[ UPDATE: In the Comments to this Entry, I said that Santa Clarita City Council candidate Johnny Pride was arrested. The Sheriff's had him released because the D. A.'s Office said that there was insufficient evidence. It does not mean he can't be re-arrested. There's just not enough to try him.]
From the San Diego Union-Tribune:
Experts: Predator laws not working
By Jeff McDonald, UNION-TRIBUNE STAFF WRITER
Wednesday, March 3, 2010 at 11:13 p.m.
The crimes are horrible enough to outrage even the most impassive observers: a popular teen murdered and buried off a lakefront jogging trail, a young girl lured to her death by a predator with the promise of a puppy.
Human nature all but mandates that something be done to prevent others from suffering the fate of Chelsea King or Megan Kanka, the 7-year-old New Jersey girl now remembered as the Megan in Megan’s Law.
Calls to action already are ringing across San Diego County and the nation for tougher legislation after the rape and murder of 17-year-old Chelsea, whose body is believed to have been found near Lake Hodges on Tuesday and whose accused killer appeared in court Wednesday to answer the charges.
But legal experts note that California already has a litany of laws named after child victims adopted in the heated aftermath of terrible crimes. Too often, the rules fail to deter pedophiles and other sexual offenders who may never be reformed.
“Virtually every study done of the subject has concluded that Megan’s Law hasn’t reduced sex offenses,” said Shaun Martin, a law professor at the University of San Diego. “So it’s pretty clear at this point that the law doesn’t reduce crime.”
Karen Doll-Murphy of Escondido was so disgusted by the inability to effectively police sexual predators after they are paroled that she launched a Facebook page to lobby for a new law to lock them up for life after a single conviction. By evening, it had more than 800 members and was growing by the minute.
“We the people must stand united together in a nationwide effort to change legislation that protects our children, not their predators,” she wrote.
Elected officials joined the debate just as quickly.
At San Diego City Hall, Councilman Carl DeMaio, who represents the Rancho Bernardo area where Chelsea King’s car was found after she went missing, huddled with advisers to discuss what his office might do to better protect constituents. In Sacramento, Assemblyman Nathan Fletcher, R-San Diego, said he was already examining possible legislation in response to Chelsea’s murder.
“Our laws are supposed to protect the innocent, but they didn’t protect Chelsea King,” said Fletcher, who urged people to pray for Chelsea’s family on his state Web site.
The best-known statutes aimed at protecting children from sexual predators are Megan’s Law and Jessica’s Law, referring to state laws advocated by people appalled at the murders — years apart and in different states — of two young girls.
In 1994, Megan was sexually assaulted and killed by a previous offender in Hamilton Township, N.J., who coaxed her into his house with talk of a new puppy. Megan’s parents said they had no idea the former convict had moved in nearby, and the crime prompted state lawmakers to require sex offenders to alert local police whenever they move to a new town. Two years later, Congress required all states to create a registry of offenders.
John Albert Gardner III, the suspect in Chelsea’s case, was paroled in 2005 after a child-molestation conviction and was registered at his grandmother’s home in Lake Elsinore. He also alerted police in Escondido, where he had rented an apartment.
“That (Megan’s Law) didn’t help,” said Melissa Holiday, president of the Parent Teacher Student Association at Poway High School, where Chelsea would have graduated this year. “He didn’t live here. He was visiting family.”
After 9-year-old Jessica Lunsford was abducted from her home in Homosassa, Fla., by a convicted sex offender in 2005, state residents demanded and lawmakers enacted a law mandating 25-year prison terms and lifetime electronic monitoring for defendants convicted of lewd and lascivious acts against a child under 12.
For California’s version of Jessica’s Law, convicted sex offenders are not allowed to live within 2,000 feet of a school or park, although the restriction has been challenged on constitutional grounds.
One of the ideas Fletcher floated Wednesday was to study whether the California law should be extended to prohibit convicted sex offenders from even loitering within 2,000 feet of a school, park or other places where children congregate.
But if policymakers want to stop sexual predators more effectively, said Andrew Vachss, a New York lawyer and author who represents children in court, they should boost funding for child-welfare and other government services so that abused children do not grow into abusers.
“Every time a kid gets killed there’s a demand for new laws,” said Vachss, who has written extensively on the failure of legislation such as Megan’s Law. “We don’t put any of our money into interdicting the process by which monsters are made.”
Brian Adams, a San Diego State University political science professor, said he doubts any elected official these days will seriously pursue a new law to protect children if it costs much money because so many government agencies are struggling to balance budgets.
“Up until a year or two ago, politicians were falling over themselves to be tough on crime and tough on sex offenders,” Adams said. “Now, with the budget crisis, politicians are a little more hesitant to get longer sentences and put more restrictions on (convicts) because it means more costs to the state.”
Meanwhile, efforts to expand the use of electronic tracking systems for sex offenders have run into legal, jurisdictional and financial disputes.
Several states are wrestling with the constitutionality of added penalties that lawmakers began placing on “sexually violent predators” in the 1990s. Those rules allow certain convicts to be held in a state hospital — after completing their prison term — if the government says they are still a threat to society.
