Tuesday, July 3, 2007

An Example of a justice system flawed

Click on the title for the article to which I refer.

One of the complaints I and those I work with often lodge is that the justice system bends over backwards to give the criminals every possible chance to get away with their crimes. I know, I know - there have been a handful of wrongful convictions that were discovered when previously unavailable DNA analysis was performed. However, balance that with this tidbit - a couple years ago, I heard a presentation by a "cold case" detective. He said that in New York State alone, in the first year they started analysing old sexual assault evidence cases and entering that information into a data base of known criminals - they had over 1,000 cold cases solved. IN ONE STATE - IN A SHORT PERIOD OF TIME - and the media never reports those situations.

Anyway, I've wandered off topic. In the above article, the accused in question is charged with multiple counts of fondling multiple children in a very short period of time. He used his position as an adult authority figure to prey on child performers in a holiday show. He preyed only on children in the show. All of the assaults he's been accused of happened in a two week span of time. All of the assaults are similar in nature. Yet, the court system is insisting that he be tried separately for each of the four victims and that no mention of other charges can be made in any of the trials.

First, there is a pattern of conduct. The assaults are all extremely similar and access to the victims came from similar situations. This is simply the wrong decision.

But, think for a moment - How would you feel if you were a juror on one of these cases and you heard an adult with several years experience say he didn't do it - and a young child say that he touched his/her private parts, but never got his hands inside the clothing or penetrated or made the child touch him? All too often, it's easier for adults to think that the child must have been confused or coached by a parent hoping to file a law suit or looking for attention than to think there are monsters around us who could have access to our own children. Now, suppose you voted "not guilty" in such a case - only to learn that in the same two week span, he is also facing charges for molesting 3 other children in the exact same circumstances and in the exact same way? Wouldn't you feel as if you'd been taken for a ride by the justice system? Would you have voted differently, knowing all the facts?

The rest of the story is that prior to the trial, the accused plead guilty to "attempted aggravated sexual battery. It's a guilty plea - but doesn't reflect what HE INFLICTED ON THE CHILDREN, but it spares them having to testify. That's good for the kids, but he also gets a lesser sentence. Which is too bad.

Before the plea, I was all fired up to point out that the judge had the discretion to decide if the sentences should be served concurrently or consecutively. I was going to argue that since the trials were consecutive, then so should the sentences. He was sentenced to 9 years - and will be eligible for parole in 3 years - and if they remember, he'll be deported after he's released. Which doesn't mean much. He wasn't here "legally" in the first place - it shouldn't be too difficult to get back into the country and move to another state.

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