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Descrição da editora

On September 6, 1963, a petition was filed under the Sexually Dangerous Persons Act, (Ill. Rev. Stat. 1961, chap. 38, par. 820.01-825e, now Ill. Rev. Stat. 1963, chap. 38, pars. 105-1.01 to 105-12,) to have defendant declared a sexually dangerous person. The court appointed two qualified psychiatrists to personally examine defendant as provided by the act and ordered defendant to appear before them individually for examination. The defendant appeared before the psychiatrists and informed each of them that he felt the compulsory examination was a violation of his constitutional rights. No examination was conducted and the court held defendant in contempt of court. Defendant appeals directly to this court on the ground that the contempt order violates his privilege against self-incrimination. The defendant and the People have briefed the case as though the pivotal question is whether the proceeding under the Sexually Dangerous Persons Act is criminal or civil. Defendant's apparent contention is that the proceeding under the act resembles a criminal prosecution, and therefore the psychiatric examination would amount to compelling him in a criminal case to give evidence against himself. The People, on the other hand, argue that the proceeding is civil in nature and the privilege against self-incrimination is not applicable.

GÉNERO
Profissional e técnico
LANÇADO
1964
29/Setembro
IDIOMA
EN
Inglês
PÁGINAS
10
EDITORA
LawApp Publishers
TAMANHO
64.3
KB

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