Law Commons^™

Lost Souls: Constitutional Implications For The Deficiencies In Treatment For Persons With Mental Illness In Custody, Katherine L. Smith

Golden Gate University Law Review

This Comment explores systemic deficiencies of access to mental health care in prison systems and the Eighth Amendment implications of those deficiencies. Because the Eighth Amendment prohibits, among other things, infliction of cruel and unusual punishments, when denial of adequate mental health care results in undue suffering, the conditions of confinement may violate the Constitution. Therefore, there must be mechanisms in place to ensure necessary treatment is provided while protecting individual rights.

Part I of this Comment addresses the duty a state owes to those it incarcerates (e.g., to provide food, clothing, recreation, education, medical care) and what standards exist …

The Adam Walsh Child Protection And Safety Act: Legal And Psychological Aspects Of The New Civil Commitment Law For Federal Civil Commitment Law For Federal Sex Offenders , John Fabian

Cleveland State Law Review

The Adam Walsh Act (AWA) became law on July 27, 2006, and is the most expansive and punitive sex offender law ever initiated by the federal government. One aspect of the statute, and the topic of this article, is the civil commitment of federal sex offenders. The AWA civil commitment law has its roots in prior U.S. Supreme Court cases including Kansas v. Hendricks and Kansas v. Crane. While the federal commitment statute is similar to traditional state commitment laws, the AWA does not provide for a finding of "likely" to commit sex offenses. Rather, the statute defines a "sexually …