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BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly

 
Anonymous Coward
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05/17/2010 11:02 AM
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BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
WASHINGTON – The Supreme Court ruled Monday that federal officials can indefinitely hold inmates considered "sexually dangerous" after their prison terms are complete.

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

"The statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned by who may be affected by the federal imprisonment of others," said Justice Stephen Breyer, writing the majority opinion.

President George W. Bush in 2006 signed the Adam Walsh Child Protection and Safety Act, which authorized the civil commitment of sexually dangerous federal inmates.

The act, named after the son of "America's Most Wanted" television host John Walsh, was challenged 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.

A fifth man who also was part of the legal challenge was charged with child sex abuse, but declared incompetent to stand trial.

The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled last year that Congress overstepped its authority when it enacted a law allowing the government to hold indefinitely people who are considered "sexually dangerous."

But "we conclude that the Constitution grants Congress legislative power sufficient to enact" this law, Breyer said.

Justice Clarence Thomas dissented, saying Congress can only pass laws that deal with the federal powers listed in the Constitution.

Nothing in the Constitution "expressly delegates to Congress the power to enact a civil commitment regime for sexually dangerous persons, nor does any other provision in the Constitution vest Congress or the other branches of the federal government with such a power," Thomas said.

Thomas was joined in part on his dissent by Justice Antonin Scalia.

Chief Justice John Roberts last year granted an administration request to block the release of up to 77 inmates at a federal prison in North Carolina. These were people whose prison terms for sex offenses were ending. The justice's order was designed to allow time for the high court to consider the administration's appeal.

The Adam Walsh Child Protection and Safety Act also establishes a national sex offender registry, increases punishments for some federal crimes against children and strengthens child pornography protections. Those provisions are not being challenged.

State laws allowing civil commitments of sex offenders also are unaffected.
[link to news.yahoo.com]
Anonymous Coward (OP)
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05/17/2010 11:22 AM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
So what do the constitutionalists think of this?

On one hand no one wants sexual predators roaming the street. Especially when their crime was against a child.

On the other hand this may set a dangerous president. I mean generally speaking, once someone has served their time they should be set free right?
Anonymous Coward (OP)
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05/17/2010 11:51 AM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
Nobody finds this disturbing, or have an opinion about the ruling one way or another?
Sinanju2

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05/17/2010 11:53 AM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
So what do the constitutionalists think of this?

On one hand no one wants sexual predators roaming the street. Especially when their crime was against a child.

On the other hand this may set a dangerous president. I mean generally speaking, once someone has served their time they should be set free right?
 Quoting: Anonymous Coward 972819


>>Unconstitutional in my opinion. However, the death penalty for sexual offenders is not unconstitutional.
I don't do book reports, I don't sort the wheat from the chaff but I will discuss the topic of your ignorance if I'm asked. -MC Frontalot

“But make no mistake, BP is operating at our direction...” -Barry Obammy
Anonymous Coward
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05/17/2010 11:55 AM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
Nobody finds this disturbing, or have an opinion about the ruling one way or another?
 Quoting: Anonymous Coward 972819

I say let the perverts rot in prison for life, im sick and tired of these people who plea insanity only getting 5 years in prison for raping and murdering children. "but they can be rehabilitated into model people" Bull shit they cant. get a 5ft rope and find a 20ft tree and let them swing in the breese.
EnemyofMan

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05/17/2010 11:57 AM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
What the fuck?

Seriously?



That is money down the fucking drain taking care of these assholes for the 'rest of eternity'.

BRING BACK OL' SPARKY!!!

Or even the noose for that matter.

putin
Embrace absolution.
Sinanju2

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05/17/2010 11:59 AM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
Nobody finds this disturbing, or have an opinion about the ruling one way or another?

I say let the perverts rot in prison for life, im sick and tired of these people who plea insanity only getting 5 years in prison for raping and murdering children. "but they can be rehabilitated into model people" Bull shit they cant. get a 5ft rope and find a 20ft tree and let them swing in the breese.
 Quoting: Anonymous Coward 943007


>>There is a difference between 'rotting in prison' and being executed. Letting them rot in prison is not constitutional. Executing them is.

