Court: Sexually dangerous can be kept in prison

strollingbones

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Sep 19, 2008
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WASHINGTON -- The Supreme Court says federal officials can indefinitely hold inmates considered "sexually dangerous" after their prison terms are complete.

The high court on Monday reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered "sexually dangerous."

The challenge was brought by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor.

Their confinement was supposed to end more than two years ago, but prison officials said there would be a risk of sexually violent conduct or child molestation if they were released.

Court: Sexually dangerous can be kept in prison


how do you feel about this? basically they are serving more time than sentenced to.

i am just not sure how i feel about this. safety of children or extended terms?
 
Looks like SCOTUS invoked the Necessary and Proper clause.

I'm against this. The courts, through a jury or a deal, set the sentence. This seems like a slippery slope towards arbitrary incarceration that could marginalize our legal process.

I haven't read the opinions yet, so maybe there's something there to change my mind. But I doubt it. This smells like bullshit.
 
Possibly just start serving out life for capital sexual offenses, that would ensure that the ones that are dangerous stay in. Granted our jails would become over populated rapidly, but then again maybe we should bring back the death penalty in the states that prohibited it. And perhaps speed up the process and not wait 10 years to execute someone
 
Looks like SCOTUS invoked the Necessary and Proper clause.

I'm against this. The courts, through a jury or a deal, set the sentence. This seems like a slippery slope towards arbitrary incarceration that could marginalize our legal process.

I haven't read the opinions yet, so maybe there's something there to change my mind. But I doubt it. This smells like bullshit.

It IS bullshit. All that has to be mentioned these days is "sexual predator" or "child molestor" or whatever, and the public goes nuts. Doesn't matter - string 'em up and hang 'em high. No retstraints whatsoever.

Of course child molestors and sexual preditors should be punished. But let's remain sane about it. Another example of this - Megan's Law.

Get a grip on yourself, society.
 
This thread reminds me of something that happened a few years ago. In a small town in Arkansas, a registered child molester moved into an apartment complex after getting out of prison. The apartment building had a large Hispanic population living there at the time, and as most people know, family is very important to Hispanics and they are very protective. Anyway, the "registered child molester" started taking an interest in a few of the young kids at the complex. The parents found out what he had done in his past and one day the guy was found dead in the parking lot from a gunshot wound. The police took a few statements, an ambulance carried away the body and that was that. Nobody was arrested and nobody asked any questions after that. Case closed.
 
WASHINGTON -- The Supreme Court says federal officials can indefinitely hold inmates considered "sexually dangerous" after their prison terms are complete.

The high court on Monday reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered "sexually dangerous."

The challenge was brought by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor.

Their confinement was supposed to end more than two years ago, but prison officials said there would be a risk of sexually violent conduct or child molestation if they were released.

Court: Sexually dangerous can be kept in prison


how do you feel about this? basically they are serving more time than sentenced to.

i am just not sure how i feel about this. safety of children or extended terms?

we've had this on a state level for years. there is a jury trial every time an extension is sought. i don't have a problem with it.
 
We civilly commented a man here.
His name is Kevin Coe aka The Southhill Rapist. He raped women for a few years while they were out running, and he also never took responsiblity for it. His mother also took out a hit on the judge and PA.
He should never be released out into society.
I was also almost say on a jury that would have decided to civilly commit a man. He raped small girls, and I agreed 100% when they sentenced him to life at the facility we had here in Washington.
 
Keeping people in prison for what they MIGHT do is a slippery slope that none of us should want to go down.

perhaps, but my feeling is if you've already got the axe murdering, baby raping sonofabitch behind bars, and a jury listens to evidence and decides that it's not worth the risk to let him out, then keep him locked up.
 
Keeping people in prison for what they MIGHT do is a slippery slope that none of us should want to go down.

perhaps, but my feeling is if you've already got the axe murdering, baby raping sonofabitch behind bars, and a jury listens to evidence and decides that it's not worth the risk to let him out, then keep him locked up.

Agreed...

If the evidence presented is enough to convince a jury of peers that the person would still be a risk to the general poulation then keep him locked up...

Not every sexual deviant locked up is automatically cured of his deviancy when his sentence is up...

If the guy is still whacking off to the Babies-R-Us catalog then it's a pretty strong bet he's not yet ready to rejoin society...
 
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I don't like either alternative.

Sentences should be longer, infinitely longer if necessary. I have no problem with capital punishment in these cases. But keeping someone in jail forever just on the off chance of what they might do is a threat to civil liberty.
 
Why does it only apply to those who are "sexually dangerous"??

- Why not someone prone to murder?
- Gang leaders and mafia leaders?
- Someone with violent anger issues?

Aren't they more dangerous than sexual predators?
 
WASHINGTON -- The Supreme Court says federal officials can indefinitely hold inmates considered "sexually dangerous" after their prison terms are complete.

The high court on Monday reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered "sexually dangerous."

The challenge was brought by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor.

Their confinement was supposed to end more than two years ago, but prison officials said there would be a risk of sexually violent conduct or child molestation if they were released.

Court: Sexually dangerous can be kept in prison


how do you feel about this? basically they are serving more time than sentenced to.

i am just not sure how i feel about this. safety of children or extended terms?

we've had this on a state level for years. there is a jury trial every time an extension is sought. i don't have a problem with it.

Creating laws that add the conditions of possible longer term confinement seem to be constitutional. This case seems to deal with cases that happened earlier under the older laws.

I can see where this could be considered ex post facto. Again once a law is on the books that gives discretion for continued incarceration most constituitional issues evaporate.
 
While I think its a due process violation because you are denying these people liberty after they have served the punishment they were sentenced and such a law is truly outside the scope of Congress' power, I will not lose any sleep over it.

I hope Republicans realize that Scalia and Thomas are the dissenters who argue that Congress doesnt have the authority to act in this capacity. Really if you agree with this decision you are in favor of broad and expansive congressional power(healthcare falls in the realm of congressional power?).
 
While I think its a due process violation because you are denying these people liberty after they have served the punishment they were sentenced and such a law is truly outside the scope of Congress' power, I will not lose any sleep over it.

I hope Republicans realize that Scalia and Thomas are the dissenters who argue that Congress doesnt have the authority to act in this capacity. Really if you agree with this decision you are in favor of broad and expansive congressional power(healthcare falls in the realm of congressional power?).

I would not be applauding if not for the fact that so many judges have let these sex offenders off with little or no punishment after they have destroyed a childs life. I have no sympathy or mercy for them.
 
While I think its a due process violation because you are denying these people liberty after they have served the punishment they were sentenced and such a law is truly outside the scope of Congress' power, I will not lose any sleep over it.

I hope Republicans realize that Scalia and Thomas are the dissenters who argue that Congress doesnt have the authority to act in this capacity. Really if you agree with this decision you are in favor of broad and expansive congressional power(healthcare falls in the realm of congressional power?).

I would not be applauding if not for the fact that so many judges have let these sex offenders off with little or no punishment after they have destroyed a childs life. I have no sympathy or mercy for them.

Nor do I. But we have to ask ourselves is this really a law that we want Congress to make and do you think Congress even has the authority to make it? (as per SCOTUS they do). And where do we draw a line for incarcerating someone longer than their imposed sentence? Personally, I think people who get DUIs get of easy, are bound to repeat their behavior, and are a great threat to society. But I dont think we should deny them liberty outside of their sentence.
 

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