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    Romefalls19's Avatar
    Romefalls19 Posts: 4,739, Reputation: 1130
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    #1

    May 17, 2010, 08:01 AM
    Keeping sexual predators after they served their sentences
    Supreme Court: Sex offenders can be held indefinitely – This Just In - CNN.com Blogs

    How does everyone feel about this one?
    tomder55's Avatar
    tomder55 Posts: 1,742, Reputation: 346
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    #2

    May 17, 2010, 08:12 AM

    Scalia and Thomas dissented . They were right . The ruling is wrong.

    I don't mind life sentences or execution for that matter . But a sentence is a sentence .
    tomder55's Avatar
    tomder55 Posts: 1,742, Reputation: 346
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    #3

    May 17, 2010, 08:51 AM

    Only the legislatures or Congress can pass sentencing guidelines .
    This is a complete breach of the role of SCOTUS and as often is the case will create problems . No doubt someone will use the "precedent " of this wrong decision in future deliberations on different crimes.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    May 17, 2010, 09:08 AM

    People who rape 3 year olds... let them rot.


    Guy who gets busted sleeping with his girlfrind of 4 years JUST because she is 16 and he just turned 18. That's not so clear.
    tomder55's Avatar
    tomder55 Posts: 1,742, Reputation: 346
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    #5

    May 17, 2010, 09:48 AM

    That is why we elect legislatures to make law. If the legislature leaves wiggle room in the sentencing guidelines for the judiciary fine. But SCOTUS is wrong in presuming it is in their authority to make the guidelines leaner or stricter .

    Article 3 Sec one says :
    The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour,
    I say the sooner term limits are imposed on them the better . Time for an amendment .
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    May 17, 2010, 09:56 AM

    Hello Rome:

    I'm not a fan of putting someone in jail for what they MIGHT do. Hell, I MIGHT do something tomorrow. In fact, I probably will. Should they PREEMPTIVELY incarcerate me? What if I put an add the paper saying that I MIGHT rob a 7/Eleven on Friday. Can they put me in jail for saying that? I don't think so.

    excon
    tomder55's Avatar
    tomder55 Posts: 1,742, Reputation: 346
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    #7

    May 17, 2010, 10:02 AM

    Kagan argued this win for the Obots . Civil Libertarians ought to lose sleep over this nominee
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    May 17, 2010, 10:06 AM
    Quote Originally Posted by tomder55 View Post
    Kagan argued this win for the Obots . Civil Libertarians ought to lose sleep over this nominee
    Hello tom:

    I do.

    excon
    Romefalls19's Avatar
    Romefalls19 Posts: 4,739, Reputation: 1130
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    #9

    May 17, 2010, 10:16 AM

    I agree, this is such a slippery slope to be going down
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    May 17, 2010, 10:23 AM
    Quote Originally Posted by Romefalls19 View Post
    I agree, this is such a slippery slope to be going down
    Hello again, Rome:

    It AIN'T a new phenomenon. My state's been doing it for a LONG time.

    excon
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #11

    May 17, 2010, 11:45 AM
    Quote Originally Posted by excon View Post
    Hello again, Rome:

    It AIN'T a new phenomenon. My state's been doing it for a LONG time.

    excon
    So... how does your state define what is a sexual preditor, vs someone who simply was guilty of a sex crime? Both have to register as convicted sex offenders.

    I have no issues with keeping a serial child molester in jail forever. THe recividism rates are extremely high with that group, however as in a previous example... the guy whoes girlfriends parent pressed charges the day he turned 18 for boffing their daughter for the previous 4 years would hardly be deserving of that same fate upon their supposed release date.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #12

    May 17, 2010, 11:55 AM
    Quote Originally Posted by smoothy View Post
    So...how does your state define what is a sexual preditor, vs someone who simply was guilty of a sex crime? Both have to register as convicted sex offenders.

    I have no issues with keeping a serial child molester in jail forever.
    Hello smoothy:

    The law says ".. a forensic psychological evaluation to determine whether those offenders who appear to meet the definition of a sexually violent predator..." In other words, they're GUESSING about what he MIGHT do.

