USA: No Trial Needed for Lolicon Life Imprisonment
- Categories: International, News
- Date: May 18, 2010 11:25 JST
- Tags: Bizarre, Censorship, Crime, Law, Loli, Lolicon, Politics, USA
The US Supreme Court has ruled that a law which allows “sexually dangerous” prisoners to be jailed forever without trial does not violate the Constitution.
The case centres on Graydon Comstock, who was convicted of possessing child pornography and sentenced to three years imprisonment. Immediately prior to this sentence he served a separate sentence for engaging in lewd acts with a minor.
Six days prior to the end of his sentence, the government branded him a “sexually dangerous” paedophile who might reoffend, and denied him release, placing him into indefinite “civil commitment” in a federal prison.
He has since spent nearly three years in prison despite having been convicted of no further crime, and having served his sentence.
Release of such “committed” prisoners is possible only if they are deemed to be no longer dangerous – without a treatment program recognised as being capable of this, their imprisonment effectively becomes indefinite.
The law responsible for extending this practice to the federal level, the 2006 Adam Walsh Child Protection and Safety Act, was soon challenged by prisoners now being denied release indefinitely, eventually reaching the Supreme Court.
Supreme Court justices finally ruled 7 to 2 in favour of the law:
“It is necessary and proper for Congress to provide for the civil commitment of dangerous federal prisoners.”
Democrats are delighted by the victory – Obama even recently promoted the lady who argued for indefinite sentences on behalf of the federal government, Elena Kagan, to the Supreme Court herself.
She is on record as having argued that the government should be able to restrict any speech it considers “harmful,” irrespective of the First Amendment
A Democratic senator holds forth in support of the decision:
“The process to enact this law to protect our children from those who would do them harm was difficult. I am heartened to see an overwhelming majority of the Supreme Court uphold this important child protection law.”
Some states already operate similar laws, but this decision ensures the federal government can now freely override sentences throughout the land.
The solicitor general for Kansas, Stephen McAllister, a supporter of the law, suggests that allowing indefinite civil commitment for all kinds of criminals might now be possible:
“Constitutionally, it might be possible. I don’t have a constitutionally limiting line for what kinds of mental disorders might be permissible and what [might] not. If they lead to danger to others, potentially, they could be covered under such a law.”
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oh god! PLEASE TELL ME MY EYES ARE LYING TO ME!
whats the point in locking them up forever if they are never going to be freed.might as well just kill them so we can stop wasting our tax money keeping pieces of trash alive
This isn't really news; the U.S.A. has had, far and away, the largest incarcerated population of any non-totalitarian nation in the world.
It is, of course, bullshit, but it's the type of bullshit that's been foisted on us for quite some time now with three strikes programs, mandatory sentences, etc, etc. The fact that the individuals in question are generally poor and unable to make even the most basic of attempts to fight the process is why you never hear about it on the news.
Fail: it`s very uncertain that USA is a non-totalitarian nation.
You stupid fuckface. You don't know what a totalitarian state is.
Time to boycott America. Then again, China is a good tool to destroy America.
America, f**k no!
You're an idiot.
You're upset that you might be imprisoned indefinately if you get caught with child pornography or commit multiple rapes/sexual offenses?
Try that in China and you'll be EXECUTED.
Fucking brainless moron.
Actually, no, you wouldn't be. The fact is that China is fine with those things as long as you are not deemed 'dangerous to society' because you are a capitalist or something similar.
I WISH that the pedophiles would boycott America. Then again, we can't always get what we with for.
For those who watch/read/enjoy - animated/drawn/fictional CP as a fetish, why not just stop and find another pleasure for those desires?
I very well understand how wrong this case is, but my point is if your not mentally unstable(pedophile) you have the choice to keep going or not right.
So my question is, is it really worth being persecuted like this? He could have avoided this all together.
And say what you will, I think some lolicons out there do use fictional lolis as a placebo/ substitute to prevent them from actually doing it one night.
