[Download] "In re Personal Restraint of Andre Brigham Young" by 57838-9 Supreme Court of Washington Nos. 57837-1 ~ Book PDF Kindle ePub Free
eBook details
- Title: In re Personal Restraint of Andre Brigham Young
- Author : 57838-9 Supreme Court of Washington Nos. 57837-1
- Release Date : January 09, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 114 KB
Description
In this case, the sexually violent predator provisions of the Community Protection Act of 1990 are challenged by two people who have been civilly committed under its authority. Important constitutional and technical issues are raised by this unique legislation, which seeks to protect our citizens by incapacitating and attempting to treat those whose mental abnormalities create a grave risk of future harm. Although the ultimate goal of the statute is to treat, and someday cure those whose mental condition causes them to commit acts of sexual violence, its immediate purpose is to ensure the commitment of these persons in order to protect the community. In this sense, it is similar to any other civil commitment. However, the Legislature has found that the exceptional risks posed by sexual predators, and the seemingly intractable nature of their illness, necessitates a specially tailored civil commitment approach. After exhaustive review of the numerous challenges raised by petitioners, we conclude that the sex predator provisions of the Community Protection Act of 1990 are constitutional. However, for reasons stated below, we reverse petitioner Cunningham's commitment, and remand petitioner Young's case for consideration of less restrictive alternatives.