The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose.
Justice Stephen Breyer • Writing the majority opinion on the case, which the court decided 7-2. This does not affect all sex offenders, but ones who could remain “sexually dangerous” to the community after their release. Which means that sex offenders, who already have been zoned out of many jurisdictions in areas throughout the country, will likely lose even more rights thanks to this decision. (Good, the commenters on the CNN article we linked to say.) There are some heavy issues with this decision and are curious how controversial it will prove. Will it overcrowd the prison system further? Will it encourage more rehabilitation of sex offenders within prison? Either way, this is a heady case. source
These kids are near a school. This school is near a sex offender. Despite the passage of a law designed to prevent this, Jessica’s Law has no punishment. Oops.
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