Doctors v' Police

1
Doctors v. Police
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Civil Commitment Statute

• Dangerous or equivalent doing thing. ( But short
  of battery or clean attempt)( unless just
  alternative criminal disposition then not civil
  commitment)
• Mental problem part.
• What the hospital does for the locked up person
  part.

3
Overbreadth

• Facial challenge
• Substantial impact on protected 1st Amendment
  Activity.
• Convey a message.
• Remove from one place to another.

4
Vagueness

• 1.Fair notice to enable ordinary citizen to
  conform conduct to law.
• 2.Minimal guidelines to govern law enforcement.

5
1960 Times Squareloitering with intent to solicit

• Police could write the law because
• 1. Arrest, then
• 2. Dismiss before trial.
• 3. Therefore never subject to review according to
  a standard.
• THEREFORE POLICE LEGISTATURE
• THEREFOREVAGUENESS-UNCONSTITUTIONAL DELEGATION

6
This Civil Commitment Scheme

• Can Doctors legislate when police cant?
• Remember few if any long enduring cases have
  found real vagueness problems.
• What makes Drs opinions about what is in
  Defendants head and what to do with him
  critically different.