    I have no problem keeping a child molester in jail forever either. Just SENTENCE him to it. But, to sentence him to a few years, and then sentence him again as he's about to be released is NOT in our tradition of fair play.

    excon
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #13

    May 17, 2010, 12:00 PM
    Quote Originally Posted by excon View Post
    Hello smoothy:

    The law says ".. a forensic psychological evaluation to determine whether those offenders who appear to meet the definition of a sexually violent predator..." In other words, they're GUESSING about what he MIGHT do.

    I have no problem keeping a child molester in jail forever either. Just SENTENCE him to it. But, to sentence him to a few years, and then sentence him again as he's about to be released is NOT in our tradition of fair play.

    excon
    Then what they need to do is revise sentensing guidelines. Assuming there are actual hard guidelines rather than just recommendations.

    Its just a guess, but they might be hobbled by guidelines that call for a min and a max for the offense.

    Because studies I have seen is that very few offenders of this type are actually ever successfully rehabilitated for this offense. Unlike many other crimes.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #14

    May 17, 2010, 12:06 PM
    Quote Originally Posted by smoothy View Post
    Its just a guess, but they might be hobbled by guidlines that call for a min and a max for the offense.

    Because studies I have seen is that very few offenders of this type are actually ever sucessfully rehabilitated for this offense. Unlike many other crimes.
    Hello again, smoothy:

    I'm sure they are constrained... But, we call 'em lawmakers for a reason. They can CHANGE the law. And, I don't disagree with your last statement, either. I don't want 'em on the street. Just SENTENCE 'em to FOREVER.

    excon
    Romefalls19's Avatar
    Romefalls19 Posts: 4,739, Reputation: 1130
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    #15

    May 17, 2010, 12:23 PM

    Exactly, if you think they are at risk of doing it again and are serial molestors, sentence them to it for good. Don't sit there give the guy 5 years, he does his 5 years and then say "Just kidding, sit in prison until we decide to let you out"
    slapshot_oi's Avatar
    slapshot_oi Posts: 1,537, Reputation: 589
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    #16

    May 17, 2010, 12:40 PM

    It is hard to empathize with a true pedophile because they destroy lives and, as smoothy pointed out, they're recidivists; it's a sickness. But if you've done the time, you shouldn't be serving again. They should at least give them the option of castration--the real deal so it's irreversible, not chemical castration--or indefinite incarceration.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #17

    May 17, 2010, 12:50 PM
    Quote Originally Posted by excon View Post
    Hello again, smoothy:

    I'm sure they are constrained... But, we call 'em lawmakers for a reason. They can CHANGE the law. And, I don't disagree with your last statement, either. I don't want 'em on the street. Just SENTENCE 'em to FOREVER.

    excon
    Here is a second question..

    Are the sentencing guidelines used on this... State or Federal in nature? Or both. If its both... you are talking major deal to get these revised.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #18

    May 17, 2010, 12:52 PM
    Quote Originally Posted by slapshot_oi View Post
    It is hard to empathize with a true pedophile because they destroy lives and, as smoothy pointed out, they're recidivists; it's a sickness. But if you've done the time, you shouldn't be serving again. They should at least give them the option of castration--the real deal so it's irreversible, not chemical castration--or indefinite incarceration.
    Actually... I think I remember hearing of a case where a guys was caught and convicted for a sex crime AFTER he was castrated... nope don't remember any details other than that.

    You don't need a scrotum OR penis to commit a sex crime.

    And you can't sew someone's mouth shut.
    slapshot_oi's Avatar
    slapshot_oi Posts: 1,537, Reputation: 589
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    #19

    May 17, 2010, 01:24 PM
    Quote Originally Posted by smoothy View Post
    Actually.....I think I remember hearing of a case where a guys was caught and convicted for a sex crime AFTER he was castrated....nope don't remember any details other than that.

    You don't need a scrotum OR penis to commit a sex crime.

    And you can't sew someones mouth shut.
    Truth: Expert: Castration no cure for pedophilia.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #20

    May 17, 2010, 02:47 PM
    Quote Originally Posted by smoothy View Post
    Here is a second question..

    Are the sentencing guidlines used on this....State or Federal in nature? Or both. If its both....you are talking major deal to get these revised.
    Hello again, smoothy:

    I don't know which guidelines you're talking about. But, since sex crimes are a STATE matter and not federal, I'd say the guidelines are state.

    Oh, I have no illusions that I'm going to right all the wrongs in the world. But, that's not going to stop me from pointing 'em out.

    excon

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