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Sexually Dangerous Persons Comittment Scheme Does Not Violate Due Process

By Jonathan Byrne

US v. Comstock: This decision comes following the remand of this case by the Supreme Court following it's decision last year upholding Congress's authority to enact the civil commitment scheme for "sexually dangerous" offenders in the Adam Walsh Act of 2006. Because the Fourth Circuit had agreed with the district court that Congress lacked that authority, it did not address the defendants' due process attacks on the law the first time around. This time, with the issue of Congressional authority resolved, it addressed the due process argument. Under the Act, a person may be committed if a court finds by clear and convincing evidence both that that person "has engaged or attempted to engage in sexual violence or child molestation" and is "sexually dangerous to others...continue to full post

Full post as published by Fourth Circuit Blog on December 28, 2010 (boomark / email).