Constitutional law - procedural due process - Pennsylvania Supreme Court holds sentence-enhancement provisions of "Megan's Law" unconstitutional - Commonwealth v. Williams

Article Abstract:

The author supports the holding, but is critical of the reasoning, in the 1999 Pennsylvania Supreme Court case Commonwealth v. Williams where the court held invalid sentencing enhancements under the state's Megan's law concerning sexually violent predators. Placing the burden of persuasion on defendants to overcome the presumption that they are sexually violent predators was found to be a denial of due process.

Connecticut, Cases, Violent crimes, Presumptions (Law)

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Breathing new life into prosecutorial vindictiveness doctrine

Article Abstract:

The evolution of the prosecutorial vindictiveness doctrine since the US Supreme Court's 1969 North Carolina v. Pearce decision is outlined. Topics include factors bearing on a prosecutor's decision to act vindictively, the increasing anti-crime sentiment since 1980, and proposed changes to the law aimed at restoring defendants' due process rights.

States, Public prosecutors

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Constitutional law - due process - Minnesota Supreme Court upholds Minnesota Sexually Dangerous Persons Act. - In re Linehan

Article Abstract:

The Minnesota Supreme Court in In re Linehan incorrectly interpreted the Minnesota Sexually Dangerous Persons Act and U.S. Supreme Court precedent in Kansas v. Hendricks when it held that the Act's definition of mental abnormality did not damage substantive due process protections.

Minnesota, Imprisonment

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