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New Jersey Sex Offenders Civilly Committed (Ex Post Facto Arguments)

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January 5, 2010

The ex post facto clauses of the United States and New Jersey Constitutions have been cited in attempts to strike down New Jersey's civil commitment laws. Under both the State and Federal Constitution, the Ex Post Facto Clause cannot be violated without the imposition of punishment. Doe v. Poritz, 142 N.J. 1, 42 (1995); Kansas v. Hendricks, 521 U.S. 346, 361, 117 S. Ct. 2072, 2082, 138 L. Ed. 2d 501, 515 (1997). As the SVPA is a civil statute providing for treatment of the sexually dangerous, it does not impose punishment. State v. Bellamy, 178 N.J. 127, 138 (2003). This argument is therefore without merit.

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Posted by The Law Office Anthony J. Vecchio, LLC | | Email This Post

Posted In: Criminal Appeals , Sex Offenses