carolina:

Comments

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment