Supreme Court rules that sex offenders can be held indefinitely

[pravnik]

@Really_Not_All_That_Bright

Fair points. I suppose this wouldn’t bother me that much if it was clear that these laws do no effectively result in de facto indefinite custodial sentences - ie., rather than simply being sent back into the prison population, they are sent to actual treatment centers - psychiatric wards, or whatever.

However, based on Little Nemo’s post, that does not appear to be the case.

That I can agree with - since the purpose of the commitment isn’t meant to be punitive, I favor the least restrictive environment possible. My own state offers an “outpatient only” program in which offenders live in halfway houses under constant GPS monitoring, and where they can even eventually get jobs in the community if they progress enough in treatment. It’s less restrictive and cheaper for the state in the long run. The only time offenders stay in prisons or jails is if they’ve been civilly committed for sexually motivated murder and no halfway house will take them because they’re simply much too dangerous.

[Little_Nemo]

I disagree with it on plain common sense grounds. If they are an on-going danger to society, then put them to death. Don’t waste time and money putting them in a jail cell.

I think the idea of preventive executions may be somewhat shakey on legal grounds.

[Lumpy]

So we have a set of sexually motivated criminal behaviors which are considered neither mental illnesses that can be treated, nor purely the products of free will to which moral reform could apply. If this is literally true than our entire system of law and justice needs to be reorganized to recognize a third class of human behavior besides moral choice and insanity.

[Little_Nemo]

So we have a set of sexually motivated criminal behaviors which are considered neither mental illnesses that can be treated, nor purely the products of free will to which moral reform could apply. If this is literally true than our entire system of law and justice needs to be reorganized to recognize a third class of human behavior besides moral choice and insanity.

I think civil committment is based on the idea that these people have a mental illness. But why do you feel it has to be a treatable mental illness in order to justify confinement?

[AboutAsWeirdAsYouCanGet]

they are sent to actual treatment centers - psychiatric wards, or whatever.

Exactly. Maybe there should be a fedral treatment center for the worst of the worst.
Jail won’t really do anything to them…they need treatment, not sitting around in a jail cell.
They are profoundly psychopathic, and cannot and will not reform.
Granted they are pretty rare overall…but letting them go would be like releasing Hannibal Lector.

[drachillix]

@Really_Not_All_That_Bright

Then they should go directly into treatment, or be involuntarily committed at the the they are originally sentenced.

I have no problem with indefinite detention of dangerous sex offenders per se. I have a very big problem with the concept that a convict can receive a finite custodial sentence and then have an indefinite one tacked on afterwards.

I know someone who works in a psych facility where dangerous sexual predators are incarcerated so to speak.

As I understand it, I will try to get this clarified:

They are in a psych treatment based incarceration due to a ruling that this person is mentally ill and does not understand/unable to accept meaningful responsibility for their crimes because of it. If they are able to treat the psych issue causing the problem successfully, they still have to serve their sentence for the crime after treatment stabilizes the condition in question.

So for example:

If the voices tell a guy “that all women want me, the protests and screaming are all just part of the game. They just don’t want to feel like they were “easy”. She will thank me later.”

On medication one no longer has these voices/feelings. Once treatment has stabilized the reason he does these things, he is fit to stand trial for their crimes and be sentenced accordingly.

IF a problem cannot be controlled or corrected…one would be held indefinitely, pending success of treatment.

[drachillix]

@AboutAsWeirdAsYouCanGet

Exactly. Maybe there should be a fedral treatment center for the worst of the worst.
Jail won’t really do anything to them…they need treatment, not sitting around in a jail cell.
They are profoundly psychopathic, and cannot and will not reform.

http://www.dmh.ca.gov/services_and_programs/state_hospitals/coalinga/default.asp

There are more than a few of these places… it is for most intents and purposes a prison, with very similar rules and security procedures, just with a large psych/medical staff.

[kaylasdad99]

@Clothahump

I disagree with it on plain common sense grounds. If they are an on-going danger to society, then put them to death. Don’t waste time and money putting them in a jail cell.

That ignores the fact that capital punishment is wrong, always and everywhere.