Justices Rule That Sex Offenders May Be Held After Their Sentences End

[DaveTN]

Supreme Court Rules Sex Offenders Can Be Imprisoned After Sentences Expire - Crossroads - CBS News

The Supreme Court ruled today that convicted sex offenders can be imprisoned even after their sentences expire if they are determined to be mentally ill and sexually dangerous.

In a decision by Justice Stephen Breyer, the Court upheld a federal law that allows dangerous sex offenders to remain in prison if the federal government proves by clear and convincing evidence they would have "serious difficulty in refraining from sexually violent conduct or child molestation" if released.

The case came about when the government sought to detain five men who had been convicted or charged with federal sex offenses. Three had pleaded guilty in federal court to possessing child pornography and a fourth had pleaded guilty to sexual abuse of a minor. The fifth man was charged with aggravated sexual abuse of a minor, but was found incompetent to stand trial.

The five men argued that continuing to detain them violated their constitutional rights. A federal appeals court agreed that Congress exceeded its power in passing the law.

In overturning the appeals court decision, the Court emphasized that the constitutional clause at issue "grants Congress broad authority to enact federal legislation."

Justice Clarence Thomas, joined by Justice Antonin Scalia, said the Court was granting Congress broad powers that should be left to the states

[TripleDigitRide]

I'm all for punishing sex offenders to the max, but this ruling is a little scary, IMHO.

If they can make such a ruling in regards to sex offenders, what's to prevent them from making a similar ruling when it comes to other crimes? Where do you draw the line?

[kb4ns]

Personally I couldn't care less what they do to sex offenders. But... this is a slippery slope!!

[Chief07]

Although I can't stand those scum-bags, This is very dangerous. Can they keep political dissenters locked up? "Tea Party terrorists"? You get my point.

These Communists that have infiltrated Congress are trying to set up the American public.

A very slippery slope.

[Dolomite_supafly]

I agree this is a slippery slope. Everybody applauds this because it is sex offenders and I am in agreement that those who commit sex crimes should have whatever means it takes to prevent it from happeneing again. At some point though the jump will be made and apply the same ruling to other crimes. By ruling that keeping sex offenders indefinitely is constitutional it might one day be applied to other laws that have been broken.

After all a crime is a crime and those who continue to commit crimes might someday find themselves in the same boat. Perhaps one day the person who has been repeatedly arrested or cited for something relatively minor is kept in jail indefinitely to prevent him/her from doing it again. Chronic speeders, pot smokers, or a number of other crimes that people tend to continue to do even after getting caught.

Jail isn't the solution for the sex offenders but a institution similar to a mental institution would work better. After all it is a mental disorder and should be treated as such rather than keeping them in jail indefinitely. Most jails aren't equipped to treat mental disorders anyways so why expect any type of behavior modification. They should be institutionalized, like they do now, as if they have a metal disorder that is dangerous to others.

Dolomite

[Guest jackdm3]

Slippery slope, y'all.

[kb4ns]

Slippery slope, y'all.

In case it hasn't been thoroughly stated-

[Guest jackdm3]

Icy hills, y'all.

[Punisher84]

Are you guys saying this is a slippery slope? That's what it seems like to me, a slippery slope that is.

Slippery slope.

[Mike.357]

I ain't so sure about this.

[G27]

I understand the 'slippery slope' comments and all, but SCOTUS rulings are pretty specific - if the government wants to abuse the rulings handed down by the SCOTUS, they'll do it. If the government wants to round up folks and charge them falsely, they'll do that, too.

This is a good move in dealing with the (seemingly) dangerously high level of recidivism among certain sex offenders.

[DaveTN]

If you think your legislators are going to start putting speeders and pot smokers in prison for the rest of their lives; then yes this may be a slippery slope.

But you might try taking off your tin foil hat and putting on some skis; it’s worth the ride.

[Guest Jamie]

All I get out of this ruling is that if a sex offender proves to be batsh*t nuts they can be held after they've served their time... which really isn't any different than it's always been: If you're crazy, you get locked up in the loony bin.

What I find to be interesting about it though is that it would seem to shoot down anyone using insanity as a defense for committing a crime.

