Kentucky State Seal Office of the Fayette Commonwealth's Attorney

Vote Archive


Issue:  Should Governors Commute Death Sentences After Juries Say It Is The Appropriate Punishment?

Web-Voters Overwhelmingly Denounce Governor's Ability To Commute Death Sentences After Jury Verdict

Web-voters have spoken loud and clear. 72% say "NO" to a governor’s ability to commute death sentences after juries have considered all of the evidence and determined that "death" is an appropriate punishment.

In America, we ask jurors to interrupt their everyday lives and bring their common sense to the Courtroom to determine the guilt or innocence of a defendant charged with a crime. If they determine a defendant is guilty of a crime, then we ask them to recommend the appropriate punishment. This is called the penalty phase of a trial. During this part, the prosecution and the defense present evidence about a defendant’s criminal record as well as evidence designed to mitigate the punishment.

If a jury, after listening to all of the evidence for and against the defendant, determines that the appropriate punishment is a sentence of death, web-voters, by an overwhelming majority, object to any governor commuting that death sentence.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  What concerns you most about the safety of your child's school?

Parents Most Concerned About Disruptive Students In Their Schools And Lack Of Discipline By School Administrators

Who lives in America's Red-Zone?  I suspect they are cultural conservatives.  People who possess "common sense values" and have a deep-seated and fundamental belief in right and wrong. They live all over America. Living in the "Red-Zone" is not a geographic classification, it is an attitude. 

When asked, "What concerns you most about the safety of your children's school?," 495 web-viewers responded.  Their votes are as follows:

School Safety

A number of web-voters commented on their concerns about bullying which goes on in Fayette County's schools.  One web-voter made a very sensible suggestion.  He said, 

"Bullying is one of many issues in the Fayette County Public Schools.  I see it every day.  If juvenile records weren't confidential, you would really know what was going on in the schools in Lexington."

GREAT IDEA!  It's about time that we eliminate the confidentiality of juvenile courts.  Some of our most violent crimes are committed by juveniles.  The public has a right to know who is dangerous in our community.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Is residential burglary a violent crime?

76% Of Web-Voters Agree That Residential Burglary Is A Violent Crime

76% of web-voters believe that residential burglary is indeed a violent crime and any attempts to call it otherwise are made by individuals who have not been the victim of a residential burglary.

We couldn’t say it better than Fran Andersen did in her response to the question. Here are Fran’s feelings about residential burglary:

"Re: Burglary is "just a property crime"
Having just finished prosecution of a burglary ring driven by meth covering 9 counties, 6 defendants and 61 victims, residential burglary victims, I can most assuredly state that the victims take issue with a "just a property crime" label. One older gentleman no longer lives in his home because he afraid of being burglarized again. A couple who were burglarized when they left home overnight for the first time in 20 years to visit their son, will not leave home again. A recent widow cries because her deceased husband's personal property was taken in a burglary; in describing the property to the police and idenifying the property she re-lives his death over again. A rural couple is afraid to leave home for dinner as they were burglarized when they were eating dinner in their hometown and gone 1 and 1/2 hours from home. A man grieves as he testifies that the few pieces of good jewelry he was able to buy his wife after years of working at a meat-packing plant were taken. Several victims were canceled from their insurance policies due to the burglary at their home. Victims break down in tears as they describe family heirlooms stolen and lost forever.
The main burglary planner brags about committing over 500 burglaries. He refers to his girlfriend and himself as "Bonnie and Clyde". A "scouting" notebook shows places and notations of items to watch for, reveals 19 counties where potential burglary sites were scoped out and plans made to execute a burglary there.
These "property" crimes traumatized many of their victims."

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Should Gov. Paul Patton release inmates early from Kentucky prisons?

76% Of Web-Voters Disagree With Governor Patton's Early Release Of Convicted Criminals

76% of 248 voters turned thumbs down to Governor Patton’s early release of convicted criminals from Kentucky’s prisons. Obviously Kentuckians believe that the fundamental purpose of government is to do all that it can to guarantee the safety of the public. Giving an early pass out of prison to criminals who were arrested by police, prosecuted by prosecutors, convicted by juries, and sentenced to prison by judges flies in the face of the criminal justice system. Web-voters obviously believe that Kentuckians ought to be able to expect convicted criminals to serve their sentences.

Voice From The
Red-Zone

Issue:  Should 17-year-old John Malvo face the death penalty?

81% Of Web-Voters Believe That 17-year-old Sniper John Lee Malvo Should Be Eligible For The Death Penalty

81% of web-voters believe that 17-year-old sniper John Lee Malvo should be eligible for the death penalty. These results contradict what death penalty opponents have reported, that a majority of Americans do not feel that the death penalty should apply to killers under the age of 18. Clearly, web-voters disagree. Voters obviously believe that anyone who could, under cover of darkness, shoot innocent people, without warning, deserves the most significant punishment - the death penalty, whether they are 17 or 18.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Did the media coverage of the "sniper" encourage the sniper's conduct?

74% Of Web-Voters Say Media Coverage Encouraged The D. C. Snipers

Web-voters were asked if the media coverage of the D.C. snipers encouraged their conduct. By a large majority, the public said, "Yes!" News coverage is one thing, but a constant barrage 24-hours a day is more than the public wants or needs. Law enforcement has long been concerned that massive media coverage of violent behavior encourages copy-cat crime. In the case of the snipers, the public believes that the media coverage was too much.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Should drugs be legalized?

Vast Majority Of Web-Voters Oppose Legalizing Drugs

Fortunately, the vast majority of web-voters understand that legalization of drugs is not an alternative, but rather a surrender that will further reduce our quality of life. Almost all Americans agree that the legalization of drugs would complicate an already devastating situation. Health and social costs associated with the increased availability of drugs would stress our economy.  Crime would not decrease. The moral fiber of our country would be torn apart. The devastating effects of drugs are real and lasting. It is not the drug laws or the enforcement of the drug laws that cause the harm, it is the drugs themselves.

We are grateful that most Americans still have some common sense and oppose the legalization of drugs.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Should insurance companies be allowed to cancel the homeowner's policy of a victim of multiple burglaries?

Web-Voters Say, "Don't Cancel Homeowner's Insurance Policies Because Homes Burglarized"

90% of web-voters say no to homeowner's insurance cancellation as a result of burglaries. Web-voters don’t like the idea of insurance companies canceling the homeowner's insurance policies of innocent victims of burglaries. It’s not the fault of victims, so why should they have to suffer the consequences? Good question! Maybe insurance companies ought to provide all of us an answer.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Should dead-beat parents go to jail for ignoring Court Orders to pay child support?

91% Of Web-Voters Want Deadbeat Parents Incarcerated For Failing To Comply With The Court-Order To Pay Child Support

Too many children are living in poverty because an absent parent refuses to support a child for whom they are responsible.  If there is one area that the public almost uniformly supports is the requirement that people who have children be responsible for supporting them and giving them a chance in this life.  Those who chose not to work and support the children they created, in the minds of web-voters, should go to jail.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Should parolees be returned to prison for violating the conditions of their parole?

86% Of Web-Voters Want Parolees Returned To Prison For Violating The Conditions Of Their Parole

Convicted law-breakers who refuse to comply with the rules established by the Parole Board upon their early release from prison simply show a continuing refusal or inability to conform their behavior to laws or other rules. The first obligation of government is to do all that it can to guarantee the safety of the public. Those convicted felons who have already been given a break by parole should be re-incarcerated. That’s the feeling of the vast majority of web-voters.

Voice From The
Red-Zone

Issue:  Should photos of Lexington’s convicted felons be published in the newspaper?

87% Of Web-Voters Want To See Photos Of Convicted Felons Publicized

When asked whether the photos of convicted felons should be published, 87% of web-voters said, "Yes." The fundamental purpose of government is to do all that it can to guarantee the safety of the public. That being the case, it makes great sense that the public ought to know who amongst them is dangerous and has been convicted of serious crimes.

Some day, perhaps the internet will provide the opportunity for the public to see the photographs of those in our community who commit serious crimes.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Do you believe that burglary is a violent crime?

Vast Majority Of Web-Voters Believe Burglary Is A Violent Crime

One web-voter was right on track when he said:

"Not every burglary is going to involve violence or injury during its commission. In fact, most burglaries are of empty homes and businesses. There is one crime that I have little patience for, that is the criminal who violates the sanctity of the home to commit a crime."

The impact of burglaries on victims is frequently devastating. They fear for their safety and security in their own homes. True, most burglaries do not involve physical violence, but the emotional injury caused to burglary victims frequently has a greater impact. It’s time to treat burglaries more seriously given the nature of the damage they do to victims.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  How many burglaries have been committed in Fayette County in the last 20 years - 10,000, 20,000, 40,000 or 60,000?

36% Of Web-Voters Unaware Of The Number Of Burglaries In Lexington Over The Last 20 Years

Over the past 20 years there have been over 60,000 burglaries reported to police in Fayette County. In the past 6 years alone, those burglaries have resulted in over $32 million dollars in stolen property. Nationally, burglars have been shown to be some of America’s most prolific criminals.

Because such a large number of burglaries are committed by such a small number of burglars, it makes great sense to incarcerate these repeat offenders for as long as possible. The public deserves to be protected from them.

Voice From The
Red-Zone

Issue:  Is it time to make convicted criminals serve their entire sentence?

84% Of Web-Voters Want To Abolish Parole And Require Convicted Criminals To Serve Their Entire Sentences

There is increasing support for the abolition of parole and the requirement that convicted criminals serve the entire sentence they receive after being convicted of a crime. The public continues to be frustrated that sentences received by criminals are not accurate. They only serve a small percentage of those sentences.

Swiftness and certainty of punishment is what the public wants. They understand that abolishing parole would require the shortening of some sentences, however, they do want criminals to serve all of the sentence they receive.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Should taxpayers pay for elective surgery for prisoners?

Web-Voters Say NO! To Taxpayer-Financed Elective Surgery For Prisoners
97% say No Way!

