Is a criminal statute that imposes a "risk of arbitrary deprivation of liberty" against a person who has committed a criminal offence against a minor?
MultiRegion, United States of America
The following excerpt is from Forbes v. Napolitano, 236 F.3d 1009 (9th Cir. 2001):
the risk of arbitrary deprivation of their liberty. Id. Regardless of what type of conduct the criminal statute targets, the arbitrary deprivation of liberty is itself offensive to the Constitution's due process guarantee. Smith v. Goguen, 415 U.S. 566, 575, 94 S.Ct. 2294, 33 L. Ed. 2d 222 (1972).
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