Monday, May 17, 2010

The Comstock Decision

It's all over the news today.  The Supreme Court, in the case of United States v. Comstock, has held that sexual predators may be held -- "civilly committed" -- after their prison sentences have ended, in order to keep them from re-offending.
 
Eugene Volokh blogs about it here and here.
 
I read a proposal some years back that might be worth considering.  It was a suggestion that we require prisoners about to be released to buy "recidivism insurance".  Pay a premium based on the nature of the crime, the chance of recidivism, the inmate's history and assessed character, and whatever other factors you can get the insurance company to take into account.  If the inmate reoffends after release, the insurance company pays restitution to the victims.
 
If the inmate can't afford the insurance premiums, he has a home at the government's expense until he can.
 
There'd be a lot to work out, but it might be worth discussing.
 
............Karl

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