Day: August 26, 2015

In the 2002 case McKune v. Lile, the Supreme Court upheld a Kansas law that imposed harsher sentences on sex offenders who declined to participate in a prison rehab program. The substance of the Kansas law the court upheld isn’t as important as the language the court used to uphold it. In his opinion, Justice Anthony Kennedy reasoned that they pose “such a frightening and high risk of recidivism” which he wrote “has been estimated to be as high as 80%.” Five year earlier, in Kansas v. Hendricks, the court…

Read More