Skip to main content

View Diary: SCOTUS: Congress Can Lock Up Sexually Dangerous Persons (371 comments)

Comment Preferences

  •  That argument could invalidate the entire justice (0+ / 0-)

    ..system. That's likely why the seven in the majority disagreed with it.

    •  It certainly wouldn't. (2+ / 0-)
      Recommended by:
      Cool Blue Reason, filby

      There is a reason capital punishment usually entails a high evidential standard and is only applicable for certain crimes.

      The higher the severity the higher the scrutiny. We assume in something like the death penalty that the highest standard of proof must be shown. But we also know that a great deal of the time it isn't even for such a serious punishment.

      The flaws in the process have been acknowledged by the judiciary before. And in the case of indefinite detention one could expect discussion of how hard due process is in these type of things.

      With full disclosure that sex offenders, like those charged in capital crimes, are the least likely to get benefit of the doubt and fair due process.

      "I'm not bad. I'm just drawn that way."-Jessica Rabbbit

      by Common Cents on Mon May 17, 2010 at 09:55:29 AM PDT

      [ Parent ]

    •  The minority also disagreed with that n/t (0+ / 0-)

      "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

      by Loge on Mon May 17, 2010 at 09:56:11 AM PDT

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site