Legal News

Calif court wants proof on confining sex predators

By (Breaking Legal News)

The California Supreme Court on Thursday questioned the constitutionality of a provision of "Jessica's Law" that lets authorities indefinitely confine sexually violent predators.
It's the first of two decisions the court is expected to issue in the coming days over the legality of the law that was passed as Proposition 82 by 70 percent of voters in 2006.

The Supreme Court is scheduled to rule Monday on a separate legal challenge to a provision prohibiting released predators from living within 2,000 feet of a school or park.

On Thursday, the court dealt with the issue of whether sexually violent predators can be treated differently than other violent felons, who can only be held for defined terms in mental health facilities after prison.

In a 5-2 decision written by Justice Carlos Moreno, the Supreme Court offered suggestions about how government lawyers should approach the case.

Moreno said it could be that mental disorders make it likely that sexually violent predators will re-offend. Or, they could "pose a greater risk to a particularly vulnerable class of victims, such as children," Moreno noted.

Nonetheless, Moreno concluded the government had not produced any evidence to distinguish sexual predators from other violent offenders. California Deputy Attorney General Bradley A. Weinreb, who argued the case before the Supreme Court, didn't return a telephone call.

Full post as published by Breaking Legal News on January 28, 2010 (boomark / email).