Sunday, June 24, 2012

The Constitutionality of Civil Confinement of Sexual Predators


There is much debate today about how to handle our, what seems like an influx of violent sexual predators as of late.   What has been in place in many states, initiating in Washington in the 1990s is civil confinement for those who after they have served their time, are still deemed a threat to society.  Many feel that this is an infringement on the perpetrator’s constitutional rights, yet what about the rights of the women and children in society?  When does and should one’s past behavior supersede their constitutional rights?  And what is the reason behind civil confinement for sex predators?  As of now, in regards to issuing such a hold on a person, the state is thus forced to impose and offer treatment.  However, if the reason for the person’s civil confinement is because they are a threat to society for the sole reason of their having a sick perversion and obsession which entails the sexual violation of another, which cannot be controlled and there has proven to be no cure, how can there ever thus be treatment? 

When we look at all the different aspects, the pro’s and the con’s concerning the civil confinement of sexual predators, there are many things which must be evaluated and as well, re-evaluated within the criminal justice system.  For case in point, much of the pro’s found against civil confinement is cost.  What is the cost, (about $100,000 per year per inmate) but if the reason and purpose behind civil confinement is because that person is deemed a major threat to society, then really, is there a price too high to pay to ensure the safety and lives of our children?   Of course not, the problem in which lies in how we handle crime and view crime.  We spend a countless amount of monies each year incarcerating many for non-violent crimes, crimes of which often carry heavy minimum mandatory sentences with them and those persons committed crimes which usually harmed no one but themselves.  And to say they harmed kids with their drugs is ludicrous as the USA is the most medicated nation in the universe where you won’t find it uncommon for dentists to prescribe methadone to a twelve year old for the pulling out of their wisdom tooth, or of another doctor prescribing a fifteen year old Percocet for cramps.  The point is, these people who are, when free,  out hunting prey, prey who are our mother’s, sisters daughters, and children, are really, so numerous in size, that they would keep the prison system business afloat solely on catching and keeping them,  as there is no cure for their addiction. 

In conclusion, it would be fair to say that being as the war on drugs is beyond an embarrassing and colossal failure, or scam depending on who you ask, it should be abolished, thus freeing up law enforcements time so they could go after those who deserve to be rotting in our prisons, like sexual predators.  We should rethink wasting our tax dollars on treatment for these usually habitual offenders, and save the treatment arm of corrections for those who have been only harming themselves with their addictions, such as drug addicts, prostitutes and petty thieves (whom are all too often adults survivor/victims of a sexual predator themselves).   As once a person crosses that moral behavioral line, they must then suffer the consequences.  When a person deems it fit to rape a child, they essentially, at that moment gave up their constitutional rights.  In fact, in my eyes, I feel they actually traded their "rights" when they violated that other non-consenting person. 

That's Omama's take.  What's yours?

Godbless

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