A matter of control; Kansas seeks lower burden of proof to confine sexual predators

Article Abstract:

Kansas v. Crane, to which the Supreme Court has granted certiorari, will decide whether evidence of likely future criminal behavior is sufficient to keep sex offenders confined.

Laws, regulations and rules, Criminal behavior, Prediction of, Prediction of criminal behavior, Civil commitment, Burden of proof, Evidence (Law)

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Double trouble; ruling is bad news for sex offenders, white-collar criminals

Article Abstract:

The US Supreme Court in its 1997 Hudson v. United States disavowed its 1989 Halper ruling against double jeopardy and adopted the narrower interpretation of the Fifth Amendment which prevailed before 1989. According to the majority opinion, Halper led to confusion by trying to distinguish between punitive and nonpunitive penalties. This is bad for white collar and other defendants who had supported their double jeopardy arguments with Halper.

Double jeopardy, White collar crimes, White collar crime

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Look the other way and pay; schools are liable for 'deliberate indifference' to student-on-student sexual harassment

Article Abstract:

The US Supreme Court held schools and colleges liable for student-on-student sexual harassment when these institutions had ignored severe instances of the conduct. The court ruled that those with supervisory power in the workplace and in schools were duty-bound to stop sexual harassment as soon as they learned of it. In 1998, the court ruled differently in Gebser v. Lago Vista Independent School District, refuting the theory that schools might be liable in negligence for failure to supervise their teachers.

Sexual behavior, High school students, Sexual harassment

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