A former prison employee put the entire issue in perspective:

"When a budget is done for state corrections, the cost of medical care for inmates far exceeds any other category. "

According to that former employee, here are just a few examples of our mixed-up prison priorities:

"If a male inmate is on female hormones, the state of Kentucky must continue that medication until the inmate is released or requests to be taken off of it.;

If an inmate is of a specific religious denomination, and requests to be sent to a hospital of his affiliation, the state usually complies to avoid a future law suit;

In 1999, an inmate with a sentence of over 100 years was taken to a private hospital for a heart bypass. The cost to the state, over $150,000"

Don’t fool yourself. This goes on more than the general public realizes."

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Should crime victims have the right to speak at a defendant's sentencing?

90% Of Web-Voters Believe Crime Victims Should Have The "Right" To Speak At Sentencing
Under present Kentucky law, victims of crime do not have a "right" to speak at the sentencing of the criminal who victimized them.  90% of web-voters believe that they should have that right.

Kentucky is one of several states in which crime victims do not have "the right" to speak at the sentencing of the defendants who victimized them.  Thirty-two states have enacted Constitutional Amendments in order to guarantee rights to victims.  Although some judges allow victims to speak at sentencing, it is not a guaranteed right.  It should be, and web-voters agree.
Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Do you believe the present juvenile justice system is effective?

90% Of Web-Voters Believe Present Juvenile Justice System Not Working

An overwhelming 90% of web-voters do not believe that our present juvenile justice system is effective. Juvenile Court in America was created over a hundred years ago. Its purpose was to bring to bear all social services to rehabilitate young people who had typically committed minor law violations. Juvenile courts were designed to be non-adversarial and confidential as they attempted to make decisions "in the best interest of the child."

Since then many things have changed. Young people are committing far more serious crimes. Appellate courts have ruled that juveniles are entitled to the same constitutional protections as adults. However, the confidentiality of juvenile courts remains in place.

The public seems to want to know who the dangerous and repeat juvenile offenders are, as well as to be assured that they are suffering consequences for the crimes they commit.

Click here to view the web discussion.

Voice From The
Red-Zone

Issue:  Should the "no contact" requirement of Domestic Violence Orders apply to both parties?

Web-Voters Overwhelmingly (87%) Believe The "No Contact" Requirement Of Domestic Violence Orders Should Apply To Both Parties
The question generated a great deal of spirited debate on LexingtonProsecutor.
com.

Proposed law to require "No Contact" provision to apply to both parties of Domestic Violence Orders dies during current Legislature.

The question generated a great deal of spirited debate on lexingtonprosecutor.
com.

Even in the midst of a spirited discussion, one voter said:

"WOW- Although I choose to respectfully disagree with some opinions posted here, I am delighted to see the discussion this topic has generated."

"I’m happy that this (website) allows us to have dialogue to present differing sides of an issue.  I do appreciate the efforts of Ray Larson and his website as well."

Click here to view the entire web discussion.

Editor’s comment: Obviously people can disagree on an issue, without being disagreeable.

Voice From The
Red-Zone

Issue:  Do prisoners have too many privileges?

Most Web-Voters Believe Prisoners Have Too Many Privileges, However, They Still Want Them Rehabilitated

Web-Voters say prisoners have too many privileges. 78% of Web-Voters believe that prison inmates have it too easy. However, most voters want convicted criminals to be rehabilitated, and several voters made good points. Here are a few:

". . . good prisoners who demonstrate rehabilitation are rewarded (and) makes for a safe environment and better citizens when they are released. . . ."

"Considering inmates are not required to work, and idle hands are the devil’s workshop, I see no harm in weight lifting, handball, baseball, or any other sports activities (so long as the sports are played inside the walls). TV is therapeutic without the premier channels."

"Academic pursuits should be encouraged in prison, and medical care is imperative. Inmates should be required to do some type of work. The rest of us must go to work everyday, while prisoners are simply placed with a myriad of choices; gym, TV, other games, even phone calls. The phone calls in particular bother me..."

Speaking of phone service for prisoners, this could only happen in California:

For security reasons, prison inmates in California's prison system are allowed to make only collect telephone calls.  Two telephone companies have contracts with the state to provide telephone service.  They pay the state a commission on collect calls made out of the prison.

A state Senator, Richard Polanco of Los Angeles, is outraged at the "exorbitant phone rates" families must pay when prison inmates call  home.  Unlike Californians not behind bars, prison inmates have no collect call options, including the use of lower rate calling cards, and Sen. Polanco apparently doesn't like that and intends to do something about it.

Editor's comment:  Whatever happened to lawbreakers losing some privileges?

Voice From The
Red-Zone

Issue:  Do you think juvenile courts should be open to the public?

84% Of Web-Voters Think Juvenile Courts Should Be Open To The Public

Juvenile courts were designed to be a non-adversarial environment where social service experts would determine what the best disposition of a case involving a juvenile should be.

Under that plan, there would be no need for adversarial proceedings in juvenile courts. The role of lawyers would be minimal at most.

NOT NOW! Almost all of that has changed. Today’s juvenile courts resemble adult courts in all but one respect. JUVENILE COURT IS STILL SECRET.

Today, juveniles commit some of the most serious and vicious crime imaginable, yet the public is still unable to learn the identity of these dangerous, yet young, criminals. Web-Voters, by a large margin, want that changed.

The public does have a right to know who is dangerous, and protect themselves from these young criminals.

Voice From The
Red-Zone

Issue:  Do you think criminals are treated better than crime victims by the criminal justice system?

Web-Voters Say:  "Heck - Yes, Criminals Are Treated Better Than Crime Victims"

Web-Voters by a large margin, believe that criminals are treated better than their victims by the criminal justice system. It’s no wonder that some of the general public is losing confidence in the court system, and that military tribunals are not a bad idea of dealing with terrorists as opposed to our court system.

For example, the first terrorist bombing of New York’s World Trade Center occurred in 1993. It took our court system EIGHT YEARS to get the case to trial.  EIGHT YEARS!!!  Eight years that the victims and survivors of the victims had to wait for some closure.

Web-Voters seem to sense that crime victims are left to try to put the pieces of their lives back together, while the criminals are frequently back on the streets in no time. Many are probated and never suffer any consequences for their crimes.

Voice From The
Red-Zone

Issue:  Do you consider armed robbery and attempted murder violent offenses?

Web-Voters Overwhelmingly Believe That Attempted Murder And Armed Robbery Are "Violent" Crimes

97% of Web-Voters said they believe that attempted murder and armed robbery qualify as "violent crimes."

Why is that important? Because under Kentucky law, criminals convicted of "violent crimes" must serve 85% of their sentence. Attempted murder and armed robbery are not now classified as "violent crimes." Now, under Kentucky law, a person convicted of attempted murder or armed robbery is eligible for parole after serving only 20% of his sentence.

It is time for the Legislature to change that. Kentucky’s Commonwealth’s Attorneys are supporting legislation to expand the definition of "violent crimes."

The Paducah Sun recognized this shortcoming in our criminal law last year, and urged the Legislature to expand the definition of "violent crime," in the following editorial.

Editorial

LOOPHOLE

Sentencing rules need tightening
The outcome of the Kevin Jacobs murder trial in McCracken County may have indirectly exposed a major loophole in the commonwealth’s criminal sentencing laws.

Jacobs, a Lone Oak teen-ager, was shot to death and robbed in November 1996. On Saturday a McCracken County jury found Michael Carper guilty of murder in the case. Co-defendant Chad McGregor was convicted of second-degree manslaughter and first-degree robbery. Earlier, Josh Carper, Michael Carper’s brother, pleaded guilty to conspiracy to commit robbery.

Under a plea agreement, Michael Carper opted not to appeal the case and accepted a sentence of life without the possibility of parole for 25 years. McGregor and Josh Carper will gain freedom much sooner; both will be eligible for parole immediately because of jail time served since the murder of Jacobs.

It’s disturbing that anyone connected with an incident this brutal may be able to walk out of jail after serving less than 3 ½ years. The details that emerged during the trial were chilling: The 19-year-old Jacobs was shot three times in the head, at near point-blank range, off Metropolis Ferry Landing Road, loaded into the trunk of his car while still alive and driven to Pool Road, where he was found. One of the defendants in the case testified that as Jacobs lay dying, a gold chain was ripped from his body and his pockets ransacked.

A couple of factors account for the early parole eligibility of Josh Carper and McGregor. Carper cooperated with prosecutors in exchange for a lesser charge. And the jury decided McGregor’s involvement in the case did not meet the commonwealth’s definition of a violent crime. Violent offenses are murder, manslaughter, first-degree rape, sodomy and other felonies that result in death or serious injury.

Criminals convicted of crimes that are not classified as violent are eligible for parole after serving only 20 percent of their sentences. The jury recommended concurrent sentences of 10 years on the robbery charge and

seven years on the second-degree manslaughter charge against McGregor. Since McGregor has been in jail since February 1997, he will be eligible for parole immediately if McCracken Circuit Judge Craig Clymer accepts the jury’s recommendation.

The public may have a hard time squaring these facts with the tough 1998 crime bill approved by the General Assembly. Under the new law, criminals convicted of violent crimes are not eligible for parole until they serve 85 percent of their sentences.

Carper and McGregor will be sentenced under the old law for their crimes, which were committed in 1996. But Commonwealth Attorney Tim Kaltenbach notes that the new sentencing law doesn’t affect offenses that aren’t classified as violent.

The 20 percent rule is still in effect for a variety of serious crimes including armed robbery and attempted murder.

It’s difficult to believe that lawmakers who crafted that "get-tough" 1998 crime bill left armed robbery and attempted murder off the list of violent crimes.

Ray Larson, the commonwealth attorney for Fayette County, made an interesting point about the omission in an article on his Web site. "Just ask (those) who have been robbed at gunpoint, or shot, or stabbed or beaten with a hammer, if they consider themselves to have been a victim of a ‘violent’ crime or not!" Larson wrote.

Larson says the legislature still is failing to make the protection of the public the first priority of state government. A guess is that the victims of armed robbery and attempted murder in this state would agree with that assessment.

The General Assembly needs to revisit the 1998 crime bill, and eliminate those loopholes that allow criminals convicted of major crimes to walk out of prison after serving a fifth of their sentences.

Voice From The
Red-Zone

Issue:  Should voters have a right to know the positions of judicial candidates on controversial issues?

