then how is the statutory period of, uh, time that he could serve on the criminal charge relevant? Well, we think the only justifications that could, the only justifications that could, um, that could countenance that initial commitment are punitive in nature, that is, are a kind of punitive rationale. And so, to -- for us to agree with your position we would have to conclude that his initial commitment was punitive? Well, Your Honor, I don't think that it's terribly important whether the word "punitive" is used, but I do think that any kinds of justifications which would justify the initial commitment are what I would call backward looking justifications, that is, justifications that do turn on the fact that he, it -- was found to have