Our Failing Justice system Is it time for a new Constitutional Amendment

James H. Lilley

When our forefathers toiled to draft the Constitution, of the still blossoming United States of America, I'm certain they didn't envision its outrageous misuse 200 plus years into the future. Men, such as George Washington, Alexander Hamilton, James Madison and Benjamin Franklin didn't intend the Constitution to be used as a protective shield by child sexual predators while they ply their trade.

Nor did they believe it would be the tool utilized to assist murderers and rapists to escape just punishment. Yet, each and every day, our children are being stalked via the Internet, and physically on playgrounds, in schoolyards, swimming pools, and amusement parks, while criminals, set free by a failing system, commit rape and murder.

In California, David Parrish, a sexual predator, spent time at an amusement park photographing young girls in bathing suits without their knowledge. He would then place the images of the girls on his personal computer. The California Attorney General wants to make actions such as this equivalent to molestation, although no actual touching might take place.

John McLean, the deputy attorney general who will argue the case before the California Supreme Court, said Parrish's actions were illegal because an objective third party would conclude that Parrish took the pictures for his illicit sexual gratification. In Sacramento, Assistant District Attorney Mike Savage agreed. He said he believes that 11 and 12 year old girls should be able to walk around in a public place, without having a sex offender taking their pictures for his own evil purposes.

Also in California, John McClellan, a self admitted pedophile, has a BLOG site he professes to use for the purpose of putting a positive face on pedophilia. Outraged parents have taken to following him everywhere, and a judge has ordered him to stay at least 30 feet away from every person under the age of 18 years.

McClellan, who openly admits that he's attracted to young girls, but denies that he's ever molested a child, says the judge's order is an unconstitutional restriction of his rights. When did it become a Constitutionally protected right for anyone to actively stalk our children for sexual pleasure? Where, in the Constitution, does it say that anyone has a protected right to rape, torture, mutilate, and murder our children?

In Florida, John Evander Couey abducted nine-year-old Jessica Lunsford from her bed, after unlawfully entering the home of her grandparents. After raping Jessica, he wrapped her in a garbage bag and buried her, but it's possible that she was held captive for two days before she was killed and disposed of. Her body was discovered a month later, after information provided by Couey led investigators to her grave. Couey, a registered sex offender, had 25 prior arrests to his credit, including charges of exposing himself to, and attempting to molest a five-year-old girl. He probably would have succeeded in that instance if the mother of the girl hadn't caught him.

He fled when she yelled to her daughter. He was sentenced to five years in prison for the offense, but was released on parole after serving only two years. With 25 previous arrests, Couey should have been locked safely away behind bars, but our ever-lenient justice system saw fit to set him free, and allow him to prey on another innocent victim-this time with fatal results.

His confession regarding the murder of Jessica was thrown out, because he'd asked for a lawyer the day before he actually told authorities what he'd done. Thank God he was still convicted of his crimes and now faces a death sentence. But, a parasite like Couey should be strung up by his testicles and left to rot as payment for his barbaric acts.

Residents of Newark, New Jersey, although not unaccustomed to violent crime, were shocked and angered by the execution style slayings of three college students. One of the suspects, Jose Carranza, is an illegal immigrant with several prior arrests for crimes of violence. One of those savage crimes was the rape of a five-year-old. Yet, he was released on bond and, in two recent incidents, his bond was reduced to allow him to make bail. How can an illegal immigrant have his bond reduced and be set free? It's just one more failure of our entire judicial process.

While in this country illegally, Carranza and his friends forced Terrance Aeriel, his sister Natasha, Iofeme Hightower and Dashon Harvey to stand against the wall of an elementary school and cold-bloodedly shot them. Only Natasha survived her wounds. Carranza turned himself in, not to police but to Mayor Cory Booker. According to news reports following his arrest, this thug doesn't think our laws apply to him.

Think about this. Jose Carranza would be one of those included in the amnesty bill our politicians are so set on passing. The politicians should be deported with the illegal aliens. After all, both are screwing the taxpayers out of their hard-earned money. And, let's not forget that an amnesty bill would give blanket coverage to all criminals illegally in this country, along with gang members, such as MS 13. I think that's more than enough proof to show that if you took these politicians and glued their heads to their asses, you'd have identical twins running for, and currently holding office.