94% of Web-Voters Think Voters Should Have A Right To Know the Positions of Judicial Candidates On Controversial Issues  

94% of Web-Voters think voters should have a right to know the position of judicial candidates on controversial issues.  Web-Voter J.G. says, "I need to know something about judicial candidates.  I should not be asked to buy 'a pig in the poke.'" 

J. G. reflects the attitude of most of the voters on the question of whether the public should have the right to know the position of judicial candidates on controversial issues.  Their concern appears to be that, under the present system, they have no idea about the individuals who want to serve as judges.

Overwhelmingly, they want to know.

Related News Story:  U. S. Supreme Court To Decide Whether States Can Ban Judicial Candidates From Speaking Out On Controversial Issues

Does a candidate for judge surrender his/her right
to free speech by running for judicial office?

Do voters have a right to know something
more about candidates for judge?

The United States Supreme Court agreed to decide whether states can stop candidates for judicial office from speaking out on controversial issues. The case from Minnesota represents an important test of free speech and what candidates are able to say in order to win election to the bench.

In Kentucky
In 1991, the Kentucky Supreme Court dealt with the issue of whether a person surrenders his constitutional right to freedom of speech when he becomes a candidate for judicial office. In the case of Justice Combs J.D. v. Retirement and Removal Commission, the high court specifically addressed that issue. In it’s opinion it said,

"The rights of the voting public to hear what a candidate has to say is a compelling one."

". . . candidates for judicial office can announce their views on legal issues and political issues without jeopardizing the integrity and independence of the legal system or undermining the impartiality of the judiciary." J.C.D.C. v. R.J.C.R., 803 S.W.2nd 953, (Ky. 1991).

Since that decision, the Kentucky Supreme Court amended its rule (Canon 5,B,(1),c), relating to the Campaign Conduct for judicial office. Now the rule prohibits judicial candidates from making:

". . . statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court. . ."

By reviewing the Minnesota case, the US Supreme Court will decide whether states can stop candidates for judicial office from speaking out on abortion, prison sentences, and other political issues. The case will be heard next spring.

Those arguing against state laws which prohibit comments by judicial candidates claim that voters should be able to learn more about candidates for judge. Those who support the limitation argue that statements about controversial issues is at odds with a judge’s obligation to render impartial decision based on the law and facts.

Voice From The
Red-Zone

Issue:  Should a repeat felony offender be eligible for parole?

Web-Voters Overwhelmingly Say NO To Parole Of Repeat Offenders
An excellent crime prevention idea would be for the Legislature to change the law to make Persistent Felony Offenders ineligible for probation.

87% of Web-Voters said they do not think repeat offenders should be eligible for parole. They must be aware of the studies that reveal that 6% of the criminals commit most of the crimes.

Common sense tells them, and us, that if the repeat offenders which make up that 6% were convicted and incarcerated for as long as possible, the crime rate would fall even more.

Now under Kentucky law, Persistent Felony Offenders are not only eligible for parole, but can be probated as well. An excellent crime prevention idea would be for the Legislature to change that law to at least make PFOs ineligible for probation.

Voice From The
Red-Zone

Issue:  Should a murder committed in the course of a kidnapping be eligible for the death penalty?

Kentucky Supreme Court Rules:  Death Penalty Does Not Apply To A Murder Which Occurs During A Kidnapping

Much to the surprise of some prosecutors and the general public, a murder that occurs in the course of a kidnapping is not eligible for the death penalty in Kentucky.  Web-Voters in large numbers believed such a crime should be eligible for the death penalty.

In its opinion in the case of Jacobs v. Commonwealth, the Kentucky Supreme Court held:

"Because we find that the General Assembly has not established kidnapping as an aggravating circumstance to the crime of murder, we reverse Jacob's sentence of death and remand the matter to the trial court for sentencing on non-capital murder."

According to the Opinion of the Kentucky Supreme Court, Kentucky's law, as written, must be amended by the legislature in order to make such a crime eligible for the death penalty.

Voice From The
Red-Zone

Issue:  Should premeditated murder be eligible for the death penalty?

Of Course Premeditated Murder Should Be Eligible For The Death Penalty, Say Web-Voters

Most of the public are shocked that a premeditated, planned murder is not eligible for the death penalty now.  Web-Voters overwhelmingly support a change in Kentucky's law to permit prosecutors to seek the death penalty against a murderer who committed such a planned murder.

Such a change makes great sense to us too!

Voice From The
Red-Zone

Issue:  Should the murder of a child under the age of 12 be eligible for the death penalty?

Web-Voters Want Child Killers To Face The Death Penalty

Anyone who intentionally murders a child under the age of 12 should face the death penalty, according to an overwhelming percentage of Web-Voters. They obviously recognize the vulnerability of children.

Anti-death penalty opponents disagree. Their position is that no criminal charged with any murder should ever have to face a death sentence.

Of course, under their strange reasoning, murderers would still be able to impose a death sentence (by committing a murder in the first place).

Voice From The
Red-Zone

Issue:  Should acts of terrorism be eligible for the death penalty?

Web-Voters Say, "You Bet!"  Fatal Acts Of Terrorism Should Be Eligible For The Death Penalty!!!

Overwhelmingly, Web-Voters have said that criminals who commit fatal acts of terrorism should be subject to the death penalty. The American public finally appears to be fed up with the criminals who hurt people and are then coddled by a criminal justice system that seems to favor law breakers over law-abiding citizens.

It is a shame that it took the September 11th acts of terrorism to awaken the public to the notion that the fundamental purpose of government is to do all that it can to guarantee the safety of the public.

Smaller, but still devastating acts of terrorism occur everyday on the streets of our communities, in the form of murder, robbery, burglary and rape. It is the obligation of the government to do what it can to guarantee our safety from ALL terrorists, international AND urban. The American public deserves no less!

Voice From The
Red-Zone

Issue:  Should a life without parole sentence be available in all murder cases?

Web-Voters Want All Murderers Eligible For "Life Without Parole" Sentence

Under Kentucky’s liberal sentencing laws, only defendants who qualify for the death penalty are eligible for the next most serious penalty, "Life Without Parole." Click on Death Penalty to learn those circumstances when the death penalty is available.

Web-Voters want that changed! They want every murderer to face the possibility of "Life Without Parole." Let the juries decide, they say.

As it is, criminals seem to get all the breaks.  What’s new!

Voice From The
Red-Zone

Issue:  Should criminals who use guns in crimes be subject to increased penalties?

Web-Voters Want The Book Thrown At Criminals Who Use Guns To Commit Crimes
Should criminals who use guns in crimes be given increased penalties?  That was the latest question on www.lexingtonprosecutor.com.  Web-Voters overwhelmingly said YES!

Almost all believe that citizens should have the right to own a gun and have the right to defend themselves, their families and property from a crime or from an attack by criminals. But the vast majority of Web-Voters also believe that any person who uses a gun to commit a crime should suffer increased penalties if they are convicted of that crime.

Take a look at the comments by some Web-Voters:

  • Use of any deadly weapon (or instrument used to cause physical harm) should be considered for increased punishment;
  • Put them where they can never get ahold of a gun again.
  • Criminals who use guns to shoot defenseless people should get the maximum!

Voice From The
Red-Zone

Issue:  School is starting.  Are you concerned about your child's safety while at school?

Are Parents Concerned About The Safety Of Their Children At School?  YOU BET THEY ARE, Say Web-Voters

81% of Web-Voters say they are concerned about the safety of their children while they are at school.  Just read the following comments:

  • As a School Resource Officer I had 7 credible cases of threats of violence to schools in a community of 3,800. These ranged from guns to knives. A recent TIME magazine article sums it up quite well.
  • Teachers spend too much time trying to control the uncontrollable. These kids should be taken out of the regular classroom so that all kids have to worry about while in school is learning.
  • I am mostly concerned about people bullying my children and no one doing anything about it. Students who break the rules should be punished. The good kids deserve to be protected.
  • Last year my son's friend was attacked without any reason by a group of students as he was on his way to band class. He is the sweetest, nicest kid. No one knew why. He even had to go to the hospital. My son was scared to go to school.
  • Yes, I'm very concerned about my kids safety. I'm not only scared because of other kids, but the teachers as well.

It doesn't seem to be the headline grabbing acts by a few that concern parents, it is the day to day bullying and disruption by trouble-makers.

Listen up parents, school boards, administrators and teachers.  If you don't do something about their concerns, public school attendance will continue to drop.

Voice From The
Red-Zone

Issue:  Do media comments by lawyers undercut the public’s faith in the system?

Web-Voters Weary Of Lawyers Spinning Facts 

Web-Voters overwhelmingly believe that comments made by lawyers undercut the public's faith in the criminal justice system.  Apparently they are weary every time an attorney appears to be "spinning the facts" to favor their client.

Their comments reflect those feelings:

"In many cases, especially prior to trial, they are attempting to sway potential jury pool members."
"It appears that the latest strategy for lawyers who defend criminals is to try to float possible defenses in the media to see if they work. They don't seem to be interested in justice."
"The coverage of the First Amendment does not exclude lawyers."
"That Dershowitz guy always burns me up. How does he get away with all of the outrageous things he says? Don't lawyers have an ethics monitor?"
"It seems that defense lawyers are always trying their cases in the media. Why are they allowed to talk about a case before it is in court?"

Amitai Etzioni, author of The Monochrome Society, recently wrote, 

"We need to fashion reforms to rein in these fast-talking lawyers who are increasingly playing verbal acrobatics with the truth, if we are to insure public faith in our system of justice. . . .  Public interest in justice should not take precedence over a defendant's rights.  But it should not be wantonly ignored, either."

Obviously, Web-Voters agree.

Voice From The
Red-Zone

Issue:  Should judges be elected by voters or appointed?

Web-Voters Want The Right To Elect Judges

The majority of voters, when asked whether judges should be elected by the people or appointed by the politicians, want to have their say through the ballot box.

A number of comments were received from voters, some of which are as follows:

  • The voters should decide - based on merit, not the politicians who have political favors to payoff;

  • If we are qualified to elect the people who would appoint judges, surely we're smart enough to elect judges too!;

  • I wanted to qualify my vote, I feel circuit and district judges should be elected, not court of appeal and supreme court justices;

  • The citizens ought to have the right to say who their judges are.  Otherwise they would be appointed by whomever is in political office at the time.  Look at what a lousy system we have for appointing federal judges now.  They are appointed for life.

