The following excerpt is from Arnold A. v. Sanchez, 166 Misc.2d 493, 634 N.Y.S.2d 343 (N.Y. Sup. Ct. 1995):
Despite the suggestion of the petitioner, no absolute due process right to a trial by jury exists under the United States Constitution in cases of civil confinement. Baxstrom v. Herold, 383 U.S. 107, 86 S.Ct. 760, 15 L.Ed.2d 620 (1966), on which petitioner relies, is not to the contrary. That case held that a person whose confinement to a mental institution was sought at the conclusion of a sentence of incarceration is entitled to the same statutory, procedural protections as a person subject to civil confinement--including the right to a jury trial. The issue was resolved on equal protection, not due process, grounds.
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