Quote:
Originally Posted by Ape Man
How is this different from what the courts do to those deemed mentally ill?
If you are deemed a threat to yourself or others by a court you will be confined until a medical expert deems you cured.
Not exactly. You don't have to be pronounced "cured" just no longer a danger. The streets are full of homeless people who have been released from mental facilities, either long term or for eval purposes, because they are "no longer a threat". This has been long standing practices in this country.
That being said, I agree that congress is overstepping its authority. The question (like so many others) should have remained at the state level.
But that is a different question then whether your due process is being denied if your release date is at someone's discretion. There is already a process for letting people out early. Why is it so horrible if there is a process to keep them in longer?
To me, the due process question is "did they receive a fair trial?" Given a fair trail, I don't understand where due process comes into it.
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And the problem with the State level is that molesters are mobile. I have dealt with many who simply upon release move to another state and start again. Some states have laws that require sex offenders to register if they have been convicted in that state or in another state whose statutes mirror that state. I've dealt with more than one who escaped any legal action because the state laws under which they were convicted didn't match our state.