Policy Reform – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 The Case of Hannah Graham and the Myth of Stranger Danger https://legacy.lawstreetmedia.com/blogs/crime/why-cant-we-better-track-sex-offenders-pasts/ https://legacy.lawstreetmedia.com/blogs/crime/why-cant-we-better-track-sex-offenders-pasts/#comments Fri, 17 Oct 2014 18:18:05 +0000 http://lawstreetmedia.wpengine.com/?p=26083

On September 13 2014, 18-year-old University of Virginia student Hannah Graham went missing.

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On September 13 2014, 18-year-old University of Virginia student Hannah Graham went missing, and recently authorities arrested and charged 32-year-old Jesse L. Matthew Jr. in relation to the incident. His current charge is described as abduction with intent to defile in the case of Graham. (Intent to defile meaning he intended to sexually assault the victim.) Matthew is currently being held without bond and is scheduled for a hearing in early December. Unfortunately, after two weeks of searching, Graham has still not been found, but authorities are doing all they can to locate her.

This case is a tragedy and my heart goes out to Graham’s family and friends. One of the hardest things to understand in this case is recently surfaced reports alleging that Matthew has a history of sexual assault accusations, none of which ended in conviction. According to The Washington Post,

The alleged assaults occurred within an 11-month span from 2002 to 2003 as Jesse L. “LJ” Matthew Jr. moved from Liberty University in Lynchburg to Christopher Newport University in Newport News. Police investigated each report, but neither resulted in a criminal case, according to the Lynchburg prosecutor and a review of online court records in Newport News.

If the allegations of these cases from over a decade ago are true, and with minimal knowledge of the reasoning surrounding the dropped charges, it is hard not to wonder why Matthew got away with such crimes not once, but twice before harming another innocent young girl? These alleged incidents occurred while Matthew was a student attending university, and although legislation and public discourse surrounding campus sexual assault has been under the miscroscope in recent months, I cannot help but wonder how we can act to prevent this loophole?

This case is reminiscent of another sexual assault case with similar characteristics.  In 1996 Amie Zyla, an 8-year-old girl, was sexually molested and victimized by family friend Joshua Wade who was 14 years old at the time. Wade was adjudicated for a misdemeanor in juvenile court. Nine years later, Wade was convicted and sentenced to 25 years in prison for a series of sexual molestation cases involving the abuse of young children. This case caused huge controversy, and was the driving force behind expansions in the definition of sexual assault.

These two cases indicate the importance of people’s histories and backgrounds. We all make mistakes, and sometimes it is wrong for our privacy to be intruded upon, but with something like sexual assault cases — regardless of whether there has been a conviction — something about this needs to be mentioned. It doesn’t take a lot of common sense to understand how hard it can be to convict a perpetrator of sexual assault. There is often a lack of witnesses on top of fear and upset from the victim; with a case dependent on DNA testing, the odds are very slim. Just because cases may not be tried in court — like Matthew’s two alleged college incidents — it does not mean that they didn’t happen and are not warning signs for things to come.

The media has spent its energy publicizing Matthew’s past. This runs a risk of setting off stricter registration laws for sexual offenders, which have proven to do more harm than good. By broadcasting the background of a perpetrator who was in society seemingly living normally until his arrest for the disappearance of a young girl, I question whether the media is supporting the need to find Graham and bring her home safely, or whether it is striking the ‘stranger danger’ rape myth back into society?

Hannah Kaye
Hannah Kaye is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes. Contact Hannah at staff@LawStreetMedia.com.

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Two More Disturbing Gun Cases Beg the Question When Will We Change? https://legacy.lawstreetmedia.com/blogs/crime/two-more-disturbing-gun-cases-beg-question-when-will-we-change/ https://legacy.lawstreetmedia.com/blogs/crime/two-more-disturbing-gun-cases-beg-question-when-will-we-change/#comments Mon, 22 Sep 2014 10:32:48 +0000 http://lawstreetmedia.wpengine.com/?p=25080

On Thursday, Don Spirit killed his six grandchildren, aged from three months to 10 years old, and his daughter before turning the gun on himself. Spirit, whose case has been described as a murder-suicide, was someone who had already been involved in the criminal justice system.

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To blog about such a controversial topic like the use and possession of guns in the United States is something I want to tread carefully with. Everyone is entitled to his or her opinion surrounding the debate, but this week I could not help but question the legality of guns when coming across two particular cases.

On Thursday, Don Spirit killed his six grandchildren, aged from three months to 10 years old, and his daughter before turning the gun on himself. Spirit, whose case has been described as a murder-suicide, was someone who had already been involved in the criminal justice system. According to Fox:

In 2001, Spirit pleaded guilty to a charge of possession of a firearm by a convicted felon, after he fatally shot his 8-year-old son in the head in a hunting accident. Spirit, who also was convicted in 1998 for felony possession of marijuana, was sentenced to three years in prison for the shooting.

 

The details of the investigation are still in the very early stages, so it is hard to understand the motive — if there was one — the facts surrounding Spirit’s mental health, and his relationship with the victims. Aside from knowing these facts, I cannot help but wonder how Spirit even managed to have a gun after being convicted of a shooting in 2001? Gun accessibility legislation for ex-convicts really needs to be reconsidered in light of this case.

What I feel a lot of people fail to recognize is that the most common method of suicide in the United States is through the use of guns. According to the Centers for Disease Control and Prevention (CDC), in 2011 there were 39,518 deaths by suicide. An overwhelming amount of these deaths (19,990) were the result of firearms.  If we are a country that aims to protect our citizens and the rights of others, surely we should look out for ourselves just as much? If we have such easy accessibility to the weapons of our choice that could end our lives, should we not reconsider the laws surrounding them? Do not get me wrong, I am more than aware that the black market for firearms is an ever-growing underground business, but if we cannot efficiently manage the legal selling and keeping of licensed handguns, we have no hope to stop the illegal sales and handlings.

My point needs to be extended to the safety of those living with others who have access to guns. On the same day as the tragic deaths resulting from Spirit’s heinous act, a fifth grade boy was arrested in Michigan after being found to have stolen his grandfather’s pistol. Not only was the boy found with the gun, but he had also created a list of names in the back of his homework book of people he allegedly planned to harm. As a result of this discovery, the boy has been suspended from school for ten days, and could face possible expulsion. Again, this could be my criminological thinking coming out, but I cannot help but wonder whether this punishment will actually solve the problem of what the boy intended to do? I certainly do not think he should be given jail time, or any formal sentence, but I do think that he needs to be aware of just how serious his actions were. Why? Because if he is not aware of it, what is to stop him doing it all over again, and just being more careful.

I fear that in a culture where are part of normality, when conflict arises in such intense situations, sometimes the only resolution seems to be in the form of violence via the use of weapons. I personally do not think this reflects on the attitudes and actions of those involved in this violence, I think it is the instinct that they have been taught their entire lives, to protect themselves in an extremely lethal way. In order to enact firmer laws that protect our safety, we have to start working on understanding the reason for such laws. As someone who is British, and not used to the debate on the use of guns, one of the main things I have come to realize is that it is a right for US citizens to own a gun, and by restricting this right through legislation, essentially the country contradicts all it stands for. As hard as it is to stand back from what an entire population believes in, more awareness needs to be raised toward the consequences of guns, not just for now, but for the future.

Hannah Kaye (@HannahSKaye) is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes.

Featured image courtesy of [Auraelius via Flickr]

Hannah Kaye
Hannah Kaye is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes. Contact Hannah at staff@LawStreetMedia.com.

The post Two More Disturbing Gun Cases Beg the Question When Will We Change? appeared first on Law Street.

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