Not trying to belittle just my opinion, but i don't believe there isn't a single person out there that doesn't. Can't agree on that, it just goes to show the insecurity.
Just wondering how anons/users would respond from all the sides. For those in the US, why not stop whining and protest if this means the end of the world for you?
To say that lolicon is more dangerous than a gangsta is LOL. Anyone in a gang should be put in jail. Gang members have a higher chance of killing someone, or at least kicking someones ass, but i guess that doesn't matter because he's doesn't have lolicon which dont hurt anyone. but 99% of people who like lolicon do not molest children. believe it or not though, 100% of those who do molest children have normal porn, and 50% of them are bible-thumpers. so my point is that targeting those people who watch lolicon is nothing but bullying, which is what lead most lolicon fans to it in the first place.
You believe the persecution of lolicons is what lead new fans to the subject okay thats your opionion.
But that's not what I was asking about or my point.
I understand holding this guy any longer is unjust especially when he didn't Do anything.
I also wonder where you get you statistics from, I'm guessing from your mind.
I wouldn't be so arrogant to say this does in fact not happen and this does unless proven otherwise.
I would've never liked lolicon if I was not turned into a social outcast. It is my outlet, and it adds flavor to my creepy amounts of porn (90% of it animated LOL). Society is what bullied me in school just for being asian, all the whiteys deny it, but that's just them covering for themselves. I never hurt nobody, and dont plan on it. All they're doing is wanting to abuse people like me more, and gain 'points' as they have done so their entire lives. This is nothing more than a witch hunt.
It's pathetic to see people like me getting locked up, by our own predators for no damn good reason. I'll be ready when the feds come knocking at my door, nobody expects a lolicon fan to be packing shotguns, rifles, and pistols. I'd rather be dead than be locked up forever for something that's not my fault!
I served this country for 6 years in the military and this is not the america I have envisoned.
ok those stastics arent accurate, but theyre close. I know a ton of lolicon fans, most of them are social outcasts like myself which uses lolicon as an outlet. Looks and penis size do matter, which is why I'm an outcast, those who are different are blind to this for some strange reason.
The lolicon fan has never harmed anyone, in fact, he is the one that was harmed the most by society. He was bullied in school and even the racist system was against him (it exists folks). His only outlet is lolicon, and he has never hurt anyone. Yet society continues to try and hurt him even more, as they have done through his childhood years. Just leave the lolicon fan the FUCK alone you fucking faggots!
This is nothing more than a witch hunt.
"So my question is, is it really worth being persecuted like this?"
Yes. I would go to jail for my belief of expressing anything as long as it doesn't directly harm another human being.
I would go to jail for playing violent video games.
I would go to jail for glorifying national socialism.
I would go to jail for consuming virtual child porn.
And I would go to jail for defending you wanting to do anything of the above.
Containing bad ideas isn't productive, educating people about why they are bad is.
Freedom of speech does not exist to ensure that people can talk about things they agree on, it's there for things they don't.
Yep, the reason that the freedom of speech is there is because sometimes the fact is that the 'minority' are the ones who are actually right on an issue.
I actually just advised myself to do this. Wiped anything that might be considered dangerous and then wiped the free space and all of the references five times. Whatever, it's not worth it right now.
Anon 03:00 this is not a question of pedos only. Wait until today`s McCarthyists come after you, sentence you to prison for whatever reason and keep you there forever, no matter how long it should have been.
Artefact, quote a source for your material in this article. I would especially like to see a reputable source explicitly state that Obama backed this decision being a constitutional law professor.
because lolicon IS pedophile.
Yep, it is. The fact is that if you are a 'lolicon', you most likely ARE attracted to real life children, as I am.... you are just afraid to admit it.
Long live the american Constitution!
wow so many supporters of child pornography in here.
In any fashion, 2d or not its simply wrong. Lock all the pedos up man and throw away the key.
I am not supporting child pornography, let alone molestation of real children. Drawn pictures should not be considered criminal at all. It is also difficult for me to see photos or video of real young persons, not showing any harmful actions against them, as criminal.
