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Supreme Court rules that sex offenders can he held indefinitely
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ETSUfan1 Offline
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Post: #1
Supreme Court rules that sex offenders can he held indefinitely
Seems a little...uh you know, unconstitutional to me.






The Supreme Court ruled Monday the federal government has the power to indefinitely keep some sex offenders behind bars after they have served their sentences, if officials determine those inmates may prove "sexually dangerous" in the future.

"The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose," Justice Stephen Breyer wrote for the 7-2 majority.
05-17-2010 12:27 PM
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RaiderATO Offline
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Post: #2
RE: Supreme Court rules that sex offenders can he held indefinitely
http://www.supremecourt.gov/opinions/09pdf/08-1224.pdf

Only Thomas and Scalia dissenting on the basis of the 10th amendment (State's rights).
(This post was last modified: 05-17-2010 12:49 PM by RaiderATO.)
05-17-2010 12:41 PM
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SumOfAllFears Offline
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Post: #3
RE: Supreme Court rules that sex offenders can he held indefinitely
D@mn This is big. But will Lower court Judges get in line and enforce it.
(This post was last modified: 05-17-2010 01:06 PM by SumOfAllFears.)
05-17-2010 01:05 PM
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WoodlandsOwl Offline
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Post: #4
RE: Supreme Court rules that sex offenders can he held indefinitely
(05-17-2010 01:05 PM)SumOfAllFears Wrote:  D@mn This is big. But will Lower court Judges get in line and enforce it.

Good precedent once the "indefinite detention of Terrorists" issue gets to the US Supreme Court.

"These guys are too dangerous to let go... just like Sex Offenders"....
05-17-2010 01:08 PM
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nomad2u2001 Offline
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Post: #5
RE: Supreme Court rules that sex offenders can he held indefinitely
You give these guys a sentence for a reason. The only real solution is for longer sentences.
05-17-2010 02:39 PM
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Fo Shizzle Offline
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RE: Supreme Court rules that sex offenders can he held indefinitely
(05-17-2010 12:27 PM)ETSUfan1 Wrote:  Seems a little...uh you know, unconstitutional to me.






The Supreme Court ruled Monday the federal government has the power to indefinitely keep some sex offenders behind bars after they have served their sentences, if officials determine those inmates may prove "sexually dangerous" in the future.

"The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose," Justice Stephen Breyer wrote for the 7-2 majority.

Well...The government has the power to do just about anything it wants to...It has the guns and the monopoly on the use of force. While I have no sympathy for diddlers...Does this not smack somewhat of "double jeopardy"? Is it not the job of intensive probation to track these people after release? Is this an admission of failure of the justice system?

I would contend that the court has set a precedent that will eventually expand to include ANY released convict that might be considered dangerous. As with ALL things governmental...expansion beyond the original scope is almost guaranteed. I must uneasily say that I object to this decision on that ground. This has shades of gulag all over it. what will come next? Locking up people that seem dangerous even though no crime has been committed? In any rate...it seems to be a rather bold decision by the court that I don't think many of us would have predicted.
(This post was last modified: 05-17-2010 05:00 PM by Fo Shizzle.)
05-17-2010 04:58 PM
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Fo Shizzle Offline
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Post: #7
RE: Supreme Court rules that sex offenders can he held indefinitely
It is my understanding that the SCOTUS has ruled numerous times that the government is NOT liable for protection of its citizens..If so one could bring suit against it for failing to do so.. Is this a change in that stance?
05-17-2010 05:04 PM
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MileHighBronco Offline
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RE: Supreme Court rules that sex offenders can he held indefinitely
At least on this one, I'm with you Fo Shiz.
05-17-2010 05:05 PM
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DrTorch Offline
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Post: #9
RE: Supreme Court rules that sex offenders can he held indefinitely
This is wrong. Very wrong.

I gotta get out of here. Won't be long before there are gulags, with enemies of the state who need to be held indefinitely.
05-17-2010 08:30 PM
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NIU05 Offline
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Post: #10
RE: Supreme Court rules that sex offenders can he held indefinitely
(05-17-2010 08:30 PM)DrTorch Wrote:  This is wrong. Very wrong.

I gotta get out of here. Won't be long before there are gulags, with enemies of the state who need to be held indefinitely.

THIS IS HUGE! That is a stunner. Is this getting much play in the national press? I would think this would be a TOP story and civil libertarians would be up in arms and shouting. BTW, civil libertarians on BOTH sides of the aisle........
05-17-2010 09:14 PM
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smn1256 Offline
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Post: #11
RE: Supreme Court rules that sex offenders can he held indefinitely
This isn't right; you serve your sentence and you're done. Period. But if you're gonna do this, then why not include murderers, gang bangers, etc?
05-17-2010 09:31 PM
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RaiderATO Offline
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Post: #12
RE: Supreme Court rules that sex offenders can he held indefinitely
(05-17-2010 09:31 PM)smn1256 Wrote:  ... gang bangers, ...

What's wrong with sharing in the fun? The more the merrier, right?

(always laughed at that term)
05-17-2010 10:31 PM
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RobertN Offline
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Post: #13
RE: Supreme Court rules that sex offenders can he held indefinitely
(05-17-2010 04:58 PM)Fo Shizzle Wrote:  
(05-17-2010 12:27 PM)ETSUfan1 Wrote:  Seems a little...uh you know, unconstitutional to me.






