Tony From Long Island
I have been screaming about the “frightening and high” myth since I read doe v. Smith. The easiest way to succinctly state it is that the Supreme Court is misquoting itself. Justice Kennedy was taking McKune v. Lyle (2001) out of context. McKune was a case about those who refuse treatment. The full quote from Justice Kennedy was ” . . . . [t]his gives inmates a basis to understand why they are being punished and to identify the traits that cause such a frightening and high risk of recidivism. . . . ” In Doe, Justice Kennedy took himself out of context and just about every case regarding sex offenders since has followed suit. . . . . Hopefully courts can begin to understand and correct this legal farce. . . . . Of course, we’re all aware of the plethora of recidivism research done in the last 15 years since McKune and Doe.