Governor Freudenthal has proposed legislation that will require sex offenders
who target children to get life in prison with no parole upon their second
conviction.
Attorney General Pat Crank presented draft legislation
to the Joint Judiciary Interim Committee in Cheyenne. Current state law imposes
a life sentence upon a third conviction. "On the second time you have sexually assaulted a child, I think it's time you lock that person away and prevent him from victimizing other children," Crank said. "(Freudenthal)
thinks it's important to try to protect our children from sexual predators.
But predictably Casper criminal defense attorney Mike Krampner in defense of his customer base said the Freudenthal proposal threatened to strip the state's judges of discretion about the appropriate sentence for each convict. Judicial discretion has demonstrably proven harmful and sometimes fatal to children. Here are a few prime examples of judicial discretion.
´ In Rhode Island, 18-year-old Josh Maciorski was convicted
of having sex with a 13-year-old girl, but sentenced to probation. Two years
later he molested a 14-year-old girl and served just one year. Then, when
he got out, Maciorski raped a 16-year-old girl. His sentence after this third
strike - an unbelievable three years in prison.
´ In Missouri, 19-year old Darrell Jackson pleaded guilty
to repeatedly sexually abusing a little girl, beginning she was just eight.
But when Jackson came up for sentencing, a soft judge gave him four months
in prison and five years probation.
´ In Minnesota, Joseph Duncan stood in front of a judge,
accused of molesting a young boy. Despite the fact that Duncan had previously
served 16 years for raping another young boy at gunpoint, the judge released
him on just $15,000 bail. Duncan promptly skipped bail and headed for Idaho,
where he allegedly kidnapped, raped, and killed a 9-year old boy, molested
his sister, and killed their family.
´ Closer to home Swan ValleyÍs Camp Little Lemhi Boy Scout leader Brad Stowell who molested 24 children was sentenced to 150 days in jail, The judge rationalized, ñbased on professionals' recommendations.î After
violating his probation Judge St. Clair sentenced Stowell too 2 to 14 years
in prison Brad Stowell will spend a year and a half in prison before he has
a chance for parole and a fresh opportunity to offend again. Jackson children
attended this camp.
Governor Freudenthal is making a move in the right direction
but it does not go far enough, the stricter JessicaÍs Law is a better model. Jessica Lunsford, who was just nine when her life was brutally ended by a serial sexual predator who had previously been convicted of sex crimes against a child. Here are a few of JessicaÍs
Law provisions.
´ Ensure that all child molesters who molest children
under the age of 14 are put into a prison with a mandatory minimum sentence
of 25 years to life. Closes all loopholes in one-strike laws.
´ Eliminate all good-time credits for sex offenders ensuring
that these sex offenders are required to serve their entire sentence and
will not be released for good behavior.
´ Electronically monitor convicted sex offenders for life,
if they are ever released from prison, through GPS tracking.
´ Create a 2,000-foot predator-free zone around schools
and parks to prevent sex offenders from living near where our children learn
and play.
A New York group, Parents for Megan's Law, who advocate
for tougher sex offender monitoring laws has given Wyoming a failing grade
because Wyoming doesn't post all known sex offenders on WyomingÍs public sex offender website. Currently only offenders classified as high risk are named on the website, FreudenthalÍs
new legislation proposes to allow the state to post the identities of all
sex offenders on it.
MeganÍs Law allows the states discretion to establish
criteria for disclosure, but compels them to make private and personal information
on registered sex offenders available to the public.
´ Assists law enforcement in investigations;
´ Establishes legal grounds to hold
known offenders;
´ Deters sex offenders from committing new offenses;
´ Offers citizens information they can use to protect children from victimization.
JessicaÍs Law plugs the holes in Megan's Law which requires sex offenders to list their addresses in a public database so Megan's law only works if the sex offender lives at his registered address. It is also incumbent upon the public to be vigilant enough to check. JessicaÍs LawÍs
GPS monitor would allow law enforcement to track a paroled offender's every
move, no matter where he or she lives.
FreudenthalÍs second-strike proposal although an improvement over the faulty legislation it replaces is acceptable only if it is rewritten to incorporate JessicaÍs
Law as its first strike provision. |