But the worst is that a person who already have received her/his punishment after trial, is not let free, if this report is true. There should be a new trial in court, with new evidence, if some is found.
A law system allowing to keep persons in prison without new reason, is on way to dictatorship.
Any convicted person can be held in prison forever despite type of previous crime, if this system can continue.
Just now there is a hysteria about pedophilia, next time this law system can be used against whatever kind of people. Perfect for KKK etc.
Artefact needed to do a little more research before writing this article. He stated that, "He apparently never actually had sex with any children."
Then why was he convicted of indecent liberties? I found this information in a couple of minutes.
The man named in U.S. v. Comstock is now 67. Comstock initially was convicted on two counts of aggravated indecent liberties with a child. He also pleaded guilty to federal charges of possessing child pornography.
Read more: http://www.kansascity.com/2010/05/17/1952814/us-can-indefinitely-hold-sex-offenders.html#ixzz0oIZllJIO
Real sexual offenders (not the sexting teens) do not change they will continue to commit sexual offenses. Chemical castration, therapy or even physical castration does not work. The only real option is to keep them incarcerated so they do not harm anyone else.
I did research the charges - there don't appear to be any readily available details of the original charges, and you did quite well to find that single sentence description of them hidden away there - most reports evidently omitted it. He doesn't even appear in the National Sex Offender Registry (which I checked), although the Kansas registry does list him.
It's still not clear what he actually did, and it doesn't change the fact that he already served that entire sentence.
Risk of recidivism is not a valid basis for extending a sentence indefinitely - 50-60% of US prisoners reoffend after release, so logically all of them should be locked away forever as posing a danger to public safety too?
''50-60% of US prisoners reoffend after release, so logically all of them should be locked away forever as posing a danger to public safety too?''
And to think that 1 in 100 people (!!) in the great land of US and A is ALREADY in the prison.
BTW, why do some scenarios of ''One flew over the Cuckoo’s nest'', ''The Shawshank Redemption'' and ''1984'' cross my mind? All of these aren't horror genres, yet they are much more scary than horror.
Artefact, are you naive enough to think that a dictatorship in progress will keep "publicly available" registers etc. updated & complete for all to see?
Actually, only 50% to 60% of NON-SEXUAL offenders reoffend. For sexual offenders, it's more like 1% or less, although the bullshitters out there keep on trying to say that it's because sexual offenders get 'smarter' about their crimes.... I seriously doubt it!
Looks like I'm moving back to austrailia, the lesser of the 2 evils >_>
Overblown reactionary stuff like this is why I don't usually read the response threads on this site, and why I always take the generally-heavily-slanted news bites on this site with a grain of salt.
So people here are up in arms because of a ruling that allows truly dangerous sexual predators - i.e. the ones most likely to reoffend - to be kept from being a threat to society? Really? Did anyone even bother to look at the facts involved in the ruling, like how the "sexually dangerous" label applies to only 0.7% of all sex offenders in federal custody? That means your typical child pornographer convicted under interstate commerce provisions would have to do something truly egregious for this ruling, and the law it supports, to impact him. (The law, BTW, is aimed at those who have engaged in "sexually violent conduct," amongst other requirements.) The courts and prosecutors aren't going to waste time, effort, and tax dollars trying to commit long-term some Joe Blow who gets convicted of statutory rape for having sex with an underage girl or only gets caught with some child porn; they're going to go after the true monsters, the kinds of people *no one* would want on the street again.
Now, I haven't been able to find out any more details about Graydon Comstock's case, but for this narrowly-used law to be applied to him, there must be something more going on with him and his conviction that we don't know about. Maybe his "receiving child pornography" conviction is just the tip of the iceberg and he truly is a sicko. I find it hard to believe that the Attorney General (who certified Comstock as "sexually dangerous) would have stepped in on this matter without some compelling concern. It's just not worth the time and effort otherwise.
