Texas Paralegal Journal © Copyright 2006 by the Paralegal Division, State Bar of Texas.

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The TPJ wants to hear from you! The Publications Committee will poll members concerning their thoughts on some of the “hot topics” of the day. During each quarter, the Committee will draft a question, which will be distributed to membership, through the Directors. Each question will direct you as to where to send your response. We will print the responses in the following TPJ, reserving the right to edit for space considerations. While we prefer to print a name and city with each response, we understand that some of you may prefer that we not print your name. We will honor this request, so long as the response is not contrary to the objectives of the Paralegal Division or the Publications Committee. We hope that this column provides a way for PD members to express themselves, constructively, on issues that impact our profession, our communities, and our country.

Question of the Quarter:

House Bill 8/Senate Bill 5 – also known as “Jessica’s Law” (after Jessica Lunsford) – was signed into law by Governor Rick Perry on June 15, 2007, and will take effect on September 1. One section of the new law makes a second conviction of a felony sexual assault against a child a capital offense, making those convicted eligible for the death penalty or life in prison without parole. Among other concerns, some legal scholars have expressed an opinion on the constitutionality of such a penalty as disproportionate to the crime. (See http://www.baylor. edu/pr/bitn/news.php?action=story&story= 45126)

Do you believe this law violates 8th Amendment rights?

RESPONSE: To me, there is nothing more cruel and unusual than allowing multiple children to be the victim of felony sexual assault by a repeat perpetrator. I am in support of the new law making this a capital offense. I believe the children of Texas will be safer because of it.

—Jill Moericke, Denton

RESPONSE: ABSOLUTELY NOT! If a person receives a SECOND conviction of a felony sexual assault against a child, they obviously did not learn the first time and deserve no further chances from the State. Sadly, there are too many children being sexually assaulted and the grim reality is that these sexual predators deserve no second chances. I am sure there are a lot of readers of this journal that are survivors of sexual abuse and have been changed forever. The Constitution is to protect everyone, including children, and it the child’s rights being violated by the sexual predator, not the other way around. If a convicted felon has been released from his/her original sentence and violates again, this should make it pretty obvious that they are a continuing threat to the children of our society. I sincerely hope and pray these “legal scholars” stop looking through their rose-colored glasses and see these repeat offenders/predators for what they are. A second conviction SHOULD be a capital offense; nothing less.

—Audrey L. Moore, CP, The Woodlands

RESPONSE: I believe crimes against children, especially those of a sexual nature, to be particularly heinous. It is my belief that rehabilitation of sexual predators is extremely difficult. So with sufficient evidence and multiple convictions, “YES”, I would be in favor of life imprisonment or the death penalty for those committing crimes against children.

—Ava Watson, Denton

RESPONSE: I believe House Bill 8/Senate Bill 5 is a good law. The punishment fits the crime.

—Marla G. Mitchell, CLA, Unknown

RESPONSE: Since I am with the District Attorney’s Office and prosecute these kind of cases, my vote is that I do not, as a general rule, feel this violates a Defendant’s rights. We’re big on victim’s rights here and if the crime fits, the punishment should too.

—Kay Sparks, San Angelo

RESPONSE: No, I do not believe that the Jessica’s Law enacted recently in Texas is a violation of the 8th Amendment. When it comes to a minor child, any felony crime against that child should have the strictest punishment allowed by law. History proves more times than not, that the perpetrator will strike again if allowed to be set free. It is time that we punish those criminals that take away the innocence of our young children who are unable to defend themselves. I commend the lawmakers for making this law in Texas and fully agree with it. If that child that was violated and dies as the result of the act, would they say that the punishment was cruel and unusual punishment? I dare say that many of them if they were alive to give their opinion, they would agree with the punishment. If that child lives through an attack, then he/she is usually scarred in some way for the rest of their lives.

—Linda Valerius, College Station

RESPONSE: No.

—Diane M. Reed, Austin

RESPONSE: To Whom It May Concern: I do not believe Jessica’s Law falls in the category of cruel and unusual punishment. I fully support Jessica’s Law – Furthermore, I believe they should castrate first time offenders!

—Beverly Prewitt, Unknown

RESPONSE: Sexual predators can not be rehabilitated. If he’s done it once, he’ll do it again and again, until he’s caught. If one has been convicted of this crime, one knows quite well that it’s very wrong. The only way to stop the perpetrator is strict enforcement of strict laws, regardless of whether or not the predator is a family member or not. More than likely it is because many predators are family members—uncles, grandfathers, cousins, etc. This does not give anyone special rights. As a matter of fact, it should be the cause of more severe punishment as a family member is supposed to protect the innocent children, not harm them, particularly in such a cruel and devastating manner. I believe the death penalty will curb the number of repeat offenders in this state, and therefore, prevent many innocent children from being sexually molested. It is a clear message to child molesters that this behavior will not be tolerated in Texas!

—Francine Fleming, Unknown

RESPONSE: Only an ivory-tower scholar would consider the death penalty as being “disproportionate to the crime” of repeated child molestation. Texas applies the death penalty for multiple murder. When a child is molested, her body may recover and continue to live, but the spirit of that child has been murdered just as effectively as if the perpetrator had cut out her heart. I agree with AG Abbott that the child molester is unlikely to consider the ramifications of his act (his own death being the least of them, in my opinion), and it is absolutely essential that we stop these monsters from attacking our children.

—Sandy Sawyer, Austin

RESPONSE: I do not believe this law violates 8th Amendment rights? [sic]

—Ryan Wimble, Austin

RESPONSE: I believe that a second conviction of a felony sexual assault against a child should be a capital offense, making those convicted eligible for the death penalty or life in prison without parole.

—Susan Grim, Amarillo

RESPONSE: No, I do not believe this law violates the 8th Amendment rights…if the person has committed this act 2 times that is known; absolutely not! The person has set a pattern that will continue!

—Sheila Lazzara, Dallas

RESPONSE: Regarding Jessica’s Law – I think it sounds like a good law and is a punishment that fits the crime. People who mess with children are just plain evil and maybe that law would discourage more sex offenders. I sound harsh, but the impact of a sex offense against a child can be irreparable.

—Debbie Montgomery, CP, Dallas