Obviously, our elected legislators should keep the public in mind when confronted with such issues.

Voice From The
Red-Zone

Issue:  Should a planned, premeditated murder be eligible for the death penalty?

Web-Voters Believe That Planned, Premeditated Murder Should Be Eligible For The Death Penalty

"If a planned, premeditated murder is not eligible for the death penalty, that what murder is?"  That comment by a Web-Voter sums up the attitude of the voters on this week's question.

This question and responses by voters underscores the lack of understanding of the general public about when and for what homicides the death penalty is available.  Obviously most Web-Voters felt that a planned, premeditated murder is already eligible for the death penalty.  Under Kentucky law, it is not.

Web-Voters think it should be.  We agree.

Voice From The
Red-Zone

Issue:  Should we toughen and strengthen penalties for repeat offenders?

Overwhelming majority of Web-Voters Want Penalties For Repeat Offenders Strengthened
90% of Web-Voters expressed their displeasure that repeat offenders are not being punished sufficiently.

An overwhelming majority of Web-Voters want penalties for repeat offenders strengthened.  90% of Web-Voters expressed their displeasure that repeat offenders are not being punished sufficiently.

Citing concerns that repeat offenders commit most of the crime, Web-Voters want to be protected from those criminals through incarceration. Comments from some voters include:

  • We need much tougher penalties for repeat and first-time offenders.  The primary focus should be punishment rather than rehabilitation;

  • We've got PFO and drug and gun enhancers, and assault 4 enhancers, it's sorta like asking a polar bear if he needs more snow;

  • It seems that only a small number of criminals commit most of the crimes.  Whey then, would any judge probate a repeat offender?

Voice From The
Red-Zone

Issue:  What do you think is the most important problem facing the country in the next 10 years?

Declining Moral Values Are Greatest Concern Of Web-Voters
Despite recent decline in the crime rates, crime is still a major worry of the public.

42% of Web-Voters said declining moral values is the most important problem facing our country in the next 10 years.  Worry about crime, followed by concern for the environment and education also continue to be major concerns of the public.

The question this week was:

What do you think is the most important problem facing the country in the next 10 years?

The results of the vote are as follows:

Moral values 42%
Crime 19%
Education 12%
Environment 12%
Economy 8%
Drugs 4%
Health care 3%

Voice From The
Red-Zone

Issue:  Should a crime committed as a result of hatred of another's race, religion or sexual orientation result in increased penalties?

Web-Voters Closely Divided On Whether A Crime Committed As A Result Of Hatred Of Another's Race, Religion Or Sexual Orientation Should Be Reason To Increase Penalty
52% say No.

In a close vote, 52% of Web-Voters have said they don't think penalties should be increased for crimes committed as a result of hatred of the race, religion or sexual orientation of the victim.

Several of the Web-Voters added their comments to their vote.  They were:

  • All victims deserve EQUAL justice... no favorites by political correctness!

  • It needs to be for all races, no one should receive injuries because they are a member of a group.

  • The same injury should result in the same penalty for everyone.  Otherwise we are going back to preferential treatment based on who you are.  We have spent many years trying to get away from just that.

  • A crime is a crime is a crime; the hatred of another individual is always at heart when committing a crime against another, regardless of race, religion or sexual orientation.  This seems to me to be an interjection of politics into our justice system.

Voice From The
Red-Zone

Issue:  Should criminals who use guns in crimes be subject to increased penalties?

Web-Voters Say Criminals Who Use Guns In Crimes Should Receive Harsher Punishment

90% of Web-Voters say YES! In Lexington almost 70% of homicides involve guns. Over 50% of robberies and about 20% of aggravated assaults involve guns.

It is time that criminals who choose to commit crimes and use a firearm in the process suffer swift, certain and increased penalties. That’s what the Web-Voters think, and we agree.

Voice From The
Red-Zone

Issue:  Should teachers be aware of a student's felony conviction?

Web-Voters Want Teachers Told If A Student Has A Felony Record
When asked if teachers should be told when a student has a felony conviction, 89% said YES!

Comments from Web-Voters included:

  • The teacher’s safety is at stake!

  • A teacher being aware of the student’s felony convictions is merely exercising proper caution without prejudice.

  • This should be a no brainer!

  • If the kid’s a punk than the responsible adults should know.

Not only should the teachers and administration be told, but so should the public. We all have the right to know who among us is dangerous. The time has come to lift the veil of secrecy from juvenile courts.

Voice From The
Red-Zone

Issue:  Should school lockers be subject to a search without a search warrant?

Anti-punishment Web Visitors Do Their Best To "Stuff The Ballot-Box On "Question Of The Week"
Prosecutor web site apparently concerns the anti-punishment gang.

I guess we have too much faith in the public’s honesty. At least some of the public anyway. It appears that the opponents of the Law & Order positions of www.lexingtonprosecutor.com crowd have been trying to "stuff the ballot box" on the "Question of the Week."

How do we know? Simple, just look at the facts.

The "Question of the Week," posted on Thursday, April 25, 2001 is:

Should school lockers be subject to search without a search warrant?

On Friday, April 26, 2001 the vote count on the question was:

At 8:30 a.m. At 10:30 a.m.
Yes 127 134
No 26 403

The www.lexingtonprosecutor.com visitor count was:

49,945 visitor count @ 8:30 a.m., 4/26/01
50,073 visitor count @ 10:30 a.m., 4/26/01

Total visitors in that 2 hour period -- 123
Total votes in that 2 hour period -- 383

That's more than three times more votes than visitors to vote.  357 of those votes were "NO." 

It is obvious and amusing that the "anti-punishment gang" is so concerned by the overwhelming public support for "holding criminals responsible for their behavior" and "enforcing of the law," positions of www.lexingtonprosecutor.com, that they feel compelled to try "stuff the ballot box."

Voice From The
Red-Zone

Issue:  Should accused murderers have a "right to plea bargain?"
April 19 - April 25, 2001 Poll

Majority of Web-Voters Say "Murderers Have No 'Right' To Plea Bargain"

The United States Constitution guarantees defendants accused of murder have a right to a fair jury trial.  It does not guarantee them the right to a "plea bargain."  Web-Voters are aware of that and a majority agreed.

The issue was raised in a recent case when the Fayette Commonwealth's Attorney's Office policy of no plea bargaining in murder cases was challenged in Court.  The Judge overruled the defendant's motion.

Voice From The
Red-Zone

Issue:  Should Animal Cruelty Be A Felony?
April 10 - April 18, 2001 Poll

Should Animal Cruelty Be A Felony?  95% Of Web-Voters Say Yes!
FBI says many killers , as children, killed or tortured animals, and the pattern often continues and turns into child, spouse and elder abuse.

What do Jeffrey Dahmer, Ted Bundy and David Berkowitz have in common besides being serial killers? All reported killing animals as children and "getting away with it."

Research has shown that exceedingly violent offenders have childhood histories of repeated animal cruelty. The FBI has concluded that most killers, as children, had killed or tortured animals and the pattern often continues and turns into child, spouse and elder abuse.

The question is how to most effectively address these issues. Many states have responded by making animal cruelty a felony offense. In Kentucky, animal cruelty is only a misdemeanor unless it involves animals fighting each other.

Voice From The
Red-Zone

Issue:  Should juveniles convicted of felonies and probated by the Court be permitted to return to regular classrooms?
March 30 - April 9, 2001 Poll

85% Of Web-Voters Say "No" To Juveniles Convicted Of Felonies Returning To Regular Classrooms

Perhaps there is no greater worry for parents than the safety of their children at school.  Consistently surveys have shown school safety to top the list of concerns of the public and parents.

Permitting juveniles convicted of felonies to return to regular classrooms is the last thing most parents want.  They have no desire to have their children go to school with other young people who have chosen to violate our laws.

The courts and legislature should listen to these parents and insure that dangerous juveniles are not permitted to return to the regular classrooms.

Voice From The
Red-Zone

Issue:  Should juveniles convicted of sex offenses be required to register as sex offenders?
March 21  - March 29, 2001 Poll

Web-Voters Want All Juvenile Sex Offenders To Register
The public not only wants to know who is dangerous, they have a right to know!

Web-Voters were asked this question:

Should juveniles convicted of sex offenses be required to register as sex offenders?

96% said YES, they should be required to register as sex offenders. That would allow the public not only to know who they are but where they live.

Email to the Editor: Our question produced an interesting e-mail from Ray DeBolt, General Counsel for the Kentucky Department of Juvenile Justice. He wrote:

"Concerning your web question contained in this newsletter, KRS 17.500(4)(a) specifically includes convicted juveniles in the definition of registrant as applied to the sexual offender registration system."
From Ray DeBolt

Editor’s comments: Your interpretation is not correct. ALL juvenile sex offenders are not required to register as sex offenders. The law you cite only requires registration of sexual offenders who are over the age of 18, unless they are prosecuted as Youthful Offenders. Many juveniles are convicted of sexual offenses in juvenile court and not as Youthful Offenders in Circuit Court. ALL sex offenders should be required to register regardless of their age or in which court they are convicted.

We believe your interpretation of the law is what it should be. Unfortunately it is not. That is the reason that the law should be changed to require ALL sex offenders, including ALL juveniles to register for the protection of the public. 96% of Web-Voters agree.

Voice From The
Red-Zone

Issue:  Should Terroristic Threatening be prosecuted even if committed at school?
March 13  - March 20, 2001 Poll

Voice From The Red-Zone:  95% Of Web-Voters Say Terroristic Threatening Should Be Prosecuted Even If Committed At School

95% of Web-Voters said they want terroristic threatening charges prosecuted in our courts no matter where the crime occurs. A threat to a student or teacher which occurs on school property is just as much a crime as a threat on a downtown street.

Parents want to be able to send their children to schools without fear that they will be hurt or threatened. It should make absolutely no difference where a crime occurs. Prosecutors and courts owe that much to students, parents and teachers. We all have the right to expect that our laws apply to everyone - everywhere!

