Tuesday, July 15, 2008

Is Jessica's Law right for Vermont?

In the wake of Brooke Bennett's tragedy there has been a lot clamoring for Jessica's Law to be passed in Vermont. Personally I think a knee jerk "make us feel good now and give us a false sense of security" reaction is not what is needed. People need to remember that this isn't about us and what makes us feel better at the moment. It's about effecting change to better protect our children.

While in principal I am all for a 25 year minimum sentence for sex offenders (or better yet life and/or castration in some cases), from what I've been reading there are apparently some issues with Jessica's Law. We naturally want the immediate gratification of something being done like the quick passing of a new law, but I think we need to slow down and take the time to make sure any changes we institute are going to do more than look good on paper.

As I understand it prosecutors are saying that there are people currently on the Vermont Sex Offender Registry who would not be there had they been prosecuted under Jessica's Law as its unlikely there would have been a conviction. Since these cases are often difficult to prove, (ie. no witnesses, victims can't/won't testify, etc.) they are often plea bargained in order to get the conviction so the person serves some sort of jail time and/or probation as well as being added the VT SOR and under supervision for a period of time.

Changes are obviously needed, but again, they need to be effective. In the case of Jacques he only served four of a 6-20 year sentence and on top of that was also released early from probation. I think change should start right there. No more early release from anything under any circumstances. Sex offenders should have to serve their full jail sentence and probation, no exceptions.

Yes there needs to be tougher laws with tougher penalties as well, but these laws must be made in such a way that they don't allow most offenders to go unconvicted and not added to the VT SOR just so we can feel good when the occasional one does get convicted and sentenced to serve a mandatory 25 year sentence.

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