A Backdoor Around Double Jeopardy

  The original sin of so-called “sex offender civil commitment” laws is that they were never meant to be “nonpunitive”. Legal scholars, civil libertarians, and human rights defenders, have challenged the prison-length nature of these carceral institutions. Many of these opponents to systems of pre-crime preventative detention focused on how these laws have been applied in practice to impose de facto life sentences on those who have already repaid their debt to society.  The following quote comes from a state report published two years before the first so-called sex offender “civil commitment” law was passed in the United States and…

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Homophobic Outrage in Virginia

Last month, Virginia Attorney General Mark Herring (D) succeeded in his aim of incarcerating a gay man indefinitely for sending text messages. AG Herring maintains the man – who has never been accused or arrested for any act of violence – is a “Sexually Violent Predator.” Virgina’s treatment of Galen Baughman, now 36,has attracted protests from LGBT and criminal-justice groups, and at least one Virginia lawmaker. His case highlights the dangers of Orwellian civil-commitment laws that allow indefinite confinement of people to prevent possible future offenses.

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