Tuesday, May 18, 2010

Supreme Court Rules 'Sexually Dangerous' Can Be Held Longer Than Sentences

A 7-to-2 majority of the Supreme Court ruled today that Congress has the authority to pass a law allowing federal prisoners who have been deemed "sexually dangerous" to be held beyond the date of their original sentence.

The law, a provision of the Adam Walsh Child Protection and Safety Act, was passed in 2006. A lower court had ruled that Congress overstepped its boundaries in passing the law.

But Justice Stephen Breyer, writing for the majority, found that the Constitution grants Congress the authority to enact the law.

"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," he wrote.

Breyer wrote, "Congress routinely exercises its authority to enact criminal laws in furtherance of, for example, its enumerated powers to regulate interstate and foreign commerce, to enforce civil rights, to spend funds for the general welfare, to establish federal courts, to establish post office, to regulate bankruptcy, to regulate naturalization and so forth."

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