Weighing Expert Witness Testimony in Civil Commitment Release Hearings for Sexually Dangerous Individuals

[摘要] sexually dangerous personsexpert testimonyexpert opinionsAdam Walsh Actconditional releaseFourth Circuit Affirms That District Court Did Not Abuse Its Discretion in Favoring One Expert Opinion over Another during Release ProceedingsIn United States v. Shea, 989 F.3d 271 (4th Cir. 2021), Kevin Shea appealed the decision of the District Court for the Eastern District of North Carolina that he suffered from a serious mental illness or mental disorder and would remain a sexually dangerous person if released without conditions and, therefore, could be released only with conditions. The district court relied on Mr. Shea's extensive history of sexual misconduct and the testimony of the government's expert witnesses. Mr. Shea contended that the court erred in finding that his discharge should be subject to conditions; he relied mainly on the testimony of his own expert witnesses to support his claim. The Fourth Circuit affirmed the decision of the district court, ruling that the district court did not clearly err in finding that Mr. Shea would be sexually dangerous to others without the conditions.

[学科分类] 儿科学

[关键词] sexually dangerous persons;expert testimony;expert opinions;Adam Walsh Act;conditional release