ABSTRACT

David Boerner, author of Washington State's sexual predator law, points out that our current criminal justice system is working exactly as designed. Charles Krauthammer argues that because of the civil liberties issues involved in sexual predator laws, courts should throw the book at sexual criminals early, locking them up for good after the first or second offense. It is designed on the "debt to society" model-each career offender pays his debt with a few years in jail. It makes much more sense for the states, and the Supreme Court, to affirm narrowly drawn predator laws. Yes, there are serious questions of double jeopardy and preventive detention in extending incarceration on grounds of dangerousness. Once very violent people go free, authorities can't act until another woman or child is attacked and the cycle begins again with a short prison term.