DUE PROCESS REQUIRES PROOF BEYOND REASONABLE DOUBT FOR COMMITMENT OF SEX OFFENDERS - PEOPLE V BURNICK, 14 CAL 3D 306, 535 P 2D 352, 121 CAL RPTR 488 (1975)

• NCJ Number: 37228
• Journal: Washington University Law Quarterly Volume: 1975 Issue: 4 Dated: (1976) Pages: 1092-1110
• Author(s): ANON
• Date Published: 1976
• Length: 19 pages
• Corporate Author: Washington University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF THE CALIFORNIA SUPREME COURT RULING IN PEOPLE V BURNICK (1975) WHICH HELD THAT DUE PROCESS STANDARDS REQUIRE PROOF BEYOND A REASONABLE DOUBT OF ALL ELEMENTS NECESSARY TO COMMIT MENTALLY DISORDERED SEX OFFENDERS.

Abstract

THE AUTHOR EXAMINES OTHER SUPREME COURT DECISIONS EXTENDING THE RIGHTS OF CRIMINAL DEFENDANTS TO DEFENDANTS IN NONCRIMINAL PROCEEDINGS THAT JEOPARDIZE LIBERTY. THE FAILURE OF THE COURT TO SPECIFY THE EXTENT TO WHICH DUE PROCESS REQUIRES THE STATE TO PROVE ITS CASE BEYOND A REASONABLE DOUBT IN NONCRIMINAL PROCEEDINGS IS DISCUSSED AS ARE DIFFERENT STANDARDS OF PROOF DEVELOPED BY STATE COURTS FOR USE IN CIVIL COMMITMENT CASES. THE IMPLICATIONS OF BURNICK FOR DEFENDANTS ACQUITTED BY REASON OF INSANITY AND PROCEEDINGS TO COMMIT THE MENTALLY RETARDED IN CALIFORNIA ARE BRIEFLY COVERED.