Voice From The Red-Zone:  99% Of Web-Voters Say "Absolutely" Courts Should Protect The Safety Of Teachers

An overwhelming 99% of Web-Voters felt that the Court system should protect the safety of America's teachers.  We received many emails from Web-Voters, one of which reflects the attitude of the rest, and is quoted below:

Web-voter's email:

"Yes.  There's been too much violence against teachers and others in the classroom.  This proves the schools can't handle it by themselves.  If a juvenile violates a law in school, then the juvenile justice system must provide protection in the classroom the same as if it occurred on the streets.  Assault, battery or terroristic threatening are crimes no matter where they occur.  Failure to enforce the law will continue the failure of today's parents to hold their own kids accountable for their actions."          
Email f
rom:  K

Voice From The Red-Zone

Issue:  Do you consider burglary a violent crime?
February 23  - March 2, 2001 Poll

Is Burglary A Violent Crime?  You Bet, Say 92% Of Web-Voters

Only the "we know what’s best for everyone else gang," who have been spared the fear and trauma of learning that some criminal has broken into their home, gone through drawers and closets looking for valuables, can claim that, "burglary is not a violent crime."

The rest of America, including 92% of Web-Voters, disagree. Those cultural conservatives which make up America’s "Red-Zone" believe that the unlawful invasion of a person’s home is not only a serious crime, but a violent one as well.

Who are these Web-Voters? I suspect they are those cultural conservatives who fit squarely into America’s "Red-Zone." "Red-Zone" inhabitants live all over America. Living in the "Red-Zone" is not a geographic classification, it is an attitude. One that is based on a fundamental belief in right and wrong.

They have a great deal more in common than just thinking that burglary is a violent crime. They also share a belief in America and the ideals upon which it was founded. They have a deep-seated understanding of right and wrong and fair-play. They believe that every person:

Should be treated the same,

Should be responsible for their acts, and

Should suffer consequences when they violate our laws.

Victims of burglary feel violated. They lose much of their sense of security and safety. They believe that a person who breaks into another’s home has committed a very serious and violent crime. Is burglary a violent crime? YOU BET IT IS!

Voter's View

Issue:  Should people who intentionally murder defenseless elderly citizens be eligible for the death penalty?
February 16  - February 22, 2001 Poll

Web-Voters Want Killers Of Elderly To Face Death Penalty

The "we know what’s best for everyone else" death penalty opponents continue to demand that Kentucky’s death penalty be abolished.

Meanwhile the average Kentuckians who make up our juries continue to believe that some of these killers who commit the worst of the murders deserve the death penalty. Just in the past couple of months, juries in Jefferson and Hardin Counties have recommended death for two killers.

In addition, Web-Voters not only support death for these killers, they want to expand the circumstances in which the death penalty should apply.

By an overwhelming margin they voted that any person who intentionally kills a defenseless senior citizen should be eligible for capital punishment. As usual, average Kentuckians have a pretty good grip on right and wrong. They really don’t need the "we know what’s best for everyone else" gang to tell them.

Voter's View

Issue:  Should the murder of a child under 12 years of age be eligible for the death penalty?
February 8  - February 15, 2001 Poll

Web-Voters Say Intentionally Killing A Child Under 12 Should Qualify For Death Penalty

93% of Web-Voters said that the intentional murder of a child under the age of 12 should qualify the killer for the death penalty.

In Kentucky, not every murder qualifies for a death sentence. Only those murders which are classified as "aggravated murders," under Kentucky law, make the killer eligible for death. Such aggravated circumstances as multiple murder, a murder in the course of a robbery 1st degree, rape 1st degree, burglary 1st degree, a murder for profit, a murder in which a destructive device was used, to name a few.

Almost 70% of Americans continue to favor the death penalty, and juries across the country continue to believe many aggravated murderers deserve death, despite the intense anti-death penalty campaign by the main-stream media.

Voter's View

Issue:  Should all teachers be told of a student's juvenile criminal record?
February 1  - February 7, 2001 Poll

Web-Voters Want Schools Safe For Teachers Too

Web-Voters were asked if teachers should be made aware of a student's juvenile criminal record. 95% said "YES," all teachers should know about the criminal records of all of the students in the school.

Voters have consistently said they are fed up with misbehavior in schools. They do not want schools to be dumping grounds for law-breakers. Schools should be safe, not only for students, but for teachers as well.

Until Kentucky’s antiquated juvenile laws, which protect criminal records from people who should know, are changed, ALL teachers in a school cannot be told about juveniles criminal records.

Web-Voters are right.  All teachers should have the right to know who in their school is dangerous.

Voter's View

Issue:  Should businesses require a thumb-print before cashing checks?
January 17 - January 31, 2001 Poll

Web-Voters Say Thumb Print Before Cashing Check Is A Bad Idea

16,564 cold checks, representing thousands and thousands of dollars, were prosecuted last year in Lexington.

LexingtonProsecutor.com asked Web-Voters if they thought businesses should require a thumb print before cashing a check.  81% said no.  Several businesses have required a thumb print and have indicated that it cuts down on forgeries, but didn't know the effect on cold checks.

Too many cold checks are being written.  Most businesses cannot afford to continue to suffer the financial losses which result from cold checks.

Web-Voters Want Juries To Continue To Decide Whether Convicted Killers Deserve Death Sentence - The "We Know Better Than You" Special Interest Group Must Not Trust Average Citizens
Voters trust fellow citizens, who serve on juries, to do the right thing.

Web-Voters said it again.  They said juries, made up of average citizens in communities from one end of Kentucky to the other, are best qualified to decide whether a convicted killer deserves to be sentenced to death for what he/she has done.

This opinion is consistent with polls conducted by nationally respected pollsters which reveal that nearly 70% of Americans support the death penalty.  This support has remained high despite the intensive negative media campaign by the mainstream media against the death penalty.

Because support for juries remains so high, and the "we know best" gang is so opposed to juries making these decisions in their communities, we can only conclude that the "we know best" bunch just doesn't trust it's fellow citizens much.

Thankfully, common-sense won out again.

Voter's View

Issue:  Do jurors know the Parole Board can undue a sentence?
December 20  - January 2, 2001 Poll

Web-Voters Unaware That Parole Board Can Change Jury's Sentence
In Kentucky, most prison inmates are eligible for parole after serving only 20% of a sentence.

95% of Web-Voters believe that jurors do not know that a Parole Board can reduce a convicted felon's sentence. If fact, for most sentences, a prison inmate is eligible for parole after serving only 20% of his or her sentence.

Our guess is that most Kentuckians are not aware it either. That may explain why so many of our citizens are calling for abolition of the Parole Board, and the requirement that convicted criminals serve at least 85% of their sentence.

That’s what they do in the federal system. Defendants do all that they can to avoid going to federal court because they know they will have to go to prison. They would much rather face the more lenient state sentencing laws.

We ought to do the same thing in Kentucky!

Voter's View

Issue:  Should drug possession be de-criminalized in Kentucky?
December 12  - December 19, 2000 Poll

Web-Voters Say "No-Way" To Legalizing Drugs
Who says we're losing the war on drugs?  Some in the media and pro-legalization bunch, that's who.

The National Center on Addiction and Substance Abuse at Columbia University said:

"Drugs are not a threat to American society because they are illegal; they are illegal because they are a threat to American society."

It seems only some in the media and a few wealthy supporters want illegal drugs legalized.

Web-Voters have said "no-way," when asked if they favor the legalization of drugs.

Most Americans don’t have contact with the problems caused by drug use and abuse. However, they are concerned about the crime associated with drugs, and the negative impact drug use has on the character and morals of our country.

The "Alice in Wonderland" attitude of the advocates of the legalization of illegal drugs is super simplistic and naive. They seem to think that if drugs were legalized that the price would drop, and with the high profits gone, the dealers would go away, and the crimes associated with the buying and selling of drugs would go away as well.

That foolish attitude ignores the dangerously addictive nature of drugs. The experts tell us that only 10% of those who drink are problem drinkers, while 75% of crack user become addicts. A lower price would lead to greater consumption, causing more problems, not fewer.

One expert estimated that legalizing cocaine would increase the number of addicts by 10 times. If millions are addicted when drugs are illegal, socially unacceptable and generally difficult to obtain, then millions more would surely become addicts if drugs became legal, socially acceptable and easily obtained.

Once again average citizens, who have a real sense of right and wrong, got it right. They think legalizing drugs is a lousy idea. Maybe that group that thinks they are smarter than the rest of us ought to spend some time with some average citizens.

Voter's View

Issue:  Should convicted felons be required to give DNA samples for comparison in other crimes?
December 5  - December 11, 2000 Poll

Web-Voters Want DNA Samples Taken From All Criminals Convicted Of Felonies To Solve Other Crimes
Solving crimes and convicting criminals is important to the man/woman on the street.

"Absolutely! Take DNA samples from every criminal convicted of a felony." That's what 99% of Web-Voters have overwhelmingly said.

Hardly a week goes by during which some past crime is solved through the use of DNA. The technology is becoming much more sophisticated each day. And the public knows it. The public wants that technology put to good use by police.

Convicted felons have broken our laws, and most have previous run-ins with the law. Frequently, hair, blood or semen (containing DNA) is left at the scene of a crime. It makes great sense to collect DNA samples from convicted felons to compare against the evidence found at the scene of other crimes. Criminologists confirm that a relatively small percentage of criminals commit most of the crimes.

We ought to do all we can to identify, prosecute and convict these repeat offenders. Then the public needs to insist that judges send them to prison and they stay there. After all the public has a right to be protected from criminals.

Voter's View

Issue:  What is your greatest concern about safety in our schools?
November 28  - December 4, 2000 Poll

Bullying In Schools Greatest Concern Of Web-Voters
"Bullying is at the heart of all the other problems," says Web-Voter's email.

By a large margin, Web-Voters cite "bullying in schools" as their greatest concern in schools today.

Web-Votes - What Is Your Greatest Concern About Safety In Our Schools?

Bullying 91
Harassment 42
Violence 35
Weapons 19
Drugs 13
Other 3

An e-mail received from a Web-Voter said it best. It said:

"Bullying is at the heart of all the other problems you cited. Without bullying the others disappear. Bullying takes on subtle forms that are difficult to describe as being against the rules and, consequently, often goes uncorrected and unpunished.  The other children and adults recognize the bullying. But they frequently escape consequences, because the bully can manipulate nearly any situation by denying their true intentions."

