Sticks and Stones

Last Friday, May 14, John Albert Gardner III was officially sentenced to life in prison without the possibility of parole. John Gardner received consecutive life sentences for raping and murdering two young teenagers. John Gardner's sentencing should've taken less than fifteen minutes; instead, the sentencing lasted over an hour and a half and was broadcast on local television stations and over the internet by various websites. At the sentencing, the victims' families were allowed to make "victim impact statements" to the court. None of these statements were directed to the court; instead, every statement was directed towards the defendant. As I watched the sentencing unfold, I could only wonder what the Founding Fathers would think of this sensationalism.

In late February, a seventeen year-old runner disappeared in a park in Poway, California. A few days later, John Gardner was arrested after his DNA was discovered on clothing found at the scene of her disappearance. Her body was found in a shallow grave. (see: http://www.nbcsandiego.com/news/local-beat/A-Community-Mourns-86202377.html) A week later, the body of another teenager, Amber Dubois, who had disappeared over a year prior was found in northern San Diego county on the Pala Indian reservation. Last month, John Gardner pleaded guilty to raping and murdering both teenagers along with attacking a young woman in Dec 2009. He did this to avoid the death penalty. (see: http://www.nbcsandiego.com/news/local-beat/For-Ambers-Family-Closure-91114589.html). I give the back drop to this story to show John Gardner is a despicable human being. I agree with the father of Chelse King, Brent King, who said Gardner is "a coward who preys on young women half his size."

Victim impact statements were first introduced in 1976 in Fresno, California (Alexander and Lord, 1994). Now every state allows some form of victim impact statement either at pre-sentencing, sentencing, or at parole (National Center for Victims of Crimes, 1996). There are some states that do not allow victim impact statements in cases with the death penalty. The purpose behind a victim impact statement is to allow the victim or the victim's family to appear before the court and deliver a statement detailing the effect of the crime on the victim. It is a way to "humanize" the justice system so that the victim feels they have a voice in the system.

What transpired during the Gardner sentencing was far from a victim impact statement. Instead the victims' families unleashed anger and hurtful statements at Gardner. The parents of Chelsea King even unleashed anger at Gardner's mother. None of the victim impact statements were actual victim impact statements.

For one state, a victim impact statement should include a summary of the harm the victim has experienced due to the crime. The statement should also include the economic impact on the victim due to the crime. The statement can also include the victim's position on the sentence for the criminal. None of the rules state the victim should or can address the actual criminal. (Minnesota Center for Crime Victim Services, n.d.).

I could only wonder while watching the victim impact statements which included video memorials that what I was observing some how violated the Eighth Amendment to the Constitution. The Eighth Amendment states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." What does cruel and unusual punishment mean? While researching punishments during the 1700's, the biggest gripe by the people was that criminals were being punished in a manner that did not fit the crime. For example, thievery was punished by hanging which would mean that someone stealing 5 cents could be sentenced to hang. Because of excessive required punishments, some juries would find a criminal innocent vice facing the knowledge they helped to put someone to death for a small infraction. In 1689, a Bill of Rights was presented to the King of England which included the above phrase. George Mason relied upon the 1689 bill of rights when he drafted the Commonwealth of Virginia's Declaration of Rights. During the debate over the Constitution and its ratification, James Madison utilized Virginia's Declaration of Rights when he drafted the Bill of Rights.

So is verbal assualt of a criminal cruel and unusual punishment? For John Gardner, I'd like to assault him with a baseball bat. Like I said before, I agree with the father of one his victims that Gardner is a coward. But much like justice is blind, punishment should be metted out without emotion. This ensures the punishment is not cruel nor unusual. A just society will hold criminals accountable for their crimes but will do so with restraint. Once emotion is allowed into the sentencing phase, the punishment may exceed the crime. Our Founding Fathers knew the importance of just justice which is why the eighth amendment exists.

It amuses me that the website advocating the need for victim impact statements includes the following quote: "There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice." Montesquieu, 1742. What I witnessed on television on Friday was tyranny inflicted under the shield of law and in the name of justice. John Gardner was given three life sentences without the possibility of parole. The life sentences are to be served consecutively. One life sentence alone is enough to ensure he stays off the streets. Only a judgment based on emotion would make three life sentences back-to-back-to-back.

John Gardner's mother was there to see her son sentenced. Instead she was vilified by her son's victims' parents. She suffered cruel and unusual punishment. Where was her protection?

Sticks and stones may break my bones, words may never hurt me. But sometimes words do hurt. And please, don't throw sticks and stones.......


Mike

References:

http://www.nbcsandiego.com/news/local-beat/Timeline-for-Chelsea-King-and-Amber-Dubois-Cases-91064789.html

English Bill of Rights. (1689). Retrieved May 17, 2010 from http://www.constitution.org/eng/eng_bor.htm

The Charter of Freedom. (n.d.). Retrieved May 17, 2010 from http://www.archives.gov/exhibits/charters/bill_of_rights.html

Crime and Punishment websites. (n.d.). Retrieved May 17, 2010 from http://www.spartacus.schoolnet.co.uk/REVhistoryCrime.htm

The Bloody Code. (n.d.) Retrieved May 17, 2010 from http://www.scribd.com/doc/17724/The-Bloody-Code

Reggio, M. (1997). History of the Death Penalty. Retrieved May 17, 2010 from http://www.pbs.org/wgbh/pages/frontline/shows/execution/readings/history.html

Wilkens, J. (2010). At sentencing, families unleash rage at murderer. SD: Union-Tribune. Retrieved May 17, 2010 from http://www.signonsandiego.com/news/2010/may/14/victim-families-say-gardner-will-burn-hell/

Victim Impact Statements. (n.d.). Retrieved May 17, 2010 from http://www.letswrap.com/legal/impact.htm

Victim Impact Statements. (1999). Retrieved May 17, 2010 from http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32515

Alexander, E and Janice Lord. (1994). A victim's right to speak: Impact statments. A nation's responsibility to listen. Retrieved 17 May, 2010 from http://www.ojp.usdoj.gov/ovc/publications/infores/impact/welcome.html