BARBOZA
v.
MASSACHUSETTS

U.S. | 1982-11-15
No. 82-5461
459 U.S. 1020 Supreme Court of the United States (1982) Positive Treatment
Cited by 1 case
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  • United States v. Sahhar, 917 F.2d 1197 (9th Cir. 1990)
    …entitled to be released. Thus, federal commitment serves a regulatory, rather [*1206] than punitive, purpose and section 4246 need not incorporate the right to a jury trial. See Commonwealth v. Barboza, 387 Mass. 105, 438 N.E. 2d 1064, cert. denied, 459 U.S. 1020, 103 S.Ct. 385, 74 L.Ed.2d 516 (1982) (holding that the sixth amendment jury right does not apply to civil commitments).10 B. Because the sixth amendment is inapplicable here, we turn to Sahhar’s contention that the fifth amendment’s due process cl…

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