( – promoted by odum)
Right before Thanksgiving, I saw a Caledonian Record editorial that I wanted to share, but never got around to. Now that it looks like a new sex offender law is on a fast track, it’s worth visiting this months’-old editorial. The whole thing can be found HERE, but I offer some choice quotes:
We find ourselves sharing in the concern the Vermont American Civil Liberties Union has with new sex crime legislation.
On behalf of the Vermont ACLU, Allen Gilbert questions a proposal by the Vermont Senate Judiciary Committee, which has been working on legislation to rewrite criminal law dealing with sex crimes and sex offenders.
The proposal would change the law to require the collection of DNA samples from people arraigned on felony crimes, instead of just those convicted of felonies.
The editor goes on to explain that an arraignment is a very low bar to meet, charges may be dropped or reduced, and an arraignment contains nothing approaching proof of guilt. The question of what would happen to a person’s DNA if they did not end up getting convicted is a central concern of the editorial.
We see this week that a sex offender law is going to move quickly. It is unclear to me whether “DNA at arraignment” is contained in the legislation. I imagine the arguments on the other side are that a DNA sample may be necessary to get a conviction and that a DNA sample is not all that an invasive procedure anyways.
The provisions, according to WCAX
Lawmakers came up with a new sex offender bill that would:
expand the DNA database
call for new prevention programs in schools
ban deferred sentences for sex offenders
eliminate pretrial depositions of child victims
and give prosecutors the option of a 25-year mandatory minimum sentence for sex crimes on kids under 16 years old
From Fox44, HERE’S Senator Dick Sears, Judiciary Committee chair, outlining the bill’s prospects:
“Then the bill will move from my committee over to the Appropriations, hopefully a very short time there, then it goes over to the House, then I hope to have it on the governor’s desk by Town Meeting Day,” Sears said.The bill would allow prosecutors to file a new charge that carries a mandatory, 25-year minimum prison sentence. Sears calls it a responsible bill.
“I don’t see much of a problem in the senate and quite frankly I’ve had good response from most folks in the house I’ve spoken with,” Sears said.
So there you have it. Anyone know if this “DNA on arraignment” provision is included in the bill? Is there a good place online to find the specifics of a VT bill, like we have THOMAS at the federal level?
And then there is the issue of how much civil libertarians want to give on this issue. There appears to be strong bipartisan support for reform. But I long thought that fixing Corrections was step one. Much like when the gun control supporters want to enact restrictions after a tragedy, the mantra from the NRA is “enforce existing law.” It appears that in the Brooke Bennett case, that did not happen. Living in Randolph, I completely understand the desire to “do something” and I am glad this did not end up getting crammed through right before an election. Hopefully, the bill on the table right now is a thoughtful reform effort, but I do know even if it’s not, it will be tough to oppose.
I’d like to close with the ending of the Caledonian Record editorial, because I love it when the rhetoric of the anti-government libertarian Right sounds so, oh I dont know, progressive?
While our nation sleeps the sleep of apathy, indifference and blissful ignorance, citizens are having their rights stripped from them at an accelerating speed. Vermonters already accept the state requirement that, following an initial arraignment in court and a not guilty plea, defendants are required to go to the police station and provide fingerprints.
Parents voluntarily line up Saturday mornings to provide police with the fingerprints of their children. While, as the police claim, the fingerprints may help identify a missing child, those same fingerprints will be stored in a huge database maintained by Big Brother, on file for life.
One of the Bush presidency’s shameful legacies will be its disregard for the Constitution and its contempt for an individual’s right to a presumption of innocence.
Our rights are a scarce commodity and diminish every year. Vermonters must not allow our government to further erode our sacred freedoms.
Full disclosure: I used to deliver Caledonian Record as a kid growing up in St. J.