In the 2002 case McKune v. Lile, the Supreme Court upheld a Kansas law that imposed harsher sentences on sex offenders who declined to participate in a prison rehab program. The substance of the Kansas law the court upheld isn’t as important as the language the court used to uphold it. In his opinion, Justice Anthony Kennedy reasoned that they pose “such a frightening and high risk of recidivism” which he wrote “has been estimated to be as high as 80%.” Five year earlier, in Kansas v. Hendricks, the court allowed the states to detain sex offenders found to have a “mental abnormality” can be continued to be held indefinitely under civil commitment laws, even after they’ve served their sentences. The majority justified its decision by explaining that commitment hearings are administrative, not criminal, and the intent of such laws is treatment, not punishment. Full Opinion Piece
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‘Frightening and High’: The Frightening Sloppiness of the High Court’s Sex Crime Statistics
The Washington Post!! Hopefully this gets some traction, Any chance for a Civil Lawsuit with this info?
…”the mistake has been perpetuated in court after court, resulting in a destructive policy that’s imprisoning people who don’t deserve it, and doing nothing to make these communities safer.”
“Of the high-risk offenders who had gone 16 years without re-offending (about two thirds of them), the study found no example of one of them committing another crime. Among low risk offenders, the risk is minimal.”
Good article! Will the errors of the Courts ever be repaired?
Change will come never give up. Just started college this week seems to be going fine so far. In order for me to fight these injustices I am going to educate myself so that I can be on a more even plane as the opposition. Il never give up and I will get the registry abolished sooner or later if no one else beats me to it. Have faith people.
McKune’s simply lied to the court.