Farewell. The Flying Pig Has Left The Building.

Steve Hynd, August 16, 2012

After four years on the Typepad site, eight years total blogging, Newshoggers is closing it's doors today. We've been coasting the last year or so, with many of us moving on to bigger projects (Hey, Eric!) or simply running out of blogging enthusiasm, and it's time to give the old flying pig a rest.

We've done okay over those eight years, although never being quite PC enough to gain wider acceptance from the partisan "party right or wrong" crowds. We like to think we moved political conversations a little, on the ever-present wish to rush to war with Iran, on the need for a real Left that isn't licking corporatist Dem boots every cycle, on America's foreign misadventures in Afghanistan and Iraq. We like to think we made a small difference while writing under that flying pig banner. We did pretty good for a bunch with no ties to big-party apparatuses or think tanks.

Those eight years of blogging will still exist. Because we're ending this typepad account, we've been archiving the typepad blog here. And the original blogger archive is still here. There will still be new content from the old 'hoggers crew too. Ron writes for The Moderate Voice, I post at The Agonist and Eric Martin's lucid foreign policy thoughts can be read at Democracy Arsenal.

I'd like to thank all our regular commenters, readers and the other bloggers who regularly linked to our posts over the years to agree or disagree. You all made writing for 'hoggers an amazingly fun and stimulating experience.

Thank you very much.

Note: This is an archive copy of Newshoggers. Most of the pictures are gone but the words are all here. There may be some occasional new content, John may do some posts and Ron will cross post some of his contributions to The Moderate Voice so check back.


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Monday, May 17, 2010

Indefinite Detention - Now good for more than terrorists!

By BJ Bjornson


You know, for the �Land of the Free�, you all sure do like the idea of putting people behind bars forever.


The Supreme Court ruled Monday that federal officials can indefinitely hold inmates considered "sexually dangerous" after their prison terms are complete.


The high court in a 7-2 judgment reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered "sexually dangerous."


"The statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others," said Justice Stephen Breyer, writing the majority opinion.




As John Cole puts it, why even bother with a sentence? I suppose it will make folks feel better to say they�re tossing these guys away for a few years when in actual fact as soon as they�re behind bars, the key�s going to get thrown away.


And I can�t wait to see what the reaction will be to the fact that the lawyer arguing the government�s case was Elena Kagan, now Supreme Court nominee Kagan, and that the dissenters were Thomas and Scalia.



6 comments:

  1. This is not an easy one. We recently had a young girl rapped and killed by a sex offender who had been out of jail for less than 24 hours after serving six years for sexual assault. There are some people who are simply to broken to be fixed. This is not an ideal solution but better than what we have now.

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  2. The devil is in the details of the law, but on the surface there is nothing wrong with indefinitely detaining predators who are at extreme risk of re-offending and cannot be rehabilitated.
    Prison is not just to punish offenders. It is also to protect society from people who are dangerous.

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  3. It is a difficult issue Ron, though from the article, at least one of those held under this law was convected for possession of child porn, which while ugly and all, is a far cry from actually going out and raping young kids. How such things get applied is always the issue, and I�m none too hopeful given recent events.
    As it happens, we do have something similar on the books in Canada for dangerous offenders. The provision must be sought during sentencing and is subject to periodic review. The article doesn�t indicate what the process for designating �sexually dangerous� felons is, or if there is any robust review process. I admit to being skeptical, but if it turns out to be robust and with proper oversight and transparency, I will gladly revise my opinion of this opinion.

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  4. BJ our "dangerous offender" provision lasts for 7 years, it's not indefinite. After 7 years the offender can apply for parole which at least means the individual will receive another assessment at which time the Crown could weigh in again as well as concerned citizens. I'm not sure whether the Harper gov't, as part of their, in my opinion insane approach to our justice system try to change the current provisions & adopt an "indefinite" approach which I think would be wrong. We also have something called a Long Term Offender which is also established at the time of sentencing and which means after the full term of a sentence is served the offender is closely supervised in the community for 10 years.
    As you likely know, there are some particularly vicious sexual offenders in small, and quite remote, Northern communities. As I recall some at sentencing in Iqaluit have been deemed dangerous offenders but some haven't. In the case of the latter I remember some communities - Cambridge Bay for example - wanting to return to banishing these individuals which of course was not allowed. In the old days, pre-RCMP and southern justice arriving, I understand the flow-edge was used to solve long term intractable problems.

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  5. Geoff, check the link in my comment, the dangerous offender can be sentenced to an indeterminate period. It does have to be reviewed at least every seven years, but it can be set for an indeterminate period otherwise, and that has nothing to do with Harper, I'm pretty sure its always been that way. The Harper government is just trying to make it much easier to designate people dangerous offenders than it was previously, which may account for the recent rise in the number of them being imprisoned.

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  6. I know someone who will be affected by this decision. After serving their sentence, they have been living with tighter and tighter restrictions on their life, and restrained choices for jobs and living, because of the drive to protect society from a group whose majority of members is extremely unlikely to reoffend.
    Perhaps in the small percentage of cases where an offender is dangerous this option should be considered, but that should be part of their sentencing, and not applied post facto. Just like the risk of terrorism, changing the laws and rules because we are scared of the exceptions is wrong.

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