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Constitutional Law Keyed to Shanor
United States v. Comstock
Citation:
560 U.S. 126 (2010)Facts
A federal statute allowed district courts to order the civil commitment of an individual currently in federal prison custody if the individual (1) previously engaged or attempted to engage in sexually violent conduct or child molestation, (2) suffered from a serious mental illness, abnormality, or disorder, and (3) as a result of their mental impairment, was “sexually dangerous to others”in that they would have serious difficulty in refraining from sexual violence or child molestation if released.” Upon such a showing, the statute provided that the court would order the prisoner’s continued commitment in the Attorney General’s custody, and the Attorney General had to encourage the state were the person was tried or domiciled to assume custody and care of the individual. If the state refused, the Attorney General would place the individual in a suitable federal facility for treatment. The government claimed that Comstock was an individual who fell under the statute’s scope.
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