Bullying has no place in our school, or anyplace else for that matter. Bullies must be disciplined by our school administrators. No child should be afraid to go to school!

Voter's View

Issue:  In which of the following institutions do you have the greatest confidence?
November 21  - November 27, 2000 Poll

Web-Voters Have Most Confidence In Our Military, Followed By Organized Religion And The Supreme Court
Over 600 Web-Voters cast votes for the institutions in which they have the most confidence.

When it comes to public confidence, our military comes out way ahead, according to lexingtonprosecutor.com Web-Voters. Not surprisingly, organized religion and the U.S. Supreme Court finished second and third.

Having the least confidence of the Web-Voters was the Presidency.

Over 600 Web-Voters were asked to vote for the institution in which they had the greatest confidence. Their votes are as follows:

Military 178
Organized Religion 106
U. S. Supreme Court 86
Criminal Justice System 57
Police 45
Medical System 37
Public Schools 35
Television News 34
Congress 16
Newspapers 8
Presidency 4

Voter's View

Issue:  How effective is the criminal justice system in holding criminals responsible for their crimes?
November 14  - November 20, 2000 Poll

Criminal Justice System Only "Fair Or Poor" In Making Criminals Responsible For Their Crimes, According To 60% Of Web-Voters
To improve public's confidence, criminal justice system must cause law-breakers to suffer consequences.

How effective is the criminal justice system in holding criminals responsible for their crimes?  That was the question Web-Voters were asked to answer last week. 60% of them said it rated only a "Fair" or "Poor."

Most believe that every person should receive equal treatment by the criminal justice system for the same crime.  Most also believe that everyone should be held responsible for their acts.  If people violate our laws, most feel that they should suffer consequences.

A majority of the Web-Voters appear to feel that the criminal justice system doesn't get a very high grade.  If the public loses confidence in our court system to punish those who violate our laws and victimize innocent victims, then we must be concerned that people will take the law into their own hands.

The criminal justice system must do a better job of treating every person the same, holding people responsible for their acts, and causing them to suffer consequences when they break the law. 

Voter's View

Issue:  Do you think the parole system should be abolished?
November 6  - November 13, 2000 Poll

78% Of Web-Voters Want Parole System Abolished
Voters tired of criminals not serving the sentences they are given
.

The federal justice system did it. Why can’t Kentucky’s criminal justice system do it too?

What did the feds do?

The federal system abolished parole. Now criminals convicted of crimes in federal court and sent to prison must serve 85% of their sentences.

That’s not the way it works in Kentucky. In state courts most prisoners are eligible for parole after they have served only 20% of their sentences. It should be noted, a limited number of criminals convicted of violent crimes must serve 85% of the sentence, but the number of crimes considered violent by that law are far too limited. For example, armed robbery and attempted murder are not considered violent crimes under that law.

Under Kentucky law, the Kentucky Parole Board can disregard jury recommendations and Judge's sentences and release convicted criminals long before their sentences are completed.

Web-Voters want that changed. It is time for a sentence to mean what it says. If the federal system can do it, why can’t Kentucky?

Voter's View

Issue:  What is your source of criminal justice news?
October 31  - November 5, 2000 Poll

Most Web-Voters Get Crimes News From Television

Web-Voters were asked to name their source for criminal justice news. 37% named television as their main source of crime news, followed closely by internet news.

The results of the survey revealed the following:

Television 37%
Internet 29%
Radio 21%
Newspaper 12%
Other 1%

The only surprises of the Web-Vote were that internet news ranked so high and newspapers so low as a source of crime news.

Voter's View

Issue:  Why do you think the crime rate is dropping?
October 16  - October 30, 2000 Poll

Web-Voters Say, "Getting Tough" With Criminals Works
Credit given to increased incarceration rates for drop in crime rate.

94% of Web-Voters credit the "locking-up the bad-guys" approach for the 8-year drop in the U. S. crime rate.

Web-Voter Survey Results
Increased Incarceration 179
Mandatory Sentences 42
Social Programs 5
Other 10

Zogby Poll results agree:  the public credits "tough-laws" for drop in crime.

These results agree with the results of a recent poll conducted by Zogby America which found that 55% attributed the reduced crime rate to tougher laws, compared to 32% who said they felt reduced rime rates were the result of programs that aided communities and troubled youths.

The Zogby America poll asked whether respondents felt lower crime rates were the result of growth in the economy and programs to help children or "tougher laws" such as the "3-strikes" laws, which deliver automatic sentences after the third offense and mandatory sentences.

We all know that there is more than one reason for the drop in our crime rates.  However, the public rightly gives most of the credit to the "punishment of law breakers" approach.  After all, only a small percentage of the criminals commit the largest percentage of the crimes.  So when we do catch them, they should be convicted and sent to jail.

Voter's View

Issue:  Is the death penalty an important issue to the public?
October 9  - October 16, 2000 Poll

Web-Voters Say Death Penalty Of Little Interest To Voters
Yet the media claims it's a national issue - and shows its bias.

88% of 360 Web-Voters said the death penalty is not an important issue to the public.  So why is there so much mainstream media coverage claiming it is a great concern to American voters?

Michael Kelly, editor in chief of National Journal, answered that question in a recent WashingtonPost.com article.  He wrote:

"A newcomer to this country, reading the mainstream press and watching the national television news shows, would believe that one of the issues of the greatest concern to voters in this election year, is the death penalty.

What those newcomers would not learn from the media, is that the polls show that the issue of the death penalty itself was not of the slightest interest to the great majority of voters.

Journalists like to think they think and write without bias.  But everyone knows that is absurd.

What journalists and editors choose as issues and how they frame them inescapably arises out of what they believe.  And, as a group, journalists believe in liberalism and opposition to the death penalty."

Kelly's answer is clear.  The anti-death penalty bias of the media and the anti-death penalty activists have joined together to do all they can to make the death penalty an issue of great concern to the voters.

Fortunately these days, the vast majority of the public sees right through the media bias, and continues to feel that the punishment should fit the crime! 

Voter's View

Issue:  Should there be truth in sentencing? (Example - a 10-year sentence means 10 years served in prison).
September 27 - October 8, 2000 Poll

97% Of Web-Voters Want Convicted Criminals To Serve Entire Sentence, Not Just 20% Of That Sentence

Web-Voters overwhelmingly want convicted criminals to serve their entire sentence, instead of only 20% before they are eligible for parole.

"Truth-in-Sentencing" just isn’t occurring in Kentucky. In a few "violent" crimes, defendants are required to serve 85% of the sentence, but the definition of "violent crimes" does not include crimes such as armed robbery or attempted murder.

The fact that prisoners don’t serve their entire sentence causes the public to lose confidence in the criminal justice system and the laws. Until convicted criminals serve all of the sentences they receive, the criminal justice system and those who write the laws will continue to be viewed with a cynical eye by the public.

Voter's View

Issue:  Should convicted thieves be able to avoid restitution by declaring bankruptcy?
September 12 - 26, 2000 Poll

93% Of Web-Voters Say "NO" To Convicted Thieves Avoiding Responsibility For Restitution By Declaring Bankruptcy

Over 300 web visitors cast their votes about whether convicted thieves should be able to avoid paying restitution by declaring bankruptcy.  93% said NO!

The U. S. Supreme Court agrees.  It ruled in 1986 that "restitution obligations imposed on a criminal defendant as a condition of probation in state criminal proceedings were not subject to discharge in Chapter 7 proceedings."

Unfortunately, and as a practical matter, many judges do not enforce restitution obligations that defendants either can't pay or will have difficulty paying, but they are probated anyway.

In those cases, the message to the victims and the public in general comes across loud and clear.  CRIME PAYS!

Voter's View

Issue:  What concerns you most?
August 29 - September 11, 2000 Poll

Although Crime Is Down - The "Fear-of-Crime" Remains High Among Web-Site Voters
Web-site voters continue to worry most about crime, drugs and violence.  Results consistent with 1999 survey of Lexington residents conducted by the Knight Foundation and reported in the Lexington Herald-Leader.

Although crime rates are reported to have dropped in recent years, LexingtonProsecutor.com voters continue to rank fear of crime, drugs and violence as their greatest concern.

These results are consistent with a 1999 survey funded by the John S. and John L. Knight Foundation.  The survey of 500 Lexington residents was conducted in the fall of 1999, and reported by the Lexington Herald-Leader on January 10, 2000, also found crime, drugs and violence was the greatest concern of Lexingtonians.

"What Concerns You Most"
According to
Web-Voters, the following issues were of the greatest concern to them:

1. Crime/Violence 50%
2. Drugs 27%
3. Education 14%
4. Gun Control 5%
5. Economy 1%
6. Foreign Affairs 1%
7. Other 2%

"What Lexington Thinks"
According to the Lexington Herald-Leader report, those responding to the Knight Foundation-funded survey saw the following issues as either big or small problems in the Lexington area.

1. Crime, Drugs or Violence 77%
2. Unsupervised children/ teens 68%
3. Racial and ethnic tension 66%
4. Lack of involvement in efforts to improve the community 60%
5. Illiteracy 59%
6. Lack of affordable housing 56%
7. Public schools do not provide high-quality education 53%
8. Homelessness 53%
9. Lack of arts/cultural activities 52%
10. Unemployment 49%
11. Lack of affordable high-quality child care 47%
12. Abandoned/run-down buildings 45%

Voter's View

Issue:  Should violent criminals be placed in minimum security prisons?
August 21 - 28, 2000 Poll

Does Anyone Care About The Public's Safety?  Or Are We Only Interested In Putting Prisoners Back On Our Streets As Soon As We Can?

Over 400 votes were case in response to this week’s question: Should Violent Criminals Be Placed In Minimum Security Prisons? 99% of the voters said "Absolutely not!"

Maybe so many felt so strongly about this issue because they feel that the law-abiding public deserves to be protected from people who commit serious crimes.

Or maybe it’s because they believe that people who commit crimes should suffer consequences.

Or maybe it’s because just two months ago, two violent and dangerous criminals just walked away from Kentucky’s largest minimum security prisons, and are now charged with murdering someone in Georgia.