(of course, things like police operations to round up sexual offenders - posing as a 12 year old on the internet or working with Chris Hanson, ARE UNCONSTITUTIONAL. No crime has occurred unless the 'sexual offender' was actually talking to and meeting an underage child. Further, if the police use an underage child as bait, that is reckless endangerment of a minor. Beware the 'thought crime')
I don't do book reports, I don't sort the wheat from the chaff but I will discuss the topic of your ignorance if I'm asked. -MC Frontalot

“But make no mistake, BP is operating at our direction...” -Barry Obammy
Truthseekr

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05/17/2010 11:59 AM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
give rapists murderers and child rapists LIFE INstantly...
Anonymous Coward
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05/17/2010 12:00 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
So what do the constitutionalists think of this?

On one hand no one wants sexual predators roaming the street. Especially when their crime was against a child.

On the other hand this may set a dangerous president. I mean generally speaking, once someone has served their time they should be set free right?
 Quoting: Anonymous Coward 972819

My opinion is it is unconstitutional for convicted sex offenders to be out on the streets.The problem is that the length of time served in no way reflects the severity of the crime. All sex offenses are serious crimes, absolutely for a child victim, but even if the victim was an adult or an animal.
Anonymous Coward
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05/17/2010 12:05 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
What made me angry is there are programs to give these offenders special help to get a job and a place to live when they get out, because understandably, no one want them in their neighborhood. While millions of hard-working, law- abiding Americans with families who never hurt anyone are looking for work.
Anonymous Coward
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05/17/2010 12:05 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
If a child is involved...quick capital punishment. Quick meaning in back of the courthouse quick. However, what worries me is if they make it indefinite for this crime...who's to say they might make it for other crimes...like posting something on GLP?
Anonymous Coward
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05/17/2010 12:10 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
I'm all for the death penalty in any case of rape, be the victim a child or adult. If a period of incarceration is meted out, a sentence of Life + 1 day can keep the perp in prison indefinately, in which case they can become the bitches of their fellow prison inmates. :)

We don't need these types of men running our streets. Period.
.
Anonymous Coward
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05/17/2010 12:11 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
This is fucking unconstitutional.

They will broaden it to ``terrorists`` soon, that means anyone opposing the government.
Sinanju2

User ID: 973246
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05/17/2010 12:12 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
So what do the constitutionalists think of this?

On one hand no one wants sexual predators roaming the street. Especially when their crime was against a child.

On the other hand this may set a dangerous president. I mean generally speaking, once someone has served their time they should be set free right?

My opinion is it is unconstitutional for convicted sex offenders to be out on the streets.The problem is that the length of time served in no way reflects the severity of the crime. All sex offenses are serious crimes, absolutely for a child victim, but even if the victim was an adult or an animal.
 Quoting: Anonymous Coward 222101


>>Indefinite incarceration is unconstitutional. It is SPECIFICALLY prohibited.

The death penalty is not.
I don't do book reports, I don't sort the wheat from the chaff but I will discuss the topic of your ignorance if I'm asked. -MC Frontalot

“But make no mistake, BP is operating at our direction...” -Barry Obammy
Sinanju2

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05/17/2010 12:13 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
This is fucking unconstitutional.

They will broaden it to ``terrorists`` soon, that means anyone opposing the government.
 Quoting: Anonymous Coward 973064


>>Indeed. But be more afraid of THOUGHT CRIME being punished than the punishment.
I don't do book reports, I don't sort the wheat from the chaff but I will discuss the topic of your ignorance if I'm asked. -MC Frontalot

“But make no mistake, BP is operating at our direction...” -Barry Obammy
Aquarius 7

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05/17/2010 12:13 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
In many countries, rape is punishable by death.

Seems like a good plan to me.

.

