I will have to respectfully disagree. Tougher laws are only good AFTER the perpetrator is convicted. If prosecutors won't bring cases to trial and jury's won't convict then the toughest law on the books does nothing. The perpetrator goes free. The conviction and prosecution rate for sex crimes are the lowest of all violent crimes by a wide margin, and in my opinion, the reason is that jury's are reluctant to convict without overwhelming evidence, which simply does exist in the majority of sex crime cases.
Demand Change In Vermont Law
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I will have to respectfully disagree. Tougher laws are only good AFTER the perpetrator is convicted. If prosecutors won't bring cases to trial and jury's won't convict then the toughest law on the books does nothing. The perpetrator goes free. The conviction and prosecution rate for sex crimes are the lowest of all violent crimes by a wide margin, and in my opinion, the reason is that jury's are reluctant to convict without overwhelming evidence, which simply does exist in the majority of sex crime cases.
Tom'sGirl
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Vt. Corrections Officials Revisit Probation Ruling
By Mark Davis
Valley News Staff Writer
As friends and relatives gather to mourn 12-year-old Brooke Bennett at her funeral today, Vermont's top corrections official is examining whether the child's uncle -- convicted sex offender Michael Jacques -- was released early from probation in late 2006 against Corrections Department recommendations.
In an interview yesterday, Vermont Corrections Commissioner Rob Hofmann said that while the judge who approved Jacques' early release indicated in her ruling that a probation officer supported the decision, internal documents show the department was opposed to letting Jacques off probation. Hofmann said the department is investigating the discrepancy.
We're still trying to understand that, said Hofmann, who became commissioner in 2005. We have indications in the case file that the department would not support the release because of the violent nature of the offense.
It is clear to me the department didn't support (Jacques' release), Hofmann said.
But Judge Amy Davenport apparently thought differently.
Cont'd: http://www.vnews.com/07092008/4941902.htm
By Mark Davis
Valley News Staff Writer
As friends and relatives gather to mourn 12-year-old Brooke Bennett at her funeral today, Vermont's top corrections official is examining whether the child's uncle -- convicted sex offender Michael Jacques -- was released early from probation in late 2006 against Corrections Department recommendations.
In an interview yesterday, Vermont Corrections Commissioner Rob Hofmann said that while the judge who approved Jacques' early release indicated in her ruling that a probation officer supported the decision, internal documents show the department was opposed to letting Jacques off probation. Hofmann said the department is investigating the discrepancy.
We're still trying to understand that, said Hofmann, who became commissioner in 2005. We have indications in the case file that the department would not support the release because of the violent nature of the offense.
It is clear to me the department didn't support (Jacques' release), Hofmann said.
But Judge Amy Davenport apparently thought differently.
Cont'd: http://www.vnews.com/07092008/4941902.htm
Starr58
New Member
UPDATE: 7/08/08 2:53 am EST
Public outrage over the death of Brooke Bennett has the residents of Vermont circulating petitions to get Jessica's Law on individual town's November ballots. Other than indicating that the forms must be returned to each town's clerk by September 15th, no further details are available.
Vermont is one of 10 states that has failed to enact Jessica's Law, a 2005 Florida law designed to punish sex offenders and reduce their ability to re-offend. The law is named after Jessica Lunsford and was enacted due to the public's outrage over Jessica's death. Jessica was raped and murdered in Florida, in 2005, by John Couey, a previously convicted sex-offender.
Among the key provisions of the law is a 25 year mandatory sentence apparently objected to by most State of Vermont prosecutors and one of the reasons Vermont's Legislature has not moved to pass Jessica's Law.
http://www.nowpublic.com/world/spotlight-vermont-brooke-bennett-jessicas-law
Public outrage over the death of Brooke Bennett has the residents of Vermont circulating petitions to get Jessica's Law on individual town's November ballots. Other than indicating that the forms must be returned to each town's clerk by September 15th, no further details are available.
Vermont is one of 10 states that has failed to enact Jessica's Law, a 2005 Florida law designed to punish sex offenders and reduce their ability to re-offend. The law is named after Jessica Lunsford and was enacted due to the public's outrage over Jessica's death. Jessica was raped and murdered in Florida, in 2005, by John Couey, a previously convicted sex-offender.
