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The big assumption in this case (Kansas v. Hendricks) is that there is some distinction between civil commitment and criminal imprisonment. If the Court said that involuntary commitment was criminal in nature, it would have violated the Double Jeopardy clause of the Fifth Amendment (because Hendricks had already been tried and convicted of his crime). However, because the Court characterized the commitment as "civil" in nature, it was able to avoid the Double Jeopardy clause altogether (because it only applies to being tried twice for the same criminal charge).

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