Post by falcon66 on Jan 15, 2007 20:40:30 GMT -5
Texas will consider death penalty for repeat sexual predators
Texas lawmakers are talking tough about cracking down on sexual predators who prey on children. Some propose the death penalty for repeat offenders, potentially creating hundreds more death row inmates in a state that already executes more than any other.
Other ideas include mandatory long sentences for 1st-time offenders or eliminating probation.
But opposition is flaring from unexpected sources: prosecutors and victim advocates.
They fear some of the proposals would make it harder to get convictions and, perhaps, put children in even more danger by giving molesters incentive to kill the only potential witness to their crimes.
And there's the question of whether the death penalty in sex offenses is even constitutional.
"We support the intent," said Torie Camp of the Texas Association Against Sexual Assault. "We're concerned about the unintended consequences."
Lt. Gov. David Dewhurst, a Republican who won a 2nd 4-year term, has led the charge for tougher penalties for child molesters, calling for a 25-year minimum sentence after the 1st conviction when a victim is less than 14 and the death penalty option for repeat offenders.
"The idea is to prevent these kinds of crimes," said Dewhurst spokesman Rich Parsons. "It sends a clear signal and maybe these monsters will think twice before committing a crime."
Gov. Rick Perry, also a Republican, said Texas is a "tough on crime" state and he's open to tougher penalties, including the death penalty.
A recent case in West Texas will likely fan the debate.
Dwayne Dale Billings, 21, a registered sex offender, was charged with aggravated sexual assault of a 9-year-old autistic girl who went missing in Odessa earlier this month. She was found alive in his home.
Dozens of sex offender bills have already been filed for the 140-day legislative session that began Jan. 9.
Proponents want Texas to join states cracking down with tough "Jessica's Laws", named after a girl who was abducted and killed in Florida, and become one of a handful that could put some repeat offenders to death.
Sen. John Whitmire, chairman of the Senate Criminal Justice Committee, said Texas is already tough on sex offenders.
Most already serve their entire sentence without parole and are subject to civil commitment if experts deem them dangerous upon release.
"We are tough (on sex offenders.) Tougher than hell. We lead the nation in tough." Whitmire said. "But you've got to be careful."
Crime victim advocates worry the death penalty may lead to more murder victims. Child sex cases often have no witness other than the victim.
"If the punishment for raping a child and raping and killing are exactly the same," Camp said, "the rapist may kill so that witness is no longer there."
In family cases, a child molested by a parent or grandparent may be pressured not to testify if the perpetrator faces a long prison sentence or the death penalty, Camp said.
The death penalty raises a key constitutional issue.
In 1977, the U.S. Supreme Court reversed a death sentence for a Georgia man convicted of raping a woman, calling it an "excessive penalty for the rapist, who as such, does not take human life."
Even so, Florida, Montana, Louisiana, Oklahoma and South Carolina have already passed new death penalty laws for sex offenses against children, said Richard Dieter of the Death Penalty Information Resource Center in Washington, D.C.
"It is a trend. It's a strong, symbolic gesture" Dieter said. "But I don't see it being used very much."
No one has been executed under the laws, but one Louisiana inmate is on death row for the rape of an 8-year-old girl. That case is still being reviewed by state and federal appeals courts, Dieter said.
Dieter and legal experts say it is unclear whether the Supreme Court would make a distinction between an adult or child victim when considering the death penalty in a sex case.
Parsons said Dewhurst's office believes a state law could be tailored specifically to deal with child victims and survive court challenges.
Many prosecutors are wary of tinkering with the state's death penalty system.
"Change can bring unintended consequences which may not look like anything until some smart lawyer picks up on it," said Shannon Edmonds, spokesman for the Texas District and County Attorneys Association.
"Change a comma and it's going to be the basis for an appeal," Edmonds said. "All it takes is one little problem to grind the whole system to a halt."
Whitmire said if the death penalty proposals being considered today were already in the law, 2,900 current prison inmates could be facing the death sentence. Texas already has nearly 400 inmates on death row.
"We'd have to build a lot of execution chambers," Whitmire said.
Prosecutors and victims groups instead want lawmakers to expand limits on witness testimony in sex cases and make it easier to prosecute ongoing abuse.
The Texas Association Against Sexual Assault also wants to lengthen the statute of limitations, which currently requires an indictment before the victim's 28th birthday, Camp said.
Even a proposed 2,000-foot safe zone to keep convicted offenders from living close to schools, parks and other public areas is running into opposition.
Critics note that other states are having second thoughts after passing similar measures.
In Iowa, prosecutors issued a 6-page statement last month saying that state's buffer zone has created several problems.
It prevents some mentally disabled offenders from living with family who may watch over them. Others are failing to register with authorities or moving to rural areas where there are fewer police officers.
Sen. Bob Deuell, a Republican from Greenville, has filed a bill requiring a long minimum sentence and the death penalty option in repeat cases.
"I think it should be an option," Deuell said. "I want it to be preventative. (But) I also have an open mind to listen."
Whitmire said his committee will conduct lengthy hearings, but he is likely to lean toward the judgment of prosecutors and victims' groups.
"At the end of the day, I think they have tremendous say and influence," Whitmire said. The (prosecutors) have to take what we pass and apply it in court and crime victims have to know we have their interests at stake."
