KS- Jessica's Law not working the way many hoped

Jessica's law the way the public sees it is useless, eyes blinded by vengeance, there are many more factors to consider than VENGEANCE! Judges turn the law into a RATIONAL ONE with sentencing that is not likely to be overturned.

7-1-2008 Kansas:

WICHITA, Kansas, June 30, 2008 – Tuesday will mark the second anniversary of Jessica’s Law taking affect in Kansas.

The law mandates a minimum prison sentence of 25 years for first-time sex offenders when the victim is a child, a second offense means a mandatory 40 year prison sentence and a third results in life without parole. But it isn’t working the way everyone had intended.

Twenty-five-year-old Patrick Naputi was convicted of fondling nine boys while he worked at their Maize school. It was a crime that seemed tailor-made for Jessica’s Law signed by the governor two years ago allowing for 25 year sentenced on first-time sex offenses. Instead, Naputi was given just over 10 years.

"I'm not happy about it,” said Donna Roberts who pushed for Jessica’s Law.

Robert’s lobbied for Jessica’s Law because her daughter was a victim of a sex offender when she was a child. She and others are upset because the law allows judges to grant downward departures. In other words, the 25 year sentence is not mandatory. Instead, a judge can sentence the offender to less time for a variety of reasons including no prior criminal history.

In Naputi’s case his age, lack of criminal history and no physical injuries to the victims were factors in his reduced sentence.

"Why do we have these laws if we're not going to make them tough laws where there's no loopholes,” Roberts said.

"Jessica's law does have its problems it really and truly does,” said Sedgwick County District Judge Rebecca Pilshaw.

Judge Pilshaw and other legal officials understand the concern from victims, but say the law itself is flawed. Its iron-fist approach is clogging the court system with cases once handled in other ways – sometimes to protect victims.

"The over-arching affect of Jessica's law is more trials, more hearings, more preliminary hearings, more kids taking the stand,” said Deputy District Attorney Marc Bennett. “I'm sure proponents of the bill would say that's our job and we accept that. But there is a detriment to the kids when they have to go through these hearings."

Bennett admits the downward departures can be frustrating for prosecutors. As for giving judges leeway through sentencing, Pilshaw says it’s the right thing to do.

"It is very important that judges do not become robots that are guided by a statutory set of numbers that don't take into account the victim and don't take into account the defendant,” Pilshaw said.

Still, those pushing for more say battle lines have to be drawn with sex offenders. The issue now is how to put pressure on those offenders and not the legal system itself.

Sedgwick is not the only Kansas county struggling with Jessica’s Law. A Shawnee County judge is under fire by the D.A.’s office for departing from sentencing guidelines when he handed down shorter sentences in two child sex cases just last week. ..News Source.. by KSN.com