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Landmark Cases

Case Name: in re YOUNG, in re CUNNINGHAM

Date, Location, Cite: 1993 857 P. 2d 989
WA Supreme Ct. WA State

WA's Community Protection Act of 1990 authorized indefinite commitment of one determined to be a "sexually violent predator," defined as one "who has been convicted of or charged with a crime of sexual violence and who suffers from a mental ABNORMALITY or PERSONALITY DISORDER which makes him likely to engage in predatory sexual violence."

Inmates convicted of a sex offense, found incompetent to stand trial for such an offense, or found not guilty by reason of insanity of a sex offense could be locked up again after release.

Irwin Dreiblatt, PhD, said Young had a severe paraphillia, Leslie Rawlings, PhD, said Cunningham was abnormal.

Court said several pathologies they identified were as valid as those listed by the APA, and justified Civil committment, which was seen as an "attempt' to cure them, and to protect the community, just as in any civil committment.

This was NOT a Criminal, punative, act, was for defendant's best interest, so constitutional rights didn't apply(???)

See Young v. Weston