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ACSOL’s Online EPIC Conference: Empowered People Inspiring Change Sept 17-18, 2021

General News

How a dubious statistic convinced U.S. courts to approve of indefinite detention [Opinion]

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

Related

‘Frightening and High’: The Frightening Sloppiness of the High Court’s Sex Crime Statistics

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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?

I doubt it. The damage has already been done. The author himself says there is nothing we can do about it.

The japanese internment camps were eventually revisited due to incorrect information. It’s been done before. Writ of Error Cornam Nobis. So there’s one possibility that worked long ago.

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.

I admire your courage and positive attitude, Mike R. That’s what it takes to change things. California RSOL is focused upon making change happen. We’ve virtually eliminated presence restrictions in the state and have started the process of eliminating residency restrictions as well. There is reason to hope!

McKune’s simply lied to the court.

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