The MSOP...

The MSOP...
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Friday, March 22, 2013

Clear & Convincing to Beyond a Reasonable Doubt

These Sex Commitments MUST be changed this Session to Proof Beyond Reasonable Doubt! The standard of Clear and Convincing is low, despite dissenting views on the Task Force expressed.

District Court Judges throughout Minnesota have abused the Clear and Convincing burden and there is adequate precedent for the Proof Beyond A Reasonable Doubt in Kansas and numerous other SVP States, which reflects the fact that the Task Force members are not adequately educated yet about these cases, which I'm sure will change as this process continues forward.

Clear and Convincing is the burden that Addington v Texas established, and the context in that case is actual Mental Illness, in which traditionally the commitment durations are very short, oftentimes just weeks or a few months. These SDP/SPP cases are essentially life sentences and the burden should be the highest level as well as jury trials.

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