Should rapists, pedophiles and the like be dropped into a black hole and forgotten about? I suspect most victims, cops and politicians would say yes.
The U.S. Supreme Court is hearing arguments today challenging a federal law, the Adam Walsh Child Protection and Safety Act of 2006, which does the next best thing.
The Walsh Act, along with statutes in twenty states, provide that convicted sex offenders who have served their time can be confined past their release date, usually in a mental health facilty. In other words, you do the crime, you serve your time...and then you serve more. Maybe a lot more. The extended commitment can be indefinite. Many offenders will be locked up for life. Not for what they've done...but for what they MIGHT do in the future.
Lawmakers acknowledge civil committments are expensive, perhaps three times the cost of prison, but they argue the program is designed to give serious sexual predators extended treatment and a shot at rehabilitation not available to them while serving their criminal sentence.
Those taking a more liberal view claim it "demonizes" predators.
What it really does is "incapacitate," them, in the words of law school dean Eric Janus, author of "Failure to Protect."
"Incapacitation" works for me. Let's come right out and say it. These are not likely candidates for rehabilitation. These are violent predators who will hurt more people if they are released from custody. Freedom for them should never be an option.
A "black hole?" Perhaps not. But civil commitment of sexual predators is the best we can do.
Let's hope the Supreme Court rules the Adam Walsh Act is constitutional.
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