(source: Associated Press)
Texas lawmakers are talking tough about cracking down on sexual predators who prey on children. Some propose the death penalty for repeat offenders, potentially creating hundreds more death row inmates in a state that already executes more than any other.
Other ideas include mandatory long sentences for 1st-time offenders or eliminating probation.
But opposition is flaring from unexpected sources: prosecutors and victim advocates.
They fear some of the proposals would make it harder to get convictions and, perhaps, put children in even more danger by giving molesters incentive to kill the only potential witness to their crimes.
And there's the question of whether the death penalty in sex offenses is even constitutional.
"We support the intent," said Torie Camp of the Texas Association Against Sexual Assault. "We're concerned about the unintended consequences."
Lt. Gov. David Dewhurst, a Republican who won a 2nd 4-year term, has led the charge for tougher penalties for child molesters, calling for a 25-year minimum sentence after the 1st conviction when a victim is less than 14 and the death penalty option for repeat offenders.
"The idea is to prevent these kinds of crimes," said Dewhurst spokesman Rich Parsons. "It sends a clear signal and maybe these monsters will think twice before committing a crime."
Gov. Rick Perry, also a Republican, said Texas is a "tough on crime" state and he's open to tougher penalties, including the death penalty.
A recent case in West Texas will likely fan the debate.
Dwayne Dale Billings, 21, a registered sex offender, was charged with aggravated sexual assault of a 9-year-old autistic girl who went missing in Odessa earlier this month. She was found alive in his home.
Dozens of sex offender bills have already been filed for the 140-day legislative session that began Jan. 9.
Proponents want Texas to join states cracking down with tough "Jessica's Laws", named after a girl who was abducted and killed in Florida, and become one of a handful that could put some repeat offenders to death.
Sen. John Whitmire, chairman of the Senate Criminal Justice Committee, said Texas is already tough on sex offenders.
Most already serve their entire sentence without parole and are subject to civil commitment if experts deem them dangerous upon release.
"We are tough (on sex offenders.) Tougher than hell. We lead the nation in tough." Whitmire said. "But you've got to be careful."
Crime victim advocates worry the death penalty may lead to more murder victims. Child sex cases often have no witness other than the victim.
"If the punishment for raping a child and raping and killing are exactly the same," Camp said, "the rapist may kill so that witness is no longer there."
In family cases, a child molested by a parent or grandparent may be pressured not to testify if the perpetrator faces a long prison sentence or the death penalty, Camp said.
The death penalty raises a key constitutional issue.
In 1977, the U.S. Supreme Court reversed a death sentence for a Georgia man convicted of raping a woman, calling it an "excessive penalty for the rapist, who as such, does not take human life."
Even so, Florida, Montana, Louisiana, Oklahoma and South Carolina have already passed new death penalty laws for sex offenses against children, said Richard Dieter of the Death Penalty Information Resource Center in Washington, D.C.
"It is a trend. It's a strong, symbolic gesture" Dieter said. "But I don't see it being used very much."
No one has been executed under the laws, but one Louisiana inmate is on death row for the rape of an 8-year-old girl. That case is still being reviewed by state and federal appeals courts, Dieter said.
Dieter and legal experts say it is unclear whether the Supreme Court would make a distinction between an adult or child victim when considering the death penalty in a sex case.
Parsons said Dewhurst's office believes a state law could be tailored specifically to deal with child victims and survive court challenges.
Many prosecutors are wary of tinkering with the state's death penalty system.
"Change can bring unintended consequences which may not look like anything until some smart lawyer picks up on it," said Shannon Edmonds, spokesman for the Texas District and County Attorneys Association.
"Change a comma and it's going to be the basis for an appeal," Edmonds said. "All it takes is one little problem to grind the whole system to a halt."
Whitmire said if the death penalty proposals being considered today were already in the law, 2,900 current prison inmates could be facing the death sentence. Texas already has nearly 400 inmates on death row.
"We'd have to build a lot of execution chambers," Whitmire said.
Prosecutors and victims groups instead want lawmakers to expand limits on witness testimony in sex cases and make it easier to prosecute ongoing abuse.
The Texas Association Against Sexual Assault also wants to lengthen the statute of limitations, which currently requires an indictment before the victim's 28th birthday, Camp said.
Even a proposed 2,000-foot safe zone to keep convicted offenders from living close to schools, parks and other public areas is running into opposition.
Critics note that other states are having second thoughts after passing similar measures.
In Iowa, prosecutors issued a 6-page statement last month saying that state's buffer zone has created several problems.
It prevents some mentally disabled offenders from living with family who may watch over them. Others are failing to register with authorities or moving to rural areas where there are fewer police officers.
Sen. Bob Deuell, a Republican from Greenville, has filed a bill requiring a long minimum sentence and the death penalty option in repeat cases.
"I think it should be an option," Deuell said. "I want it to be preventative. (But) I also have an open mind to listen."
Whitmire said his committee will conduct lengthy hearings, but he is likely to lean toward the judgment of prosecutors and victims' groups.
"At the end of the day, I think they have tremendous say and influence," Whitmire said. The (prosecutors) have to take what we pass and apply it in court and crime victims have to know we have their interests at stake."
(source: Associated Press)