The Supreme Court ruled Monday the federal government has the power to indefinitely keep some sex offenders behind bars after they have served their sentences, if officials determine those inmates may prove "sexually dangerous" in the future.

"The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose," Justice Stephen Breyer wrote for the 7-2 majority.

Well...The government has the power to do just about anything it wants to...It has the guns and the monopoly on the use of force. While I have no sympathy for diddlers...Does this not smack somewhat of "double jeopardy"? Is it not the job of intensive probation to track these people after release? Is this an admission of failure of the justice system?

I would contend that the court has set a precedent that will eventually expand to include ANY released convict that might be considered dangerous. As with ALL things governmental...expansion beyond the original scope is almost guaranteed. I must uneasily say that I object to this decision on that ground. This has shades of gulag all over it. what will come next? Locking up people that seem dangerous even though no crime has been committed? In any rate...it seems to be a rather bold decision by the court that I don't think many of us would have predicted.
That will exist in Arizona once the immigration law goes effect. 05-stirthepot
05-18-2010 02:06 AM
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RobertN Offline
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Post: #14
RE: Supreme Court rules that sex offenders can he held indefinitely
(05-17-2010 08:30 PM)DrTorch Wrote:  This is wrong. Very wrong.

I gotta get out of here. Won't be long before there are gulags, with enemies of the state who need to be held indefinitely.
I thought that was what Bush created down in Gitmo?
05-18-2010 02:08 AM
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jh Offline
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RE: Supreme Court rules that sex offenders can he held indefinitely
One thing to keep in mind is that States already have this power (or at least the option to grant themselves this power) and most crimes, including sex crimes, are prosecuted at the State level.

http://www.law.cornell.edu/supct/html/95-1649.ZS.html
Quote:This Court has consistently upheld involuntary commitment statutes that detain people who are unable to control their behavior and thereby pose a danger to the public health and safety, provided the confinement takes place pursuant to proper procedures and evidentiary standards. Foucha v. Louisiana, 504 U.S. 71, 80. The Act unambiguously requires a precommitment finding of dangerousness either to one's self or to others, and links that finding to a determination that the person suffers from a "mental abnormality" or "personality disorder...."

The Act does not establish criminal proceedings, and involuntary confinement under it is not punishment....

Commitment under the Act does not implicate either of the two primary objectives of criminal punishment: retribution or deterrence. Its purpose is not retributive: It does not affix culpability for prior criminal conduct, but uses such conduct solely for evidentiary purposes; it does not make criminal conviction a prerequisite for commitment; and it lacks a scienter requirement, an important element in distinguishing criminal and civil statutes. Nor can the Act be said to act as a deterrent, since persons with a mental abnormality or personality disorder are unlikely to be deterred by the threat of confinement.

It doesn't help my comfort level with this decision that the lead plantiff wasn't convicted of a violent sex crime. Not to minimize possession of child pornography, but it seems a lot easier to believe that a person is a threat if they've already shown a propensity for violent acts (though in my brief search I haven't found the reasons used for the designation).
05-18-2010 04:29 AM
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Smaug Offline
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Post: #16
RE: Supreme Court rules that sex offenders can he held indefinitely
Drunk drivers have a high recidivism rate, too.

How would you like to spend the rest of your life (or a large portion of it) in jail because you were buzzed going through a red light and caused an accident that didn't result in serious injury?

And for the record, no. I don't condone drunk driving.
05-18-2010 09:38 AM
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Fo Shizzle Offline
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RE: Supreme Court rules that sex offenders can he held indefinitely
(05-17-2010 09:14 PM)NIU05 Wrote:  
(05-17-2010 08:30 PM)DrTorch Wrote:  This is wrong. Very wrong.

I gotta get out of here. Won't be long before there are gulags, with enemies of the state who need to be held indefinitely.

THIS IS HUGE! That is a stunner. Is this getting much play in the national press? I would think this would be a TOP story and civil libertarians would be up in arms and shouting. BTW, civil libertarians on BOTH sides of the aisle........

Sadly...Most Americans are government indoctrinated slaves that think that anything the state says is fine. They are terrified of everything and look to the government for protection. What they fail to understand is that the government has no obligation to protect them.

I agree...I'm surprised this story has not gotten more attention.
05-18-2010 11:09 AM
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Post: #18
RE: Supreme Court rules that sex offenders can he held indefinitely
(05-17-2010 09:14 PM)NIU05 Wrote:  
(05-17-2010 08:30 PM)DrTorch Wrote:  This is wrong. Very wrong.

I gotta get out of here. Won't be long before there are gulags, with enemies of the state who need to be held indefinitely.

THIS IS HUGE! That is a stunner. Is this getting much play in the national press? I would think this would be a TOP story and civil libertarians would be up in arms and shouting. BTW, civil libertarians on BOTH sides of the aisle........

The mainstream press would only be interested if the ruling applied to terrorists. They're the real victims.
05-18-2010 12:01 PM
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Post: #19
RE: Supreme Court rules that sex offenders can he held indefinitely
(05-18-2010 02:08 AM)RobertN Wrote:  
(05-17-2010 08:30 PM)DrTorch Wrote:  This is wrong. Very wrong.

I gotta get out of here. Won't be long before there are gulags, with enemies of the state who need to be held indefinitely.
I thought that was what Bush created down in Gitmo?

You remember those? Damn, those were the days before Obama shut them down.


.....oh........wait........
05-18-2010 12:13 PM
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