"And what does the LORD require of you But to do justice, to love kindness, and to walk humbly with your God"
-- Micah 6:8

"The duty of the prosecutor is to seek justice, not merely to convict."
-- American Bar Association Standard 3-1.2(c)

"There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
--Pope Benedict XVI, June 2004

Thursday, June 26, 2008

Why Folks Find it Easy to Hate Lawyers

In light of yesterday's child-rapist-friendly decision from the SCOTUS, this story is unusually timely: Massachucetts is considering a bill to enhance penalties for child molestation. In the course of debating the bill a legislator, James Fagan, a defense attorney by trade
infuriated victims’ rights advocates during a recent House debate when he said he would “rip apart” 6-year-old victims on the witness stand and “make sure the rest of their life is ruined.” In a fiery soliloquy on the House floor, Fagan said he’d grill victims so that, “when they’re 8 years old they throw up; when they’re 12 years old, they won’t sleep; when they’re 19 years old, they’ll have nightmares and they’ll never have a relationship with anybody.”


Art Deco said...

Appalling, to be sure. A fellow who identifies himself as a defense attorney offered in the comment box a chartiable interpretation of Fagan, Esq.'s remarks as meaning that a mandatory minimum of 20 years (as the proposed legislation requires) would have as a consequence jury trials for all accused and rough treatment of accusers by defense counsel.

One might say that we need elaborate fact finding procedures (including cross-examination by defense counsel) because the accusations of police, prosecutors, and private citizens are not properly regarded as dispositive, there being falsely accused people in this world. Not everyone, however, is in agreement with this notion. Mr. Fagan's principal adversary makes the following remark:

“Why doesn’t he figure out a way to defend that child and put these kind of people away instead of trying to figure ways for defense attorneys to get around Jessica’s Law?” Mark Lunsford fumed, slamming recent remarks by Rep. James Fagan. “These are very serious crimes that nobody wants to take serious. What about the rights of the children"

I think the Massachusetts legislature might do the public a favor by thanking Mr. Lunsford for his input and then going on to the next order of business.

If it be your view that judges, with their bourgeois affection for therapeutic 'alternatives to incarceration', cannot be trusted with discretion over sentancing ( reasonable view), might there not be a remedy short of requiring a sentance of two decades in prison?

Lorra said...

Hi ,

I'm agree with your thoughts that " These are very serious crimes that nobody wants to take serious. What about the rights of the children" .
Hope everybody think from these point of view.
Thanks .
With best wishes ,

Lorra .