In late June of this year, two convicted felons with extensive criminal records walked away from Lexington’s Blackburn Correctional Complex, Kentucky’s largest minimum security prison. They are both now charged with the strangulation murder of a Virginia man while they were fugitives and are presently lodged in the Chatham County Jail near Savannah, Georgia.

One escapee was served a 10-year sentence for possession of a firearm by a convicted felon, tampering with physical evidence, and being a Persistent Felony Offender. Three of his prior convictions were for violent crimes.

The other escapee has a long criminal history. He was in prison serving a 10-year sentence for Assault 3rd Degree and being a Persistent Felony Offender. He had served a little over one year of his sentence when he was transferred to the minimum facility.

After escaping, one threatened the man who prosecuted him, Boyd County Commonwealth’s Attorney Stewart Schneider. Schneider’s reaction was that "placing an inmate in the wrong facility can have grave consequences. When things go bad, somebody usually winds up dead." Unfortunately, he was right.

By such an overwhelming vote, Web-Voters seem to be telling our elected and appointed officials that government ought to be more interested in the safety of the public, than in putting dangerous people back on our streets, or in a place from which they can walk away.

Voter's View

Issue:  How many convicted criminals are presently on probation in Fayette County?
June 23 - July 6, 2000 Poll

Web Voters Had No Idea How Many Convicted Criminals Are On Probation, And Back On Lexington’s Streets

Web voters were asked to guess the number of convicted criminals they thought were on probation in Lexington. And guess they did.

This is what the lexingtonprosecutor.com voters guessed:

over 3,000 16 7%
2,000 to 3,000 5 2%
1,000 to 2,000 18 7%
500 to 1,000 80 33%
under 500 123 51%

The answer is - - - 3,055 are on probation in Lexington. That doesn’t count those on parole from our prisons.

Voters obviously had no idea just how many people, who have been convicted of felonies and misdemeanors, have been probated from both Fayette Circuit & District Courts and put right back on our streets. These results, although unscientific, are a reminder of just how unaware the public is about the workings of the criminal justice system.

How often the public hears about the cost of incarcerating criminals. Those same people talk about how much could be saved if only those convicted criminals could be put on probation, under the supervision of a probation officer.

What they don’t tell us, is the numbers of crimes committed by people while on probation. According to Civic Report No. 7, August, 1999, by the Center of Civic Innovation of The Manhattan Institute:

"On any given day there are more than 3 million probationers living in communities across the United States. More than half of them have been convicted of felonies . . ."

" . . . hundreds of thousands of violent crimes are committed each year by people on probation."

"The roughly 162,000 probationers returned to state prisons in 1991 were responsible for at least:

6,400 murders
7,400 rapes
10,400 assaults
17,000 robberies."

In addition, Morgan Reynolds, a Texas A&M economics professor and director of criminal justice at the National Center for Policy Analysis in Dallas, recently reported:

"Criminals under supervision commit 15 murders a day in the United States."

The safety of the public should be the primary consideration of our court system. Saving tax dollars is a nice goal, but not at the expense of public’s safety. The names of those probated and where they will live is the very least the public deserves. Because in the case of probationers, what we don’t know can hurt us.

Voter's View

Issue:  Do you want to know the names and addresses of convicted felons when they are released on probation or parole?
June 13 - June 22, 2000 Poll

Voters Want to Know The Names Of Those Released On Probation, And Where They Will Live

94% of LexingtonProsecutor.com voters want to know:

  1. The names of convicted criminals released on probation by the courts, and

  2. Where they will live.

That doesn’t seem to be too much to ask.

After all, according to Civic Report, No. 7 August, 1999, by the Center For Civic Innovation, at the Manhattan Institute:

"On any given day there are more than 3 million probationers living in communities across the United States. More than half of them have been convicted of felonies..."

"... hundreds of thousands of violent crimes are committed each year by people on probation."

"About two-thirds of probationers commit another crime within three years of their sentence, and many of these crimes are serious."

"The roughly 162,000 probationers returned to state prisons in 1991 were responsible for at least 6,400 murders, 7,400 rapes, 10,400 assaults, and 17,000 robberies."

The National Center for Policy Analysis recently reported:

"Criminals released from custody and under supervision commit 15 murders a day in the United States."

Despite the recent drops in crime, the public believes crime rates are still too high, and they are upset with many aspects of the criminal justice system.

Most grew up believing that if you broke the law , you suffered consequences. To them, that’s just not happening.

"They think violent felons are let out early, instead of serving their sentences.

They think sentences for most crimes are a joke.

They think the victim is ignored and the community is shut out.

They do not believe that probation or parole improve public safety.

And safety is what they want, first and foremost." (Civic Report, id)

Identifying criminals placed on probation, and telling the public where they will live, like we already do with released sex offenders, is what the LexingtonProsecutor.com voters want.

Voter's View

Issue:  Should murderers be able to profit from their crimes?  (By selling such items as books, t-shirts, & other "murder-abilia").
June 7 - June 12, 2000 Poll

Voters Say "No-Way" To Criminals Profiting From Their Horrible Crimes

89% of LexingtonProsecutor.com voters said "no-way" to murderers profiting from the crimes they commit.  This entire subject arises as a result of internet auction sites listing various personal items, such as autographs, artwork, hair samples, handprints, etc., from convicted murderers on its site.

Many states have enacted laws that prohibit violent criminals from profiting from their crimes.  Proving who gets the money, however, can prove to be very difficult.  These items would have no value whatsoever if it were not for the horrible crimes that were committed against innocent victims.  To permit the criminals to profit from those crimes is immoral.

It is not too much to ask our citizens and businesses alike to conduct themselves and their affairs honorably.

Criminals should not be able to profit from their crimes.  Any money raised from such activities should go directly to the victims.  Otherwise, the message to the public is clear.  Crime does pay!

Voter's View

Issue:  Should juveniles convicted of felony crimes be allowed to return to school?
May 31 - June 6, 2000 Poll

Parents Want to Know & Have A Right To Know If Their Children Are Going To School With Convicted Felons

83% of LexingtonProsecutor.com voters said that they don’t think that juveniles who have been convicted of felonies should be permitted back in school.

However, our guess is that most of those voters do believe that dangerous juveniles should be placed in an alternative setting, so that students who are serious about an education can learn without fear.

What the voters are saying to our school system leaders is that, enough is enough, with these young criminals, disrupters and bullies, most of whom really don’t care about learning. Parents don’t want to send their children into an environment where they can’t be certain they will be safe. They want the trouble-makers away from their kids.

Unfortunately, under Kentucky’s "offender-friendly" juvenile laws, no one seems to be able to find out who the dangerous juveniles are that are put right back into our schools. Right now convicted sex offenders, robbers, assaulters, drug dealers and thieves are in our schools, and parents can’t find out who they are.

Until parents make enough noise that our legislators will hear them, the laws which allow this situation to exist, won’t change.

Voter's View

Issue:  Should crime victims sue their attackers for damages?
May 24 - May 30, 2000 Poll

Criminals Should Pay For The Damage They Cause Even If They Have To Be Sued

92% of LexingtonProsecutor.com Voters say that criminals should pay for the damages they cause, even if their victims have to sue their attackers to force them to pay the costs of those damages.

These days, under Kentucky’s "criminal-friendly" sentencing laws, most convicted criminals don’t go to prison. Even if they do, they don’t stay long. They just go on their merry way as if nothing ever happened, just leaving crime victims in their path of destruction.

Far too often the crime victim is the one that suffers the long-term effects of some hoodlum’s behavior. These victims are the ones who are left to pick up the pieces of their lives.

It’s not right! The courts should require these convicted criminals to pay up or go to prison. As it is, most who are ordered to pay restitution for their crimes are either behind in paying, or don’t pay at all.

Unless they pay, the message to all involved is pretty simple. Crime Pays!

Voter's View

Issue:  Should Public Safety Be Government's Top Priority?
May 13 - May 23, 2000 Poll

Voters Say Public Safety Should Be Government's Top Priority

By an overwhelming margin Lexington Prosecutor Voters said the safety of the public should be the first priority of our government. 95% of the voters want safety to be first.

Americans pay a lot of taxes. It doesn’t seem too much to ask, that in return for those taxes, the government should do all that it can to guarantee the safety of its citizens.

So what do we get. Today, most convicted criminals are probated by our courts and put right back on our streets. Many repeat offenders are probated over and over, even in light of studies that repeatedly show that this small percentage of career criminals (6%) commit a majority of the crimes.

The public believes that courts should protect them from these repeat offenders by locking them up. Unfortunately, it seems to be backward. The criminals, the ones who break our laws, should be the ones who suffer the consequences, not the people who obey the laws and pay the taxes to support the government.

As it is, too many criminals are probated and put right back on the street. Lexington Prosecutor Voters say that government (courts) should be working to protect the good guys, not the bad guys.

Voter's View

Issue:  Should a criminal who uses a gun in a crime serve a mandatory prison sentence?
May 1 - May 12, 2000 Poll

Voters Overwhelmingly Favor Mandatory Prison Sentences for Criminals Who Use Guns When They Commit Crimes

97% of the LexingtonProsecutor.com voters say no "Get Out Of Jail Free" Cards For Armed Criminals. According to voters, they should get a "Go Directly to Jail" Card instead. Overwhelmingly, they want criminals who use guns when they commit a crime to serve mandatory sentences.

It seems that more and more crimes are being committed by armed criminals. The public is concerned and wants to be protected from these dangerous outlaws.

Criminals are not stupid. They know the risks of incarceration when they break the law. They also know that a large percentage of convicted felons don’t go to prison, but are probated and put right back on the streets.

Mandatory prison time and enhanced penalties for being armed with a gun while committing a crime is the message the public wants to send to these thugs. In addition, it would go a long way toward convincing the public that the good guys win and the bad guys lose.

Voter's View

Issue:  Is the internet sufficient notice that a sex offender is going to live in your neighborhood?
April 21 - April 30, 2000 Poll

Voters Reject Internet As Only Notice That A Sex Offender Will Live In Their Neighborhood

The Legislature passed a new sex offender law.  Now when a sex offender is released we will have to learn about it from the Kentucky State Police Web Site, http://kspsor.state.ky.us/.  

