Wednesday, January 13, 2010

Post sentence detention

In spirited arguments, U.S. Solicitor General Elena Kagan urged the Supreme Court on Tuesday to uphold a law that lets the U.S. government keep behind bars inmates who have served their time but are deemed "sexually dangerous."

A U.S. appeals court based in Richmond, Va., ruled that Congress exceeded its power in a 2006 law authorizing confinement after a hearing to decide whether a convict would still be a danger to society, particularly to children. "The federal government has mentally ill, seriously dangerous persons in its custody," Kagan said. "It knows that those persons, if released, will commit serious sexual offenses."

The case involves basic notions of federal power and individual liberty and could affect potentially hundreds of "sexually dangerous" federal convicts. Kagan said 103 inmates have been certified under the law, patterned on state commitment measures.

I agree with the administration as to post sentence detention of unreformed dangerous sexual predators.

But, I don't understand why the administration resists applying similar logic to unreformed dangerous terrorists.

If they don't want to authorize the post sentence release of child pornographers to San Fransisco, why do they authorize the release of airplane bombers to Saudi Arabia?

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