United States v. Comstock

[LibForestPaul]

SCOTUS ruled on US v. Comstock 7-2 in favor of the government, allowing indefinite civil detention of sex offenders who are deemed too dangerous to release.

How many believe this was a setup for Homeland security and DOD?

The two who voted against might surprise you.

[QueenB4Liberty]

Rapists, I don't have a problem with them being locked up forever. They deserve it.

[LibForestPaul]

Rapists, I don't have a problem with them being locked up forever. They deserve it.

or murderers, drunk drivers, sure. In a court of law, judged by your peers.

[Brooklyn Red Leg]

SCOTUS ruled on US v. Comstock 7-2 in favor of the government, allowing indefinite civil detention of sex offenders who are deemed too dangerous to release.

How many believe this was a setup for Homeland security and DOD?

The two who voted against might surprise you.

Well, just replace the word 'sex offender' with 'undesirable' and we'll all pretty soon be living in cages. Douchebags in robes of nobility.

[Nate-ForLiberty]

Rapists, I don't have a problem with them being locked up forever. They deserve it.

every human being is more than the worst thing they've ever done. People should only be locked away for life if they are deemed to be a chronic threat to society or if their crime was way over the top. Like a mass murder or something like that.

It seems like this kind of thinking minimizes the severity of pain inflicted upon a rape victim, but it really does not. The law is not for retribution, but justice. A man with no priors who commits one act of rape does not deserve life. Locking him away for life will never take away the pain the woman (or whoever) experienced. He deserves a long rehabilitative term of imprisonment. A man who commits multiple acts of rape after serving time for previous crimes may require a life sentence. The abuse of prison sentences based on hopelessness creates more burdens on society than it solves.

[QueenB4Liberty]

every human being is more than the worst thing they've ever done. People should only be locked away for life if they are deemed to be a chronic threat to society or if their crime was way over the top. Like a mass murder or something like that.

It seems like this kind of thinking minimizes the severity of pain inflicted upon a rape victim, but it really does not. The law is not for retribution, but justice. A man with no priors who commits one act of rape does not deserve life. Locking him away for life will never take away the pain the woman (or whoever) experienced. He deserves a long rehabilitative term of imprisonment. A man who commits multiple acts of rape after serving time for previous crimes may require a life sentence. The abuse of prison sentences based on hopelessness creates more burdens on society than it solves.

Laws should be about justice. A rapist of any kind deserves to be tortured in the worst ways possible every day of his life. (If he actually committed the crime) But this country doesn't do that. :rolleyes:

[Nate-ForLiberty]

Laws should be about justice. A rapist of any kind deserves to be tortured in the worst ways possible every day of his life. (If he actually committed the crime) But this country doesn't do that. :rolleyes:

That's not justice, it's emotional retribution.

*The law is setup exactly to prevent this kind of retribution. If everyone just sought out revenge when they were wronged you'd have anarchy. Maybe that is right, I don't know. But it is not the system that we have. Our system is setup (and when used properly) to end the external conflict. Victims will always have the experience of being victimized. Why add to that experience the act of torture?

[Warrior_of_Freedom]

this is dangerous because if the government wants to lock you away forever all they have to do is find any excuse to keep you there, they can even lie.

[QueenB4Liberty]

That's not justice, it's emotional retribution.

*The law is setup exactly to prevent this kind of retribution. If everyone just sought out revenge when they were wronged you'd have anarchy. Maybe that is right, I don't know. But it is not the system that we have. Our system is setup (and when used properly) to end the external conflict. Victims will always have the experience of being victimized. Why add to that experience the act of torture?

I don't know. This is just a sensitive subject for me, and I will admit it is emotional retribution. But what is the proper "retribution" for rape? If the woman is still alive she has to re-live that situation every day of her life. That's nothing money can fix. I'm kind of an eye for an eye on that one.

[RSLudlum]

What if someone gets arrested for public exposure like urinating or changing clothes in public and then has to register as a sex offender. If the 'criminal' gets a fine (depending on the law), can't pay it and has to serve time instead. While in prison gets into some altercations and they decide he is 'unfit' for society. Are you fine with supporting such a policy?

The law of unintended consequences is very harsh.

[Nate-ForLiberty]

I don't know. This is just a sensitive subject for me, and I will admit it is emotional retribution. But what is the proper "retribution" for rape? If the woman is still alive she has to re-live that situation every day of her life. That's nothing money can fix. I'm kind of an eye for an eye on that one.

Most victims are an eye for an eye. It's the most common reaction and everyone has had it. Not only can money not "fix" the situation, but neither can the torture or death of the attacker. The rape victim will still carry an enormous weight of guilt and disgust at herself. She'll still have problems with sex even in healthy relationships, and she'll still learn that manipulation is the way to protect herself.

A major hurdle that a rape victim will have is that of being labeled a "victim" by everyone. Just as no human being is only the worst thing they've ever done, no human being is only the worst thing that has ever happened to them. A rape victim will cease being a victim when he or she decides to. This is not harsh, or "blame the victim". It is empowering. It is the returning of the power the rapist sought to take from his victim. And we should not shun someone who is unable to make the journey from degradation to admiration. Few do.

So what is proper retribution for a rapist? If you believe in an eye for an eye then it is not death, because he did not kill anyone. He took power away from his victim for a time, and therefore he should have his own free will taken away for a time. And if he ends up in a "pound me in the ass federal prison"... well there you go.


Although I have not had direct experience with rape, I have had people close to me go through it. I've seen it's effects. And you're absolutely right. Someone who is raped lives through it day after day like someone who keeps rewinding the tape because they can't understand what they're seeing.

[.Tom]

This is called PRE-CRIME!!

You can't just say someone is "dangerous to society" because that's locking someone up for a crime that's never been committed.

Hell, they could say we're all dangerous to society because we're anti-government.

No crime, no time. If you serve the time for the crime you've committed, you are released. Period.

[LibForestPaul]

(a) Institution of Proceedings.— ... a person who is in the custody of the Bureau of Prisons, or(trial or not?) who has been committed to the custody of the Attorney General pursuant to section 4241 (d),..., the Attorney General ... or the Director of the Bureau of Prisons may certify that the person is a sexually dangerous person.... The court shall order a hearing(not a jury trial) to determine whether the person is a sexually dangerous person.

How easy is it to change :
sexually dangerous person
to
wantonly dangerous person
or
person dangerous to life and limb
etc...
I believe around 50% was the number of prisoners suffering from some type of mental disorder.
How dangerous are the Guantanamo detainees?
Could civil proceedings be brought against Tea Party protesters to strip them of their right to arms?