Voters were asked if they considered the internet sufficient notice that a sex offender will live in their neighborhood.  99% said no.  That overwhelming rejection should come as no surprise to anyone.  Today, a large number of people don't even own a computer, let alone cruise the internet on a scavenger hunt for the "sex offender registry" page of the Kentucky State Police web site.  Internet notification might be just what the doctor ordered someday, but not yet.

The public does have a right to know that these offenders are being released and that they plan on living in a particular neighborhood.

Maybe we were spoiled by the Fayette County Sheriff's Office.  Under the old law, the responsibility for notification was assigned to the Sheriff's Office.  As a result, when a "high-risk" offender was released, Sheriff Kathy Witt sent her deputies to the neighborhood in which the sex offender planned to live.  They went door-to-door notifying all of the residents of that neighborhood of their new neighbor and that he was a "high-risk."

Under our new law we will only learn about these offenders if we have a computer, and if we have internet access, and if we think about it.  Or if something awful happens to someone in the neighborhood.  The old way was better!

Voter's View

Issue:  Should probation of felony convictions be the exception, not the rule? 
April 11 - April 20, 2000 Poll

Voters Believe A 2nd Chance (Probation) Should Be Earned, Not Automatic

By an overwhelming majority (98%), LexingtonProsecutor.com voters  feel that probation (a 2nd chance) should have to be earned by a convicted law-breaker, not automatically granted.

Most of us have grown-up believing that everyone should be responsible for their behavior, and that when someone does break the law, he should suffer some consequences.

As a result, it should come as no surprise to the court system that the public can’t understand when someone who is convicted of breaking the law is probated and put right back on the street. It is obvious to them that the law-breaker has suffered no consequence at all for what they have done. To them, the lesson is clear. If there are no consequences for breaking the law, why should we expect anyone to obey the law?

Our courts put far too many serious offenders and career criminals right back on our streets through probation. Sadly, we find that many of them offend again. We can only hope that some innocent victim is not hurt by someone who should already be incarcerated anyway.

The public deserves to be protected from these lawbreakers. Citizens have a right to expect their elected and appointed leaders to do no less. After all, the primary purpose of government is to do all that it can to guarantee the safety of the public.

Defendants who have committed crimes of violence or those with criminal records should serve their time, not automatically be released.

Voter's View

Issue:  Crime victims should have the right to be present, informed and heard in Court.
April 3 - April 10, 2000 Poll

It's Unanimous!  Voters Say:  "Victims Deserve Better Treatment By The Courts!"

100% of the LexingtonProsecutor.com voters say that crime victims should have the right to be present, informed and heard at all criminal trials.  Unfortunately, in Kentucky, they don't.

In Kentucky, crime victims still are not permitted to remain in the courtroom during the entire trial if they will be a witness.  But the defendant has that right.

In Kentucky, a defendant is always given the chance to beg the judge for leniency before he is sentenced.  But victims aren't guaranteed the same opportunity to tell the judge what they think should happen to the criminals for what they have done.

Crime victims have made a major impact on our justice system, and they will continue to make their voices heard.  Crime victims, and those who serve them, have earned the right to speak out about the importance of guaranteeing safety, support, and services to those who are hurt by crime.

Voters have said loud and clear, that it is time to treat the innocent people (the crime victims) at least as well as we treat the criminals.

It isn't fair.  No wonder the public is losing confidence in the criminal justice system.

Before we spend so much time giving convicted felons the right to vote again, maybe we ought to spend some time treating crime victims better.

Voter's View

Issue:  Do you think Juvenile Court should be open to the public instead of secret?
March 22 - April 2, 2000 Poll

93% of Voters Want Juvenile Court Open To The Public

The law-abiding public is fed up with the increasing number of serious violent crimes committed by juveniles. Very few of these young criminals who commit violent crimes are treated as adults. Most remain in juvenile court where everything is done in secret, and from what we can tell very few ever suffer any consequences for breaking the law.

Youthful offenders are usually placed on probation many times before anything ever happens to them. In the meantime the rest of us are put at risk because these criminals are released back into our neighborhoods and onto our streets. We are not even permitted to know who they are or what they did, because juvenile court proceedings are still confidential.

Because what happens in juvenile court is secret, the public is not permitted to know:

who these young criminals are, or
what they did
, or
what, if anything, their punishment was.

And the public doesn't like it.  
They want to know who around them is dangerous .

93% of LexingtonProsecutor.com voters have said enough is enough. The say, "We  have a right to know who these criminals are. And since when should the criminals have more protection than the law-abiding citizens.@ 93% said they want juvenile courts open to the public view.

It is time we quit protecting these young violent criminals, and start worrying about the safety of the public.

Voter's View

Issue:  Should convicted felons be allowed to vote, serve as jurors, and possess guns after they have served their sentence?
March 18 - 26, 2000 Poll

97% of Voters Say "NO" to Lexington Legislator’s Idea To Restore Voting Rights To Convicted Felons

LexingtonProsecutor.com voters turned an emphatic thumbs down to Rep. Jesse Crenshaw’s proposal to grant convicted felons the right to vote after they have served their sentence. 218 voted, and only 6 agreed with his idea. 97% said no.

The Kentucky Constitution forbids convicted felons from voting. It should be noted that the same constitutional provision also prohibits them from serving as jurors and possessing firearms.

The law already allows felons to request the Governor to restore their civil rights after they’ve completed their sentence. Governors often grant those requests, if it is deserved. Crenshaw seems to want to make it automatic.

He says he is concerned that the Kentucky’s Constitution disenfranchises thousands of convicted felons, mostly poor people. They do not have the right to vote even after they have served their sentence, according to Crenshaw.

It wasn’t the Kentucky Constitution that stripped them of their right to vote. It seems to us, that the convicted felons did it to themselves.

Voter's View

Issue:  Do you think armed robbery and attempted murder are violent crimes?
March 6 - 17, 2000 Poll

1998 "Tough on Crime" Law Not So Tough After All

In 1998 the Legislature passed a law that they claimed was the "toughest" ever on criminals. Under their new "tough on crime" law, any person who is convicted of a "violent" crime must serve 85% of their sentence.

It seems pretty tough, until you read the fine print. Only then do you discover that many crimes such as armed robbery and attempted murder aren’t included as "violent" crimes. Criminals convicted of those crimes are still eligible for parole after serving only 20% of their sentence.

Just ask someone who has been robbed at gunpoint, or shot, or stabbed or beaten with a hammer, if they consider themselves to have been the victim of a "violent" crime or not. My guess is that everyone of them would say, you bet it was a violent crime! Or ask the 210 LexingtonProsecutor.com voters. They all voted "YES," armed robbery and attempted murder are violent crimes.

Yet somehow the Legislators didn’t see it that way when they passed this "toughest ever" crime law. Maybe it’s because the people who run Kentucky’s prison system influenced the decision makers. Their philosophy appears to be that we should put as many convicted criminals, as the law permits, back on the streets as soon as possible. Or maybe the criminal defense attorneys have exerted their influence.

Whatever the reason, the protection of the public, which should be the first priority of government, isn’t. If it was, crimes such as armed robbery or attempted murder would be included in the definition of "violent" crimes.

Someday, I hope we will remember that we owe more to the people who obey the law, than we do to the criminals who break the law.

Voter's View

Issue:  Should prison inmates have internet access?
February 28-March 7, 2000 Poll

95% Of Voters Say "NO" to Internet Access For Prison Inmates

LexingtonProsecutor.com voters overwhelmingly oppose making the internet available to prison inmates.  95% said "no" to internet access for prisoners.

The internet provides the ability to communicate anonymously with anyone, anywhere in the world, whose address can be obtained.  Incarcerated criminals are not only convicted of breaking our laws, but they also have lots of time on their hands.  That is a dangerous combination, especially if they are given access to the internet.

The threat of a convicted prisoner being able to harass and cyber-stalk witnesses, police, public officials and their families is totally unacceptable.

The goal of the criminal justice system should be to do everything possible to protect law-abiding citizens, not give law breakers another tool to victimize and harass them.

Voter's View

Issue:  Juveniles charged with murder should be tried as adults.
February 21-27, 2000 Poll

68% Want Juvenile Murderers Treated as Adults

"Juvenile murderers should be tried as adults. Yes or No." That was the issue for voters on LexingtonProsecutor.com for the past two weeks. Over 500 votes were cast, and the results are in. 68 percent wanted juveniles who commit murder to be tried as adults.

These results mirror national surveys of the same issue. People are obviously realizing that many of the vicious crimes which used to be committed by adults are now being committed by juveniles.

Juvenile Courts were designed years ago to deal with young boys and girls who committed minor offenses and would then straighten out and live productive lives. The purpose of Juvenile Court is only to determine what is in the "best interest of the juvenile." No where in the juvenile code is there any concern for the welfare or best interest of a community. No where is protection of the public even mentioned.

Today some of the most brutal, vicious crime are now being committed juveniles. The public obviously wants to be protected from these violent criminals who just happen to be young. Their vote indicates that. We only hope that our elected leaders and law-makers are tuned in.

Voter's View

Issue:  Repeat offenders should serve mandatory prison sentences.
February 7-18, 2000 Poll

89 Percent of Voters Want Repeat Offenders Jailed

Should repeat offenders serve mandatory sentences? That was the first question visitors to the Commonwealth's Attorney's web site were asked to vote on. And vote they did.

In only five days, 191 visitors cast their votes. 170 voters (89 percent) voted for mandatory sentences for repeat offenders. Criminologists confirm that only 6% of the criminals commit well over half of the crime. This small group of criminals commit such a large percentage of the crime in Lexington and other communities that it is only reasonable that we demand to be protected from them. It makes great sense to incarcerate these repeat offenders for as long as possible.

REPEAT OFFENDER CASE SUMMARY

Year

Repeat Offenders Identified

Avg. No. Of Prior Criminal Convictions

Average Sentence

Conviction Rate

1999

213

10.1

7.6 years

98%

1998

315

10.6

8.2 years

99%

1997

160

9.9

7.8 years

98%

1996

134

10.3

8.1 years

97%

The public has a right to be protected from this group who has chosen to commit crimes as a career. Our elected leaders need to be reminded that the primary purpose of government is to do all that it can to guarantee the safety of the public.

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