May 17, 2010
Scalia and Thomas move to release sex offenders
Fortunately seven other judges with more empathy stopped them.
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7 comments:
how soon before gableman runs commercials against them?
Seems to be that this was a state's rights issue rather than just setting them free.
Our problems with sex offenders and the laws we are inventing to deal with them are showing a serious conflict with our legal traditions. Indeterminate lockup after a prison sentence ends is very troubling.
Seems to be that this was a state's rights issue ...
This case wasn't but these two judges believe States have the power to do what the federal government cannot.
Indeterminate lockup after a prison sentence ends is very troubling.
Supposedly there's a compelling demonstration of future behavior made.
IT, I don't know if your response to Free Lunch is serious. A civil jury is presented with expert witnesses on both sides who essentially argue about how high the chance is that the person will reoffend (with all evidence of previous crimes totally admissible as it's relied on by experts). The defense is arguing that even if the chance is up to 50 percent, then the guy is not judged to be dangerous and should be released. You want to tell that to a jury? I think "very troubling" is a restrained way of saying it.
Free Lunch is right, there is a tension between these commitments -- beyond those imposed by a sentencing judge -- based on predicted future behavior and U.S. legal tradition.
I hope the State's burden is high enough and I hope it meets or exceeds it in all cases. Where there's a proven history of sociopathic behavior and a compelling demonstration made of incorrigibility, however, I'm not losing any sleep over having a violent sex maniac cooling his heels for a few more years additional to some circuit judge's recommendation.
Dan,
This was the federal civil commitment law that was upheld without regard to the states. Basically it said that the feds could hold someone if they couldn't make the state they were from take over.
These possible extensions, state or federal, should either be part of the initial sentence or covered by the full panoply of criminal rights in the commitment hearing along with determinate rehearings.
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