inner-background-image

Always a defense attorney,
NEVER a prosecutor

MY PRACTICE IS DEVOTED TO THE DEFENSE OF CRIMINAL
CASES THROUGHOUT THE STATE OF FLORIDA

person-image
Sexually Dangerous Convicts Can be Held Indefinitely
Posted by: Thomas Grajek  | On 23rd January, 2015

The government now has more power and discretion in holding sexually dangerous convicts.

At one time, once a sexually dangerous inmate served a full sentence, he or she was released. The U.S. Supreme Court has now indicated this may no longer be the case when it comes to sexually dangerous convicts.

How is a convict classified as being sexually dangerous? There are two conditions that an inmate must meet prior to receiving this classification. In the first, a court must see clear evidence and convincing proof that the convict would not be able to stop molesting children or cease sexually violent conduct, should release occur. The second condition is that neither the state in which the convict is incarcerated nor the state where a trial was held, should they be differing locations, wish to accept custody of the offender.

Former President George W. Bush first granted the legal authority to hold convicted sexually dangerous offenders indefinitely in 2006 under the Adam Walsh Child Protection and Safety Act (2006). When the act first came into being, four inmates, who had served their sentences, filed a legal challenge stating they had the right to release from prison after their sentences were served. Prison officials did not let them out because they were viewed as being at high risk to re-offend.
The first court of appeal initially found in favor of the inmates and decided that Congress had gone too far in mandating that sexually dangerous prisoners remain in jail once sentences were completed. On appeal to the U.S. Supreme Court, in a 7-to-2 decision, the court reversed the initial ruling in United States v. Comstock.

Was the government overstepping its constitutional boundaries or does government have the power to hold this class of offenders indefinitely? The ratio decidendi indicated the government does indeed have the right to indefinitely detain this class of offenders.

This is an important case to note, as it addresses a legal concept referred to as federalism – a safeguard against the government overstepping its authority. In theory, the federal government may only act if it has been given the power to do so by the Constitution, and the Constitution does not expressly state that Congress has the power to indefinitely hold such prisoners. In other words, the Supreme Court decision expanded the government’s power to encompass such indefinite detainment, which may pose some decidedly delicate legal questions in the future.

Tags: custody evidence Former President George Supreme Court United States

23

Jan 2015

Fri

comments are closed

Lakeland

112 E Poinsettia St Lakeland, FL, 33803

(863) 688-4606

Tampa

4107 N. Himes Ave #200 Tampa, FL, 33607

(813) 789-6404

Lutz

24140 FL-54 #101e Lutz, FL, 33559

(727) 457-8660

Testimonials

Thomas Grajek is a great lawyer

After my husbands DUI, I met with a couple of lawyers but NONE were as attentive as Thomas Grajek. Thomas was able to beat the DUI charge that I thought would be impossible. Not only did he save us money, he also helped put our lives back. I would recommend Mr. Grajek to anyone in our situation. Thsnkd Tom!!!

Thomas Grajek is a great lawyer

Excellent Attorney....called this attorney on a Saturday. He was quick to call me back and even gave me free advice as to how to handle the situation we were in. We ended up hiring him best decision we made. Would recommend this attorney to anyone.

Thomas Grajek is a great lawyer

Got a DUI a few months ago and got Toms name from a friend of mine.. I am more then satisfied with the way he handled my case and the way he kept me informed the whole time.. I got off on reckless with a with hold which i am more then happy to have on my record then a dui... He's a very down to earth guy and definitely trys to relate to where ur comin from.. I would with no doubt recommend Tom to friends and family... Thanks Tom ur the best!!!!!!

Thomas Grajek is a great lawyer

Great DUI Lawyer!! He got my DUI dropped to a reckless driving charge!! definitely went above and beyond for my case!!!He is very easily accessible and always promptly returned my phone calls/emails.

Thomas Grajek is a great lawyer

I have just moved to the Tampa area. I was intoduced to Tom after being arrested for a DUI. Within minutes of being bonded out Tom came to my place of employment with all needed documents to "get the ball rolling". He always kept me informed on my case and when the time came for my hearing, I plead guilty to wreckless and had no fines and very little commuity service. Thomas Grajek is a great attorney and I feel he would be a valuable assett in anyone's defense.