The United States Supreme Court will decide on the constitutionality of a federal sex offender law designed to keep sex offenders locked after they complete their prison sentences
Google News reports that the U.S. Supreme Court has decided to hear arguments regarding the constitutionality of a federal law that permits for the indefinite commitment of sex offenders who are deemed to be "sexually dangerous" individuals.
The issue comes before the Supreme Court in the case of U.S. v. Comstock, 08-1224, in which the Obama administration filed an appeal of a lower court's ruling that invalidated the law.
In January, the 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled the federal government overstepped its authority when it enacted this law.
In April, the Obama Administration filed a request to block the release of 77 sex offenders serving time in a federal prison in North Carolina whose prison terms were coming to an end. Chief Justice John Roberts granted the administration's request in order to allow the Supreme Court to consider the administration's appeal.
The law was first challenged by four men serving prison sentences ranging from three to eight years for possession of child pornography or sexual abuse of a minor. Despite the fact that their prison terms were supposed to end more than two years ago, the government determined that there would be a risk of sexually violent conduct or child molestation if they were released.
A fifth man was also part of the legal challenge, however, he was declared incompetent to stand trial.
Arguments in the case are set to be heard during the high court's next term, which begins in October. Whatever the ruling, state laws allowing for civil commitments of sex offenders will be unaffected.
Author's name: Gabriel Dorman
Author's e-mail: gabedorman@gmail.com
Author's blog URL: www.criminaldefenseduilawyer.com/blog/
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