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Author Topic: Supreme Court Holds Sexually Dangerous May Be Kept in Prison - 05/17/10  (Read 1772 times)
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« on: May 17, 2010, 11:41:42 AM »

Court: Sexually dangerous can be kept in prison
By JESSE J. HOLLAND, AP
1 hour ago

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 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.

The case is U.S. v. Comstock, 08-1224.
(Edit-Add link per Sister-MB) :
http://www.comcast.net/articles/news-politics/20100517/US.Supreme.Court.Sex.Offender.Law/ 
« Last Edit: May 17, 2010, 07:23:41 PM by MuffyBee » Logged


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« Reply #1 on: May 17, 2010, 11:42:32 AM »

Court: Sexually dangerous can be kept in prison
By JESSE J. HOLLAND, AP
1 hour ago

Loading... Share No Thanks Must Read?Thank YouYes     25Share |
Email Story Discuss Print
 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.

The case is U.S. v. Comstock, 08-1224.


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« Reply #2 on: May 17, 2010, 04:13:59 PM »

This marks a major, major victory for all potential victims of "sexually dangerous" criminals, but ESPECIALLY our children.  Children are the only "class" of human beings (aside from the mentally disabled) that are TRULY unable to protect and care for themselves.  Mr. Walsh, while I do not for one second suggest that time has healed your wounds, you did your boy well.  Thank you on behalf of parents, uncles, aunts, grand parents, and children everywhere.  I'm sure Adam is very proud of you.  God Bless You sir.

 an angelic monkey
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« Reply #3 on: May 18, 2010, 04:42:51 PM »

This marks a major, major victory for all potential victims of "sexually dangerous" criminals, but ESPECIALLY our children.  Children are the only "class" of human beings (aside from the mentally disabled) that are TRULY unable to protect and care for themselves.  Mr. Walsh, while I do not for one second suggest that time has healed your wounds, you did your boy well.  Thank you on behalf of parents, uncles, aunts, grand parents, and children everywhere.  I'm sure Adam is very proud of you.  God Bless You sir.

 an angelic monkey

Amen and Amen.

And thanks Muffy for adding the link.  Sometimes I get in too much of a hurry!
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