Recent events in Cheshire, Connecticut raises further questions about our justice system. Joshua Komisarjevsky and Steven Hayes followed Jennifer Hawke-Petit and her daughter home from a local store in Cheshire. Soon they formulated a plan to quench their thirst of lust and greed, and returned to the home in the middle of the night. After breaking in, they attacked and beat Doctor William Petit, leaving him unconscious in the basement of the home.

Then they tied 17 year old Hayley and 11 year old Michaela to their beds, and repeatedly raped the girls. Sometime in the morning hours they forced Jennifer Petit to go to the bank and withdraw $15,000, which she hoped would spare her family from further harm. Bank employees called police when she told them why she needed the money.

Yet, not even the money would end the nightmare for the Petit family. Jennifer was raped and gasoline poured over her, which one of the suspects had stopped and purchased on the way home from the bank. They set fire to her, but she may have already been dead. Hayley and Michaela were not. Komisarjevsky and Hayes poured gasoline over them and around their beds, and then set fire to them. They were arrested as they fled the home in one of the vehicles owned by the Petit family. Police found William Petit alive, but the home intruders had killed his wife and daughters.

Komisarjevsky and Hayes had been paroled from prison and were employed, which was one of the conditions of their parole. But, when you look at their criminal histories, each with at least 20 prior arrests, you can only question the sanity of releasing men like this back into society. Of course, there will be the cry of, "they had never committed a violent act," but they certainly made up for past "good deeds" when they viscously attacked the Petits. And, the brutal acts of murder were indeed premeditated.

The gasoline was purchased for one reason and one reason only-to kill Jennifer, Hayley and Michaela, and destroy the evidence of their crime. That one savage act proved, beyond any reasonable doubt, that Hayes and Komisarjevsky are a subhuman species and should be exterminated.

But, surely the bleeding hearts will come out in force to defend Komisarjevsky and Hayes, and try their best to convince the world that they are really the victims in this case. The judge and jury will likely hear how, as children, they led troubled lives, or were mistreated and abused. Though these tales of woe wear like a broken record, too many judges and juries are duped into believing them.

Then, eager to show mercy, they hand down a lenient sentence, and the defendants walk away laughing, because they've screwed the system once again. One reporter asked, "Would Jennifer Hawke-Petit and her daughters still be alive if Hayes and Komisarjevsky had not been paroled?" That question has to rank right up there as one of the dumbest ever asked. Of course, Jennifer, Hayley and Michaela would still be alive, because their killers would've still been where they belonged-behind bars.

Our system is broken and in dire need of repair. From courts handing out the lesser punishments time and time again, to the parole agents sending hardened criminals back into society to kill and rape. Even when these heartless felons commit violent crimes over and over, they are still turned back on to our streets, because some bleeding heart feels they've been rehabilitated. When will they learn? You can't rehabilitate anyone who has devoted their entire life to crime and crimes of violence.

The excuse that a person turns to a life of crime, because of a poor environment when they were growing up, or were abused and/or abandoned as children and never had a chance, is bullshit. I know men. black and white, who could have used just such an excuse to turn to a life of crime, but instead they made something of themselves through hard work and determination. They had self-respect, respect for others, and stood up and took responsibility for their own actions and their futures. And, crime wasn't a part of their life's ambition.

Maybe it's time to consider adding another Amendment to our Constitution-one that's long overdue. There are cries raging from coast to coast, asking how to deal with our ever-increasing crime problem. My suggestion is simple. Amend the Constitution, keeping in mind that it applies equally to those born and raised in America, as well as those who are pursing their lives of crime in this country illegally.

Those accused and convicted of violent crimes, murder, rape, and child abuse and molestation, henceforth and forever forfeit all Constitutional rights. The forfeiture of rights and freedom are, and shall remain permanent, as the person arrested and convicted of a crime of violence clearly demonstrates a willingness to prey upon their fellow man as a means to satisfy their own selfish greed or lust.

Those who are deemed career criminals, shall henceforth and forever forfeit all Constitutional Rights. A career criminal is anyone accused and convicted of three or more lesser crimes, the commission of which clearly demonstrates their choice as career criminals. The label of career criminal can be removed, and Constitutional Rights restored after the accused has spent a minimum of 10 consecutive years free of criminal arrest.

Any attempt to introduce such an amendment would bring a scream from the ACLU and the bleeding hearts that would be heard across the universe. But, let's face reality. An amendment such as this would open doors for law enforcement agencies across the country to sweep our streets clean of vermin. And, like it or not, in the years to come it might well be the only way to rid our streets of crime.