Tuesday, September 1, 2009

Miscarriage of Justice

Why, opponents of capital punishment sometimes ask, can we not be satisfied with putting criminals in prison for life? Why must we execute them? One reason, perhaps, can be found in the case of Phillip Garrido, the man arrested for the kidnapping, imprisonment, and rape of 11 year-old Jaycee Lee Dugard 18 years ago.

It turns out that on the day of the abduction, Phillip Garrido was on parole. He had been convicted of federal and Nevada state charges in connection with a Nov. 22, 1976, incident when he was 25 and kidnapped a woman, drove her to a warehouse in Reno and sexually assaulted her. Garrido was sentenced to 50 years in federal prison and five years to life in Nevada prisons. But, after stints in federal prisons in Leavenworth, Kan., and Lompoc, as well as a Nevada state prison, he was released on lifetime parole in 1988.

Having served less than twelve years of a minimum 50 year sentence, Mr. Garrido was released to inflict more horror on a girl and her family whose lives have been ruined by this man and by a system which seems indifferent to the people who must live with such monsters among them.

Whoever was responsible for this man's release, a judge or parole board or whoever, should be held liable for his crimes. If you or I, through an exercise of poor judgment, were to be responsible for harm befalling another person we would be liable and would probably lose all we have in lawsuits brought against us. Just so it should be possible to bring suit against those whose poor judgment results in crimes against others. The best way to stop early release of criminals from prison is to hold those who make those judgments financially accountable for their decisions.

RLC