Last Edited by Aquarius 7 on 05/17/2010 12:13 PM
.

Cayce: “… The greater portion of Japan must go into the sea. …. then we may know it has begun …”. www.near-death.com/experiences/cayce11.html
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Anonymous Coward
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05/17/2010 12:14 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
This is a dangerous precedent and the fact it is a ruling by the supreme court means that it will carry weight if another "dangerous group" comes up which they want to lock away indefinitely.

They will look here and say that it was okay and because of that be able to say that those who pose a danger to the government present similar risks, thus because of this ruling they can be locked up too.

This is an extremely dangerous ruling which has the potential to undermine sentencing guidelines in a wide variety of cases.

Very bad. Very much out of line with what the constitution intended IMHO.
New Hope

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05/17/2010 12:20 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
This is...chilling...to say the least. While I agree in principle that sex offenders should not be released into the general public, there are too many things wrong with the current law (and mentality of people regarding sex offenders) for this ruling to be good.

For example, a person can be listed as a sex offender (albiet a low level one) for something a simple as public urination. Or how 'bout this scenario, which has happened to more than a few men (and women); man (or woman) is just within the age of consent, partner is just under. Boom, that's a crime that's a crime that labels you sex offender.

And of course, we have the people who sit in jail (mostly guys, as unfortunate as that fact is), labeled as sex offenders, who have been falsely accused.

And if it's a guy that's accused of a sex crime, you can damn well believe he's going to be found guilty. The trial would have to be held far outside the area for him to get a fair trial, since the mentality of the public is "guilty even if proven innocent" in those cases.

No, this ruling is not good, and will not be good until there is a massive overhaul of the system.
Anonymous Coward (OP)
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05/17/2010 12:51 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
bump
Anonymous Coward
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05/17/2010 12:55 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
This is fucking unconstitutional.

They will broaden it to ``terrorists`` soon, that means anyone opposing the government.
 Quoting: Anonymous Coward 973064

This will be the case and they will broaden the vagueness of the definition of "sex offender".

PENIS VAGINA is the new terrorist!
Anonymous Coward
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05/17/2010 12:58 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
Next, any repetitive offender will be kept in jail.. If you need a job get into construction.. we're going to need lots more holding facilities.
Anonymous Coward
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05/17/2010 01:00 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
If a child is involved...quick capital punishment. Quick meaning in back of the courthouse quick. However, what worries me is if they make it indefinite for this crime...who's to say they might make it for other crimes...like posting something on GLP?
 Quoting: Anonymous Coward 973213

Kinda how I feel. I don't like the idea of incarceration beyond imposed sentence. If they can do it to fucking pedos they can do it to anybody. What they DO need is to stop fucking around with these animals who hurt children/molest/rape with light sentences. Most are out in 5 years or less. Their sentences should start with nothing under 50 years and end with the death penalty.
Dark Age

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05/17/2010 01:03 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
Well why do Libs fight for the rights of sex offenders? Last year here in NJ Lib groups fought for the rights of child predators to participate in Halloween. WTF is wrong with these people. Oh the poor rapist he's a victim too. It's a disease we can help these people.

A teacher a few towns away from me raped and killed a seven year old girl selling girl scout cookies. He should have been killed, now the poor mother has to fight his parole every few years.

Serving jail time is not justice in cases like these. The bastards always do it again when they get out. The men who drafted the constitution would have dealt with cases like this swiftly. The constitution doesn't protect the rights of Rapists murderers. These fucks don't deserve jail.
- W.A.G.D. -

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Enaid

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05/17/2010 01:07 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
1 bullet to the brain
Personal responsibility - try it sometime. Quit blaming others for your bad choices. Consequences happen.

:enaid11:
why do I care
User ID: 969029
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05/17/2010 01:09 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
The "system" does not work.
It is ineffectual, socially. The "law" only supports " the system". It does not support nor protect "victims".
The system should be ignored, and real, actual pedophelic crimes should be dealt with by the pier network(familiy, friends, etc) of each victim. The punishment would be swift, just, and socially constructive. This type of response would allow for real, actual inner and intersocial development with social/cultural structure/environment.