The U.S. Supreme Court is weighing that question now, said constitutional scholar Erwin Chemerinsky, founding dean at the University of California Irvine School of Law.
“It worries me that once somebody has served their sentence they can continue to be incarcerated, but unless we’re going to go to life without parole for sex offenders or sentences that are decades long, there’s not really a way we can solve this,” he said. “I think everybody wants solutions, but I’m not sure anybody has them.”
Jeff McDonald: (619) 542-4585; jeff.mcdonald@uniontrib.com
Staff writers Michael Gardner and Peter Rowe contributed to this report. [Emphasis added.]
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Here, the experts now claim in part as to what we need to do. STOP BEGATING ABUSE! Now there are calls for "life without parole" setences for these molestors. It doesn't stop future molestors!
Until you stop those who were victimized, and later turn angry and abuse and molest, YOU DIDN'T STOP SHIT! You just made a decision to jail future generations because you thought of only today, but not tomorrow.
Remember, Brian David Mitchell, Phillip Garrido, etc., have been abused by one or more caretakers. Simply jailing them or putting them to death will not stop future abuse. Until you do, your child will always be in danger.
Just because places like Watts or East L. A. are bad neighborhoods doesn't mean your child is safe in your $500,000 home in some far out condo community somewhere. It's time for rational thinking, even though Mitchell, Garrido, and assholes like John Albert Gardner III need to have their asses impaled. Until we stop the begatting, one's son or daughter may not be back tonight.
THAT'S A CRYING SHAME!
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According to Ed Freeman,District Administrator of the State Parole Department's Central Coast
ReplyDeleteDivision:
"[t]here's a perception that most of the child molesters are this individual who cruises
the street and snatches a kid out of a bus stop, and that's just not the case. Most are
coaches, teachers, uncles, stepfathers for sure, that know the child. The number of
predatory individuals is probably less than five percent." ("Jessica's law Hits
Enforcement Roadblocks", HERALD SALINAS BUREAU, (February 3, 2008
Why. are we concentrating all (100%) of our resources (money, police, legislation) to deal with the
95% of the sex offender population that are NOT likely to be repeat offenders? The focus needs to be
on that 5% that are a real threat.
According to the California Department of Corrections (Recidivism of Paroled Sex Offenders: A Ten
Year Study), the recidivism for sex offenders as a whole group was 3.8%.
It is time to put our focus and resources into the "less than five percent" that are a real
Some of the facts are correct. In my book, in order to prevent the "five percent", we must stop the victims while they're young from being angry, and start being the predators that they are.
ReplyDeleteI believe that Brian David Mitchell, the one who kidnapped and raped Elizabeth Smart, was molested and raped by his father Shirl (what kind of a name is Shirl?) Mitchell. Brian Mitchell has already molested his own children, and his step-children. The only way Mitchell's behavior could have been stopped is that the Police, the social workers, and head shrinks intervened and prevented Brian Mitchell from being angry, and being a predator.
Mitchell's behavior is learned, not inherited. I believe that assholes like Phillip Garrido, Ted Bundy, Joseph Edward Duncan III, the child pornographer who killed Somer Thompson, and lately John Albert Gardner III were too, molested. That does not excuse their acts of molesting, raping, and murder. We need to prevent the molested from being molestors and worse.
We now have the "Victim's Bill of Rights", "Megan's Law", "Three Strikes Law", "One Strike Law", "Jessica's Law", "Marsy's Law", etc., and you might as well put everybody who fits the trenchcoat stereotype impaled every 10 feet along the Golden State Freeway. Guess what? Predators will still be around, because we never stopped abuse begatting abuse. It doesn't matter if one lived at 103rd and Central, Arizona and Whittier, Wilshire and Rodeo, Base Line and Waterman, Citrus and Redlands, 200 East and North Temple Square, 7th and 57th, Constitution and Pennsylvania, Winchester and Murrieta Hot Springs, etc. Your sons and daughters are still in danger.
Santa Clarita City Council candidate Johnny Pride recently got arrested for child molesting. Does he wear a "trenchcoat"? He's a model who could have dated any woman over 18! Until you get to the root of the problem, YOU CAN HAVE ALL SORTS OF INITIATIVES TO STOP CHILD MOLESTORS AND IT WILL NEVER WORK!!! Jessica's Law (known as Proposition 83 in California) never stopped Phillip Garrido. He lived at least 2,000 feet from a school or a park, but all of Garrido's Parole Officers from the California Department of Corrections ate doughnuts and didn't want to supervise Garrido. It took two UC Berkeley cops to notice something was wrong.
As for Gardner, his Parole Officers probably didn't stop him either. In fact, I never heard whether he ever did the then-required two-year stint at Atascadero State Hospital. If he didn't, despite changes in Jessica's Law, Gardner would be in a State Hospital in San Luis Obispo County TODAY!
We don't need "tougher" laws. If we don't go to the root of the problem, your kids will be in danger.