Among the key provisions of the law is a 25 year mandatory sentence apparently objected to by most State of Vermont prosecutors and one of the reasons Vermont's Legislature has not moved to pass Jessica's Law.
http://www.nowpublic.com/world/spotlight-vermont-brooke-bennett-jessicas-law
Starr58
New Member
Anyone convicted prior to the establisment of registry is NOT included in the registry. there are 100's of offenders not on the list.
This needs to be changed!!!
This needs to be changed!!!
Starr58
New Member
Gov. Jim Douglas, R-Vermont, says the Corrections Department made a mistake when it supported early probation release for Brooke Bennett's uncle-- who is now charged with kidnapping her.
In 2006, Michael Jacques was released seven years early from probation for raping and kidnapping a teenager in Rutland in 1992.
http://www.wcax.com/global/story.asp?s=8657128
In 2006, Michael Jacques was released seven years early from probation for raping and kidnapping a teenager in Rutland in 1992.
http://www.wcax.com/global/story.asp?s=8657128
Starr58
New Member
1. Include all offenders on the Sex Offender Registry not just those in the Community and include release dates from both probation and incarceration. Sex Offenders need to be "registered" For LIFE.
2.Address of Sex offender. It isn't enough to know who they are. In order to protect children the public needs to know where they are !!!
3. Make the Registry more user friendly. Change from it being searchable by county to be searchable by last name & first name. Similiar to the inmate Locator database.
4. Sex Offender Registry should be a part of the Department of Corrections website. Put all names into one database. Inmates and Sex Offenders.
5. Update Registry Information monthly. This can be accomplished through the information that is gathered from the DOC staffs' monthly contact with offender. Date of contact recorded in registry.
6. Any child related offense- second offense- Can be held without bail.
7. Public notification of release on websites, in newspapers, TV. and Radio.
Those are what I have of the top of my head for improvements and would appreciate others thoughts.
dark shadows...what is our current Vermont Statues for Sexual Assault on a Child, Aggravated Sexual on a Child or any others that should be looked at.
PLease, Please..post responses in the Demand Change In Vermont Law" Forum
2.Address of Sex offender. It isn't enough to know who they are. In order to protect children the public needs to know where they are !!!
3. Make the Registry more user friendly. Change from it being searchable by county to be searchable by last name & first name. Similiar to the inmate Locator database.
4. Sex Offender Registry should be a part of the Department of Corrections website. Put all names into one database. Inmates and Sex Offenders.
5. Update Registry Information monthly. This can be accomplished through the information that is gathered from the DOC staffs' monthly contact with offender. Date of contact recorded in registry.
6. Any child related offense- second offense- Can be held without bail.
7. Public notification of release on websites, in newspapers, TV. and Radio.
Those are what I have of the top of my head for improvements and would appreciate others thoughts.
dark shadows...what is our current Vermont Statues for Sexual Assault on a Child, Aggravated Sexual on a Child or any others that should be looked at.
PLease, Please..post responses in the Demand Change In Vermont Law" Forum
Starr58
New Member
Brooke Bennet Case Specifics
If Jacques is found guilty of sexual violence towards Brooke Bennet,
under the new sexual predator laws that came into effect in 2006 the
perpetrator he can be given an indeterminate sentence, which means he
will essentially be sentenced to life in prison unless and until he
completes sex offender treatment to the satisfaction the Department of
Corrections under the control of the Governor.
After being convicted of aggravated sexual assault in 1993, Jacques
served time in prison and did receive sex offender treatment. He was
and is still listed on the sex offender registry.
In 93 people maxed out their sentences as an untreated sex offender.
Once a maximum is served in a facility or served on parole. Offenders
were choosing to max out their sentence rather than complete sex
offender treatment. More often than not they were in denial.
Hope this helps - you don't always get the real truth from the talking
heads on TV.
Sen JIM Condos
Jacques Should no longer be eligible for Sex Offender treatment !!!! The only choice must be Life LONG Confinement!! What a Fricken Insult to the Vermont Taxpayers!!!
If Jacques is found guilty of sexual violence towards Brooke Bennet,
under the new sexual predator laws that came into effect in 2006 the
perpetrator he can be given an indeterminate sentence, which means he
will essentially be sentenced to life in prison unless and until he
completes sex offender treatment to the satisfaction the Department of
Corrections under the control of the Governor.
After being convicted of aggravated sexual assault in 1993, Jacques
served time in prison and did receive sex offender treatment. He was
and is still listed on the sex offender registry.
In 93 people maxed out their sentences as an untreated sex offender.
