The Civil Commitment of Sex Offenders in Light of Foucha v. Louisiana

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Abstract
The United States Supreme Court has ruled that an individual who has been judged insane and committed to a mental facility and who has regained his sanity but remains dangerous cannot continue to be confined. In a dissenting opinion, Justice Kennedy stated that the majority's decision might have put in doubt the civil commitment of persons other than insanity acquittees. The author of this essay contends that the Court's decision indeed did so and argues that dangerous or predatory sex offenders cannot now be civilly committed to mental institutions. The author argues also that the criminal justice system, rather than the mental health system, is more appropriate for controlling sex offenders.