With each year’s passage, we get the annual listings of all the great new laws that go into effect at the stroke of midnight. Here in NH, the one that stands out the most is the new tough child molester law that allows judges to sentence first time offenders to a minimum of 25 years, with the potential for an indefinite time beyond. I am all for this law, but of course, as always, the devil is in the details. The New Hampshire Sunday News reports
The new sexual Predators Act will pressure judges to impose a 25-year minimum sentence on people who sexually assault children under 13, but the sentence will not be mandatory.
Ah-ha! Got that? It "will not be mandatory." Now, given what we all know about liberal-leaning judges that seem to turn up everywhere, what do you suppose the chances of this law actually being put to use really are? The NH Sunday News piece explains:
When judges choose a shorter sentence, they will have to explain, taking into account such factors as the age of the victim, the use of force and the relationship between victim and assailant.
I predict that there will ALWAYS be some "good" reason to NOT invoke the 25 year penalty in the eyes of whatever judge happens to be presiding. This law has been passed to help lawmakers feel good, (and to get Bill O’Reilly off of their backs) but at the end of the day, will be of little consequence. There is ALWAYS someone ready to defend the perp, and accuse the victim. And, in a state where judges get lifetime appointments, they will simply be able, as we have seen in other nationally publicized cases, to scoff at those who don’t like it.
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The good news is that predators who don’t get put away the first time, and repeat their crime, as they are all pretty much guaranteed to do, will automatically get the book thrown at them for the second offense.
Second offenders who rape young victims or hurt them badly will face life life without parole. Predators who murder children will get 35 years to life.
That is the good element of the new law. Of course, if I were making these laws, I can promise a death-penalty component would be included…