Once a maximum is served in a facility or served on parole. Offenders
were choosing to max out their sentence rather than complete sex
offender treatment. More often than not they were in denial.
Hope this helps - you don't always get the real truth from the talking
heads on TV.
Sen JIM Condos
Jacques Should no longer be eligible for Sex Offender treatment !!!! The only choice must be Life LONG Confinement!! What a Fricken Insult to the Vermont Taxpayers!!!
amomandherblog
Member
Beyond Belief, I posted your letter and the addresses (and emailed them all as well) on my blog, I hope that's ok. Vermont just continues to drive me crazy with the stuff they choose to worry about.
Starr58
New Member
LT. Governor Dubie: Vermont Must Crack Down on Sex Offenders
--------------------------------------------------------------------------------
Montpelier, Vermont - July 14, 2008
Two weeks after 12-year-old Brooke Bennett was found murdered, Lieutenant Governor Brian Dubie, R-Vermont, continues to call for tougher laws against sexual offenders.
Monday, he held a press conference highlighting some of the changes he would like the state to make which include chemical castration for repeat offenders, mandatory life sentences for some violent assaults, and the adoption of Jessica's law. Dubie says the state's legal status quo is unacceptable when it comes to sexual assaults on a child. He's asking the governor and the legislature to convene a special session 30 days from now to overhaul the system.
http://www.wcax.com/global/story.asp?s=8669461
--------------------------------------------------------------------------------
Montpelier, Vermont - July 14, 2008
Two weeks after 12-year-old Brooke Bennett was found murdered, Lieutenant Governor Brian Dubie, R-Vermont, continues to call for tougher laws against sexual offenders.
Monday, he held a press conference highlighting some of the changes he would like the state to make which include chemical castration for repeat offenders, mandatory life sentences for some violent assaults, and the adoption of Jessica's law. Dubie says the state's legal status quo is unacceptable when it comes to sexual assaults on a child. He's asking the governor and the legislature to convene a special session 30 days from now to overhaul the system.
http://www.wcax.com/global/story.asp?s=8669461
Starr58
New Member
(MONTPELIER) Lt. Governor Brian Dubie today urged Governor Douglas to convene a special session of the Vermont legislature to begin to reform state laws concerning sexual predators. He also launched a statewide petition drive, inviting Vermonters who agree that the state can do more to protect children and women against sexual predators to sign and circulate the petition, which is available on his website at www.ltgov.vermont.gov Among the reforms he called for are:
A comprehensive review of our criminal justice system. I call for a thorough investigation of Vermont's laws and policies that should protect Vermonts children from sex offenders.
Adoption of a Jessicas Law, which would set a 25-year mandatory minimum prison sentence for a first-time convicted child sexual abuser. Our law could be modeled on New Hampshires law that includes a presumptive clause, for cases where the evidence is weak or the victim chooses not to testify. It allows a judge to impose a lesser term, accompanied by explanation of the decision. We would essentially be strengthening Vermonts current law, which has a presumptive 10-year minimum sentence and a 5-year minimum mandatory sentence.
A mandatory life sentence for a second-time violent sexual offense against a child.
Passage of a civil confinement law that would extend prison stays for certain high-risk offenders who have served their terms, but who by clear criteria are known to be highly likely to re-offend.
Utilizing chemical castration and physical castration treatments for habitual sex offenders
Broadening the criteria for listing child predators on Vermonts Online Sex Offender Registry, and making it more user-friendly, as it is in other states, and for better monitoring of sex offenders using GPS technology.
Tough penalties for those who harbor a sex offender who violates registration requirements.
Expansion and funding for Special Investigative Units, to improve conviction rates and sentencing.
Adoption of laws that would allow evidence of prior sexual misconduct to be admissible in sex crimes cases, as it is in 12 other states and in federal court.
Collection by law enforcement authorities of DNA samples from anyone arrested in our state that could assist in cracking unsolved sex crimes.
A comprehensive review of our criminal justice system. I call for a thorough investigation of Vermont's laws and policies that should protect Vermonts children from sex offenders.
Adoption of a Jessicas Law, which would set a 25-year mandatory minimum prison sentence for a first-time convicted child sexual abuser. Our law could be modeled on New Hampshires law that includes a presumptive clause, for cases where the evidence is weak or the victim chooses not to testify. It allows a judge to impose a lesser term, accompanied by explanation of the decision. We would essentially be strengthening Vermonts current law, which has a presumptive 10-year minimum sentence and a 5-year minimum mandatory sentence.
