The U.S. Supreme Court announced this past Monday that correctional facilities may keep certain sex offenders beyond the term of their sentence. The court is upholding a federal law that states if an inmate, convicted of a sex crime, is deemed a danger to the community, he may be further detained even if he has credited out all of his sentence. Justice Breyer penned the decision saying: ""The Federal Government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose."
The decision is based on the Necessary and Proper clause to the U.S. Constitution which allows Congress to pass legislation that is "necessary" and proper" to facilitating existing law. To this end the court said: "Taken together, these considerations lead us to conclude that the statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned, and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others."
However, what were not mentioned by the court, not even in dicta, are the constitutional rights of the inmates. The court ignored the argument that these inmates are protected by the 14th Amendment to the constitution, or the guarantee to equal protection. Also, criminal defendants often plea bargain with the District Attorney and agree to a certain disposition. I would argue that a sex offender forced to stay an extended term, only because Congress says so can overturn his case because the original terms of the disposition have been changed. It much like a contract: you can't change the terms of the agreement.
Antonin Scalia and Clarence Thomas dissented. They argue (and rightly) that this law gives extra-constitutional powers to the federal government, never intended by the founders. Specifically, Thomas said: "To be sure, protecting society from violent sexual offenders is certainly an important end," Thomas writes but continues by saying "the Constitution does not vest in Congress the authority to protect society from every bad act that might befall it."
If you have been convicted of a sex crime or any crime you need to protect your rights. Call the Law Offices of Erik Steven Johnson at (408) 246-3004. Know your rights!
