The U.S. Supreme Court hears arguments Tuesday in a case that tests the federal government's power to keep convicted sex offenders behind bars after they have served out their prison terms.
Currently, 84 such prisoners are indefinitely confined for treatment at a federal prison in North Carolina. Five of them are challenging the law under which they have been detained with no end in sight.
Typical is the case of Graydon Comstock, who was sentenced to three years in prison for possession of child pornography. Six days short of completing his term, he was designated as "sexually dangerous," and the federal government moved to have him civilly committed for treatment. He has been kept in the North Carolina facility for two additional years, with little prospect of release.
Congress authorized such indefinite civil commitments for the first time in 2006 for sexual offenders who have completed their prison terms.
Two lower federal courts invalidated the law as unconstitutional, concluding that it overstepped the bounds of federal power under the Constitution, usurped powers reserved for the states and denied the due process of law to the individuals who are indefinitely committed.
The federal government appealed to the U.S. Supreme Court.
Beyond The Bounds Of The Constitution?
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DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
10 comments:
I hope that the Supremes have been reading this blog about Leggs' post detention conduct.
GOOD, they dont need to be let out.
Goodness knows we need to worry about the sex offenders rights..forget those darn pesky children that are being protected by keeping the sex offenders off the street. (sarcasm)
If attorneys would fight as hard to protect our children as they do to free the convicts this world wouldn't be half bad.
Keep 'em locked up and throw the keys away. If you do think they need to be released then find an island out in the middle of the ocean somewhere, drop them off and make sure the island is surrounded by sharks.
I am for the toughest possible laws to be inacted to get rid of this scum. Lets put these measures into law so no bleeding heart judge comes along and releases them all at once in this and similiar situations. We must stand behind our constitution and our constitutional laws.
Sentence them right the first time and make them serve the whole damn thing! This is ridiculous and scary. It would give them the right to keep a minor offender (like caught smoking dope) indefinitely.
Use the law properly to keep the sex offenders off the street in the first place instead of making it up as you go along.
Common sense, come home! We need you!
Anon 9:53
Better yet, release them with the parents of little ones meeting them at the gate..(armed, of course). The released offenders won't get too far. I'm thinking maybe 1 or 2 steps.
You just can't hold people indefinitely. Sentence them to death or life in prison and carry out the sentence. Make the law state that upon conviction.......life or death. (death would be good with me) But you can't arbitrarily keep anyone in prison after their sentence is complete. It violates our constitution. Next it will be ....people arrested for having barking dogs thrown in prison until who knows when.
though i do agree but this is a step the government can take away rights like why sentence them to 3 years for possession for child porn blame the judge for that the sentence should be stiffer or maybe until we get more facts about the case we will not know but be aware the government will expand its means to do this for non hanus offenses
ml
They are not. As California does they are keeping them declaring them unsafe to the public. This is like an Emergency Petition so to speak. You tell the police my neighbor has drawing of me with my head in a pot of soup. A drawing of my child doing a sex act to him. Can arrest this man. NO ! Do you want him as your neighbor. Is hea threat to you and your child.
Well the answer here is a E.P. He goes to the hospital if he is "Crazy" or actually a danger to you or your child he goes to the State Hospital till they feel he is no longer a threat to society.
Cali has had this on the book for Child Offenders for year. A.C.L.U. has fought it. All you bleedinh heart liberals have fought it. It still stands.
Now let me correct my statement. Lberals fight it till one of their own. I mean family becomes a victim of one of these demented offenders
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