A mandatory life sentence for a second-time violent sexual offense against a child.
Passage of a civil confinement law that would extend prison stays for certain high-risk offenders who have served their terms, but who by clear criteria are known to be highly likely to re-offend.
Utilizing chemical castration and physical castration treatments for habitual sex offenders
Broadening the criteria for listing child predators on Vermonts Online Sex Offender Registry, and making it more user-friendly, as it is in other states, and for better monitoring of sex offenders using GPS technology.
Tough penalties for those who harbor a sex offender who violates registration requirements.
Expansion and funding for Special Investigative Units, to improve conviction rates and sentencing.
Adoption of laws that would allow evidence of prior sexual misconduct to be admissible in sex crimes cases, as it is in 12 other states and in federal court.
Collection by law enforcement authorities of DNA samples from anyone arrested in our state that could assist in cracking unsolved sex crimes.
Disagree. What if you are arrested for failure to pay parking tickets, or being drunk and disorderly or possession of weed? I agree that DNA should be taken from those who are arrested for VIOLENT felonies, and there should be a mechanism for the DNA to be taken out of the database if it is proven to be a false arrest, e.g. the person arrested is determined to be factually innocent, not just unprosecutable.
I would add special training for sex crime prosecutors and funding to study the viability of a sex crime court that would be staffed w/specially trained lawyers and judges with separate rules of evidence to make the process more fair to victims.
LI_Mom
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Keeping this sad case in perspective......
MJ's previous conviction was for an attack on an 18 year old victim. That's an adult in the eyes of the law... not a child.
And before that "lewd and lascivious conduct" but no conviction in that case.
VT had no legal reason to even consider or treat him as a pedophile... a sex offender yes. A pedophile, no.
MJ's previous conviction was for an attack on an 18 year old victim. That's an adult in the eyes of the law... not a child.
And before that "lewd and lascivious conduct" but no conviction in that case.
VT had no legal reason to even consider or treat him as a pedophile... a sex offender yes. A pedophile, no.
LI_Mom
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I agree. 500%
Starr58
New Member
Lt. Gov. Brian Dubie says Vermont must crack down on sex offenders.
http://www.wptz.com/video/16882332/
Attorney General Sorrell and Zuckerman need to go spend a day in the cell with both MJ & RG.
The first area of change needs to be the process of appointing judges by the members of the legislature!! Liberal Legislature makes for liberal judges which makes for liberal sentences for these animals!
A tree and a rope is the sentence they deserve!!
http://www.wptz.com/video/16882332/
Attorney General Sorrell and Zuckerman need to go spend a day in the cell with both MJ & RG.
The first area of change needs to be the process of appointing judges by the members of the legislature!! Liberal Legislature makes for liberal judges which makes for liberal sentences for these animals!
A tree and a rope is the sentence they deserve!!
Starr58
New Member
By Jane Lindholm
http://www.vpr.net/episode/44000/
In the wake of Brooke Bennett's death, we take a closer look at Vermont's sex offender laws. The body of the 12-year-old Braintree girl was found last week, and federal prosecutors have charged her uncle with kidnapping. Now, some lawmakers are calling for an investigation into the state's sex offender laws, and for the passage of "Jessica's Law", which requires a 25-year minimum sentence for sex offenders. Attorney General Bill Sorrell explains Vermont's current sex offender laws, how they've changed, and why Vermont has a national reputation as being lenient on offenders.
UGGGHHHH Thats Vermont"s APPOINTED Liberal Attorney General who spent more time on the tobacco industry lawsuit and negected and ignored the sex offender fiasco in Vermont. Vermont's Attorney General Sorrell does NOT support Jessica's LAW!!!
http://www.vpr.net/episode/44000/
In the wake of Brooke Bennett's death, we take a closer look at Vermont's sex offender laws. The body of the 12-year-old Braintree girl was found last week, and federal prosecutors have charged her uncle with kidnapping. Now, some lawmakers are calling for an investigation into the state's sex offender laws, and for the passage of "Jessica's Law", which requires a 25-year minimum sentence for sex offenders. Attorney General Bill Sorrell explains Vermont's current sex offender laws, how they've changed, and why Vermont has a national reputation as being lenient on offenders.
UGGGHHHH Thats Vermont"s APPOINTED Liberal Attorney General who spent more time on the tobacco industry lawsuit and negected and ignored the sex offender fiasco in Vermont. Vermont's Attorney General Sorrell does NOT support Jessica's LAW!!!
