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FOXNEWS The Story With Martha MacCallum March 22, 2022 19:03:00

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. ....

Civil Commitment Laws , Cons Sequences , Supreme Court ,

MSNBC Hallie Jackson Reports March 22, 2022 19:05:00

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 take civil commitments laws. if you look at civil commitment laws right now, the ucla school of law williams institute estimates more than 6,300 sex offenders are currently detained in civil commitment programs. if the view you advocated prevailed, presumably those 6,300 sex offenders would be ....

My Note Wasnt Advocating , Ucla School Of Law , Civil Commitment Laws , Sex Offenders , Williams Institute ,

FOXNEWS The Story With Martha MacCallum March 22, 2022 19:01:00

Sanctioned for their crimes. the contusionalty of sex offender statutes depends on their characterization as essentially preventsive rather than punitive. you explain if they re viewed an punitive, they re unconstitutional. if they re preventative, they are not. throughout the course of your note, you argue they should be viewed as punitive and therefore unconstitutional. indeed in the second to last page you go through each of those for categories. you say requirements that sex offenders register may or may not be unconstitutional depending upon whether in which sex offenders have no privacy right or registration and blood sample. you suggest that may or may not be constitutional. you raise doubts about it. you raise very significant doubts about community notification and you heavily suggest that civil commitment for sexual predators is ....

Sex Offender Statutes , Sex Offenders , Blood Sample , Community Notification ,

CNN CNN Newsroom With Alisyn Camerota and Victor Blackwell March 22, 2022 19:06:00

Is that an outcome that should be concerning? senator, in law school when i was writing a note, i was looking at a brand new set of laws that had not previously been enbasic enacted in any jurisdiction. they were new. i was assessing at the time, as law school students do, what criteria i thought might be used by courts to make a determination in the future as to whether or not they should be treated as punitive and therefore not unconstitutional but ones that carry with them certain rights versus preventative. those judge jackson. you pointed the reviews in law school. i will recognize that all of us when we were students may have views that as time and maturity passes on, we may change. what troubles me is this was not ....

Law School , Law School Students , Ketanji Brown Jackson ,

MSNBC Hallie Jackson Reports March 22, 2022 19:03:00

I didn t say that they were unconstitutional one way or the other. what i was trying to assess was how they are characterized. some courts would look at those laws and call them preventative, and that has a certain set of consequences. some courts would call them punitive, and that has a certain set of consequences. and what i was trying to do is figure out how to make the determination whether they were punitive or preventative. well, your note argued that they were punitive. and i would note that that view, there had been some on the bench that have advocated that. the supreme court in 1997 decided a case called kansas versus hendricks in which it upheld kansas s civil commitment statute. that was a 5-4 vote. this has been a question that has been close at the supreme court. and i would note beyond that ....

Them Preventative , Supreme Court , Kansas Versus Hendricks , Civil Commitment Statute ,