Flickr Photo by bobster855
A Supreme Court decision on Monday stated that federal official could hold people who are considered "sexually dangerous" indefinitely even if their prison terms have been served completely.
The idea of keeping sexually dangerous people off the streets is not a bad one until you think of the enforcement mechanisms. Who gets to decide who is sexually dangerous and who is it? Aren't these the same people who go to work with politicians who themselves have committed sex crimes?
Justice Stephen Breyer wrote the majority opinion:
"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."
Justice Clarence Thomas dissented (not because he found indefinite detention to be a violation of one's civil liberties but because he found it to be a violation of state's rights):
"The historical record thus supports the Federal Government's authority to detain a mentally ill person against whom it has the authority to enforce a criminal law. But it provides no justification whatsoever for reading the Necessary and Proper Clause to grant Congress the power to authorize the detention of persons without a basis for federal criminal jurisdiction."
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
2
1
1
