In about the middle of last month the U.S. Supreme Court ruled the federal government has the power to keep some sex offenders behind bars indefinitely after they have served their sentences if officials determine those inmates may prove sexually dangerous in the future. This had already been the law, but what prompted the current high court appeal was a federal appeals court in Richmond, Virginia, ruling that lawmakers had overstepped their authority by passing the 2006 Adam Walsh Child Protection and Safety Act. This law includes a provision allowing indefinite confinement of sex offenders.
Justice Stephen Breyer wrote, "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". At issue was the constitutionality of federal "civil commitment" for sex offenders who are nearing the end of their confinement or who are considered too mentally incompetent to stand trial. While on the other hand, the inmates' attorneys maintain the continued imprisonment violates their constitutional right of due process and argue Congress overstepped its power by allowing inmates to be held for certain crimes that normally would fall under the jurisdiction of state courts. Also, Breyer equated the federal civil commitment law to Congress' long-standing authority to provide mental health care to prisoners in its custody, if they might prove dangerous, "whether sexually or otherwise."
The major conflict issues
I think that as individuals we all want and expect our government to protect us, but I think where the conflict arises is in our differing opinions of how far we want the government to go to make this happen. For many people, they believe this should be done no matter what the cost might be. For others, they’re more concerned with the possibility of the government going too far, maybe “overstepping” their authority, and potentially doing more damage than good.
Cultural Conflict Styles
I believe the dominating style is present her. The win-lose orientation is essentially present and behavior is being forced to win one’s position surrounding this conflict. However, I don’t see it as a win-lose and want to hear your opinion about that. Do you think this conflict maybe revolves around the best interest for everyone? The article stated that, “corrections officials and prosecutors determined the men remained a risk for further sexually deviant behavior if freed”. Clearly these men have not yet been successfully treated and until that is the case, isn’t it better for everyone, including the men charged, to remain in an environment that is more conducive to them receiving the help they still need? That said, I think the integrating style is perhaps more accurate. High concern is reflected for both the self and the other person and involves an open and direct exchange of information in attempt to reach a solution acceptable to both parties.
Resolving such conflicts as this one is challenging, but possible if we work at it. I think the most important thing is for both sides to better educate themselves and continue to work towards a solution that meets one another’s needs as well as their own.
All the information regarding this current issue I found at: http://current.com/news/92438151_supreme-court-sex-offenders-can-be-held-indefinitely.htm
Impressive detail to the research and description. Your really did your homework here.
ReplyDeleteI think keeping the inmates in custody is best for everyone. It keeps families safe and allows the sex offender to be in a learning environment instead of sending him into situation where he hasn't learned to effectively problem solve.
ReplyDeleteI also agree with what Mindy said. They need to be at a place where they feel safe and others around them feel safe as well. They need to learn rather then put thrown into the community where they might mess up again.
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