The current methods only disable true justice and further victimize both sides of the crime set. It only benifits the system..not the people. Not the culture.
Anonymous Coward
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05/17/2010 01:10 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
From the transcript....

JUSTICE SOTOMAYOR: Under your theory --under the theory that you are proposing, then, any dangerous person, whether it's because of mental illness or any other reason, could be held indefinitely under a civil commitment statute. Because what you're saying is that the Federal Government, merely because of their --
their time in control of the individual, has an unlimited constitutional power to then civilly commit this dangerous person.

GENERAL KAGAN: I think what would prevent that, Justice Sotomayor, is the Due Process Clause. It is obviously the case that there are other constraints on governmental action than Article I.

JUSTICE SOTOMAYOR: Well, what constrains the government under the Due Process Clause from invoking a dangerousness merely because someone has a long history. We have many criminal defendants with long histories of violent behavior. Many of them continue that violent behavior in prison and some of them at the end of their term are let out, because their term has been completed. So what are the Due Process Clause effects?

GENERAL KAGAN: Well, I think that the history of this Court's cases would suggest that if this were a person without mental illness that the civil commitment statutes --

JUSTICE SOTOMAYOR: But that's where I'm trying to understand -- because the connection between the nature of the mental illness and the constitutional power that you are claiming. What -- what is it that gives you that power?
Alderson Reporting Company


GENERAL KAGAN: Well, if you go back to a case like Kansas v. Hendricks, which is of course where this Court thought about a civil commitment statute with relation to sexually dangerous offenders, I think the Court made clear that it was important in that case that there be not only sexual dangerousness, but also mental illness, in order to invoke the civil commitment statute.
Anonymous Coward
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05/17/2010 01:10 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
I don't have a problem with locking up sex offenders indefinitely, but the Feds should not have a say in the matter, one way or the other. This is an area reserved for the states.
Anonymous Coward
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05/17/2010 01:11 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
ARREST THE FUCKERS.

ARREST THE SUPREME COURT, THE CONGRESS AND THE PRESIDENT.

THEN SHOOT THEM ALL.
Anonymous Coward
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05/17/2010 01:16 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
GENERAL KAGAN: I don't think so, Justice Scalia. I think, in fact, that -- that Congress in each of these three occasions has limited the civil commitment power only to people who have been -- who are in the custody of the Federal Government and over whom the Federal Government has a distinctive responsibility.

I will give you an example, Justice Scalia. I mean, suppose that there was some very contagious form of drug-resistant tuberculosis that had -- had become prevalent in the prison system, and States were not able to deal with that, with quarantining these people upon their release date. And Congress said: You know, the best thing to do is to have the Federal Government act as the appropriate quarantining authority because we don't think that States are able to step up and deal

Alderson Reporting Company

Official - Subject to Final Review

with this problem.
Would anybody say that the Federal Government would not have Article I power to effect that kind of public safety measure? And the exact same thing is true here. This is exactly what Congress is doing here, is to make sure that mentally ill, sexually dangerous --
Anonymous Coward
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05/17/2010 01:19 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
Just wow on this one.....read this one and think about it....they put somebody away for say a bribery charge and then they declare them a sexual predator...

JUSTICE STEVENS: No, but my point is the law applies to a person who is convicted of armed robbery or bank robbery and just before the end of his term in prison the authorities decide he is in fact a potential sexual offender. They can detain him.

GENERAL KAGAN: Yes, yes, that's right. As I was saying, 20 of these people fall within that category, that -- that they are in prison for a nonsexual offense.
Anonymous Coward
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05/17/2010 01:20 PM
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Re: BREAKING - Supreme Court Rules Sex Offenders Can Be Kept In Prison Indefinitly
FINALLY!!!

A little Public SAFETY applied here . .


cheeses . ..





GLP