Page 2 - Civil Commitment Laws News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Laws. i didn't say that they were unconstitutional one way or the other. what i was trying to assess is how they are character sized. that has a certain set of consequences. some courts would call them punitive. that has a certain set of cons sequences. i was trying to figure out how to make the determination whether they were punitive or preventative. >> well, your note argued that they were punitive. i would note that that view, there's been some on the bench that have advocated that. the supreme court in 1997 upheld kansas statue. that was a 5-4 vote.

Could well be struck down as well. is that -- is that an outcome that should concern people? >> senator, my note wasn't advocating for the striking down of those laws. my note was trying to identify criteria that i thought could be applied consistently to determine whether the laws were punitive or preventative. >> but with respect -- >> either -- >> you argued that they were punitive and you further say in the note and you further say if they're punitive they're unconstitutional. >> i was looking at four different kinds of laws, and not all of them did i say were punitive. >> okay. so let's t...

With republicans pretty much unanimously willing to defend it. so it was a policy matter with some sharp divisions and some political consequences. you ruled in favor of the construction of the wall and against an attemptpy environmental groups to halt its construction through legal cases. can you discuss what you recall of the claims presented and how you came to a decision in favor of the trump administration? >> senator, the claims in that case, which as you say were brought by an environmental organization related to the administrative procedures act, which is something that we often see i...

And dna bank laws could well be struck down as well. is that an outcome that should concern people? >> senator, my note wucasn't advocating for the striking down of those laws. my note was trying to identify criteria that i thought would be applied consistently to determine whether the laws were punitive or preventative. either -- >> you argue they were pun tifr and you further say if they are punitive, they are unconstitutional. >> i was looking at four different kinds of laws and not all of them did i say were punitive. >> let's take civil commitments laws. if you look at civil commitment la...

0 stems back decades and that is concerning. you wrote your note on the harvard law review on sex crimes. your note is your major academic work on the law review and yours is entitled "prevention versus punishment: towards a principled distinction in the restraint of released sex offenders." and in it you argue, and i quote, "a recent spate of legislation purports to regulate released sex offenders by requiring them to register with local law enforcement officials, notify community members of their presence, undergo dna testing and submit to civil commitment for an indefinite term. at many cou...