I mean, doesn't this pretty much say "Okay, so you're nuts. You still get to serve your time, and THEN get to go to the psych ward"?

J.

[gnmwilliams]

They wouldn't have this problem if they just made the original sentence harsher. Molest a child, you give up your right to freedom...ever.

[G27]

They wouldn't have this problem if they just made the original sentence harsher. Molest a child, you give up your right to freedom...ever.

Screw that, child molestation should get the death sentence.

Our judicial leniency is one of the reasons the very foundations of this country are crumbling.

[mikegideon]

They wouldn't have this problem if they just made the original sentence harsher. Molest a child, you give up your kajones.

Fixed that for ya.

[Guest boatme99]

Wrong, wrong, wrong. We're all in deep doo-doo if this stands.

[gnmwilliams]

Screw that, child molestation should get the death sentence.

Our judicial leniency is one of the reasons the very foundations of this country are crumbling.

I was gonna say that but then I thought about what happens to child molesters in jail and I figuered that'd be worse to me than death.

[G27]

Wrong, wrong, wrong. We're all in deep doo-doo if this stands.

Why?

You really think they can't drag you away and throw away the key anytime they want already?

It's amazing - when sex offenders get out and commit another crime, everyone screams about how borken the legal system is, so when they find ways to stiffen the penalties, people break out the tinfoil hats and start screaming about slippery slopes...

[Guest Glock23ForMe]

They wouldn't have this problem if they just made the original sentence harsher. Molest a child, you give up your right to freedom...ever.

IMHO, Sex Offenders and men that raise their hand to a woman are the most lowlife scum this earth has created. They should be dealt with accordingly. I agree that if they seem "Nuts" (IDK who is going to define that, but someone will try, and then someone else will again, and again and again, and then it will be "unconstitutionally vague" and they'll all get out of prison) keep them in there. Nothing worse than someone molests a 12 year old, gets out because he's "better" and in three weeks he does it again. Keep them in there... For Good. They've had their chance.

It's amazing - when sex offenders get out and commit another crime, everyone screams about how borken the legal system is...

ITS BORKEN, I TELL YOU!!!! All in good fun.

[G27]

ITS BORKEN, I TELL YOU!!!! All in good fun.

Hahaha, dangit, I type it that way EVERY TIME...

[Guest Glock23ForMe]

Hahaha, dangit, I type it that way EVERY TIME...

I'm a pilot and do that with the word "Aviation"... I can NEVER get it right... It always comes out aviaiton or something like that....

[DaveTN]

Allowed to stand?…. its done.

The system that our founding Fathers put in place has worked. They have ruled there is no violation of rights or of the Constitution.

I will go on record as saying this is a good thing and no slippery slope.

Now… when the state legislature decides to hold traffic offenders in prison after they pay their tickets; we may have to revisit this.

[strickj]

Why?

You really think they can't drag you away and throw away the key anytime they want already?

It's amazing - when sex offenders get out and commit another crime, everyone screams about how borken the legal system is, so when they find ways to stiffen the penalties, people break out the tinfoil hats and start screaming about slippery slopes...

Sentencing someone to more jail time after they have already served their jail time for a crime is against the constitution.

I want these sick SoBs locked away, the right way.

I don't want some overpaid politician or judge to decide by his opinion that someone should get jailed, again.

There's a right way to do it.

The right way is to convict them to the appropriate jail time (reads life) at their hearing.

[towerclimber37]

It's done and the system that the founders put in place hasn't worked, it's been ignored!

I despise sex offenders. Still, every man or woman should not be held without Just cause.

if they have served their time, then according to the founders, they are free to re join society.

IF they have done something SO terrible that they should not be let back into society, either ensure that their sentences are so long that they never see the outside world again, or put them to death.

Once the government has the power to hold someone without due process and for no reason, you can bet that they'll use that power. They already have, with the patriot act.

Make no mistake. rebellions have been fought over this very thing.

(remember Bastille day anyone?)

Because they hold indefinitely someone that you or I think should be UNDER the jail instead of in it, is of little regard. Will you cry out when they hold someone you DON'T think should be held?