So stop overreacting and examine the issue with some sense, people, instead of just assuming it's the newest attempt to turn the country into a police state.
Yes, because we all know the government and those in power would never take a law intended for one thing and twist it to be used for a completely different thing. Because they have never taken a broadly worded law to sue in a completely unforeseen way in the past. Never. Because we are all safe in the hands of our mighty protectors.
Anonymous, the problem is that the definition of 'sexually dangerous offender' is too goddamned viewpoint and has NEVER been defined!
They could say that everyone on the sex offenders lists is a 'sexually dangerous offender', that every person who looks at lolicon is that, that anyone who even LOOKS at a child is that!
No, it's giving way too much power to the government, which the Founding Fathers specifically said that the government was NOT SUPPOSED TO HAVE!
and to think that this was a country where everyone could get treatment and help for issues such as this. i can already imagine the sheer amount of false claims on the horizon.
O cool so i get less time Murdering someone than looking up little child porn? Cool lets go kill people now sounds more logic.
Maybe the US government should change its rules and rethink about it?
LOL... sorry, but I've never heard such a one sided representation of this issue. Read into it people, there's a lot more to this problem then is talked about here.
O.. and make sure those evil democrats(LOL) don't get to you along the way.
Since USA is a country with a two-party political system, both Republicans and Democrats want to enslave all of the American people.
Any USA-ian should leave this country at all cost.
‘Democrats are delighted by the victory – Obama even recently promoted the lady who argued for indefinite sentences on behalf of the federal government, Elena Kagan, to the Supreme Court herself.’
And here I thought Barack Obama was just as bad as George Bush. I was wrong - he's a lot worse. How is that when the Democrats win the election we get a Republican on steroids for president? Well, at least we got ‘change’ all right.
US one step closer to Dictatorship
Maybe I'm misinterpreting something here, but this seems quite distinctly Orwellian to me.
/bush accent: Those paedofilez are terrorists!
GUY WE NEED TO MOVE OUT OF AMERICA BEFORE THE SYSTEM TAKES OVER. This is not a joke people. slowly USA is becoming a land of control and mental slavery.
It strikes me that one can not see the difference between child molestation and drawn pictures.
gg USA.
"She is on record as having argued that the government should be able to restrict any speech it considers “harmful,” irrespective of the First Amendment"
The country's in no danger at all... after all who needs human rights.
At least the USSR used nuthouses to get rid of dissidents, no matter whether they're indeed lunatic (Novodvorskaya) or not (Brodsky). I fail to see what the US as a state gains by doing this.
They are just sacrificing the few for the votes of many. It operates on the same principle of gaybashing. Doesn't do anyone much good but sacrifices few votes to do the 'in' thing of that time.
strange i heard that it was for detainment AFTER the origanel trial. This is wierd.
I see US is trying to imitate China.
America fail yet again.
I live in america.
I view and own loli material.
I find actual children repulsive little bastard that I can't stand to be around and would never do anything to them and I only like drawn loli.
Gov. would never believe me and would destroy my life over drawings of fake girls that is art.
I rot in jail for an undetermined amount of time, and if I get out I am still considered a "sex offender".
Gov. tramples all over our basic rights yet again, boasts about it, and gets away with it worry free.
My hope and what little respect I have for my gov. dies.
Solution: I need to get the fuck out of this shit hole fast.
And go where? Loli material is banned everywhere else in the world except Japan.
You're a fucking moron.
Actually, no, it isn't. It is LEGAL in the United States under federal and state law, unless you are talking about the obscenity laws, which are unconstitutional in and of themselves.
Sweden hasn't banned loli material, neither has Russia, China, etc.
You are dramatically overstating the 'bannedness' of it, and frankly those laws are in violation of human rights in the first place (the right to view what you wish as long as it is not physically harming a REAL LIVING PERSON).
Wow you must be one hell of a pedophile if your only reason to get the hell out is because you're afraid of being caught with your child pornography.
Fucking sicko.