Home      Login

Abstract: 

Editor’s Note: This article, the second of a multipart article, discusses the commitment process. Part I provided a general overview of the evolution of commitment procedures. (WarrenMaas, “Erosion of Constitutional Rights in Commitment of Sex Offenders, Part I,” 6 (5) SLR 65 (Aug./Sept. 2005).) The premise of this article is that under the SPP/SDP statutes, substantive due process for persons alleged to be sexual predators has greatly eroded. The rationale underlying this erosion— that is, the promise of rehabilitation under the SPP/SDP statutes for these men—is of questionable validity. This article explains the erosion of strict due process protections and challenges the arguments about increased public protection that proponents assert as justification for diminished due process protections.

Keywords: 

Affiliations:  1: Hennepin County Commitment Defense Project.