Starr58
New Member
As public servants, our most important responsibility is to protect the most vulnerable among us from harm. Children represent our greatest hope for a better tomorrow and it is heart-wrenching for all of us when we are confronted with cases of abuse especially sexual abuse against children.
There has been a great deal of talk, finger-pointing and grandstanding in recent days regarding the tragedy of Brooke Bennetts death. This does nothing to serve Brookes memory. This does nothing to address the failures of that particular case and, more importantly, it does nothing to protect children all across our state who deserve to grow up in a safe and loving community.
Last week, I called for an immediate and aggressive internal investigation surrounding a probation officers 2004 recommendation that a judge grant Michael Jacques an early discharge from probation. Both the position of the probation officer and decision of the judge in that case couldnt have been more wrong. I have demanded an overhaul of the departments policies and practices to ensure that no judge can irresponsibly use the misguided recommendation of a probation officer to release a repeat sex offender from probation.
While that investigation is underway, and until a full report is issued by the Department, I have ordered that under no circumstances will a probation or parole officer or any other individual, department or agency support the early release of any sex offender before they have served their maximum sentence.
http://www.timesargus.com/apps/pbcs....NEWS/813679555
There has been a great deal of talk, finger-pointing and grandstanding in recent days regarding the tragedy of Brooke Bennetts death. This does nothing to serve Brookes memory. This does nothing to address the failures of that particular case and, more importantly, it does nothing to protect children all across our state who deserve to grow up in a safe and loving community.
Last week, I called for an immediate and aggressive internal investigation surrounding a probation officers 2004 recommendation that a judge grant Michael Jacques an early discharge from probation. Both the position of the probation officer and decision of the judge in that case couldnt have been more wrong. I have demanded an overhaul of the departments policies and practices to ensure that no judge can irresponsibly use the misguided recommendation of a probation officer to release a repeat sex offender from probation.
While that investigation is underway, and until a full report is issued by the Department, I have ordered that under no circumstances will a probation or parole officer or any other individual, department or agency support the early release of any sex offender before they have served their maximum sentence.
http://www.timesargus.com/apps/pbcs....NEWS/813679555
LI_Mom
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Changing the laws & making them more realistic is important but it's just a false sense of security. It focuses on dealing with pedophiles only AFTER they've been caught.
What we should be asking is why are there so many pedophiles in our society & can we do something to decrease this horrific number?
How do we deal with the problem of children NOT reporting when they are sexually abused?
Because we will NEVER stop pedophiles from hurting children if children are silent.
What we should be asking is why are there so many pedophiles in our society & can we do something to decrease this horrific number?
How do we deal with the problem of children NOT reporting when they are sexually abused?
Because we will NEVER stop pedophiles from hurting children if children are silent.
I agree, but it seems that most people are so emotional on the subject that the horrific rate of prosecution and conviction for sex offenders goes in one ear and out the other.
The overwhelming majority of sex crimes against children do NOT include DNA...if you've got an adult's DNA on a child then its a virtual no brainer, though I have seen defenses where the perp will say it came from the laundry being 'mixed together' and have seen juries believe it and vote to acquit.
Expecting a child to go forward to a trusted adult in time for physical evidence to be collected is unrealistic. So, the truth is, what the prosecution has in MOST cases is the testimony of a minor witness vs. the testimony of an adult witness who is already skilled enough in manipulation to have been able to commit these crimes for some period of time. Often the mother of the child will support her husband and not her child.
The people who think these harsh laws on sex offenders are going to be a cure all must never have followed a sex crime trial. They must never have seen how the child will be called a liar and how the perpetrator will claim that the child is lying out of spite due to being disciplined. They must never have read that sexual abuses causes children to act out...to lie, to be aggressive, to fail in school...so that the very symptoms of sexual abuse will cause the child to be LESS credible to a jury.
My research shows me that there is a pretty small window..of about 7 or 8 to about 10 years old when the child is generally believed...younger than that, if there isn't DNA the child is not convincing, and older than that, the child is attacked as a wanton liar. If the child doesn't come forward until they're a teenager, forget a conviction in most cases.
THese dirtbags already refuse to confess...how in the world does anyone think that a mandatory 25 year sentence is going to get them to confess at a higher rate when they already know their chances for acquittal are better than 50/50?????????
Starr58
New Member