Analysis and Commentary Kansas v. Hendricks

Predator Act. The Act establishes procedures for the civil commitment of persons who, due to a "mental abnormality " or "personality disorder, " are likely to engage in "predatory acts of sexual violence. " The Supreme Court held that the Act's definition of "mental abnormality " satisfies substantive due process require-ments. The Court further held that since the Act does not establish criminal proceedings, it does not violate the Constitution's double jeopardy prohibitions or its ban on ex post facto lawmaking. The Court's holding and its implications are discussed. The U.S. Supreme Court on June 23, 1997, issued its opinion in the case of Kansas v. Hendricks. ' The five to four decision upheld the Kansas law, which establishes procedures for the civil com-mitment of persons who, due to a "mental abnormality " or a "personality disorder," are likely to engage in "predatory acts of sexual violence.&quot