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Blog of Mass Destruction

Adjusta-Sentencing

By The Reverend Published: May 18, 2010

I've heard it often...bet you have too.

"They should never let those sex perverts out of jail."

The Supreme Court of the U.S agrees, and by a 7-2 margin voted to grant the federal government the authority to hold certain sex "predators" in prison AFTER those "predators" have served their full prison sentences.

Kansas and Missouri hold hundreds of sex predators in civil confinement years after their original prison sentences have been served.

On Monday, a U.S. Supreme Court ruling involving a Lakin, Kan., grade school counselor affirmed that the Justice Department can do the same with some of its inmates.

The 7-2 decision, applauded by state attorneys general across the country, overturns a June 2009 ruling by the 4th District U.S. Court of Appeals that said Congress overstepped in authorizing such federal offenders to be held indefinitely.

......

In at least 20 states, certain inmates can be held in confinement after their prison sentence.

While I detest the horrible crimes, especially those carried out against children, by those whom society now deems sexual predators.....in this particular Supremes ruling, I think I agree with two-out-of-the-four Conservative Horseman of the Apocalypse, Thomas and Scalia.....

...Justice Clarence Thomas wrote that nothing in the Constitution “expressly delegates to Congress the power to enact a civil commitment regime for sexually dangerous persons.” Justice Antonin Scalia also dissented.

As others are now pointing out, America now has two unique legal classes of criminals or would-be criminals. These two isolated and unique criminal classes of Americans are treated differently from all other criminals. The same rules that apply to ALL other classes of criminals, i.e......face a jury of your peers, be convicted or acquitted by that jury, if convicted...serve out the sentence the legal system has declared...no longer apply to sexual "predators" or "enemy combatants."

I bring this up not because I have any sympathy for sexual "predators" or foreign or domestic "terrorists." I bring this up because I have concerns about the direction that the nation is heading with it's singling out of specific classes, in this case, of criminals or suspected criminals......for unique treatment before the law.

Why should sexual "predators" be treated any differently from, say, murderers? Or even Banksters? Can murderers and Banksters be rehabilitated but sexual predators can't? Really?

If it's true that many sexual predators can never change their sick predilections.....and I know that that often is the case.....then wouldn't longer prison sentences for such crimes be the right way to go? Wouldn't that be better than creating an entirely different, I think discriminatory, system......where justice, at least in sentencing, is purposely meant to be unequal for two types of labeled criminals...."terrorists" and "predators"?

This handing over of unilateral decision making powers...whether it's newly found assassination-of-U.S.-citizens powers for the president, or adjusta-sentencing determinations powers for a few Justice Department officials......seems troubling to me. These new ways make it appear as if we no longer really trust our system of law anymore.

Are all Americans still regarded as equal before the law......or has that basic premise simply been put into the dumpster marked, "everything has changed, things are different now?"

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