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Sen. Kennedy

empirical-

ADJECTIVE:
Relying on or derived from observation or experiment: empirical results that supported the hypothesis.
Verifiable or provable by means of observation or experiment: empirical laws.
Guided by practical experience and not theory, especially in medicine


Kennedy hate crimes rider may doom Hatch's sex offender bill

By Robert Gehrke The Salt Lake Tribune

WASHINGTON - A fight over federal hate crimes legislation could torpedo Sen.
Orrin Hatch's push to strengthen the nation's sex-offender registries and clamp
down on sex crimes. The Senate Judiciary Committee gave
quick, unanimous approval to Hatch's bill Thursday, clearing its way for
consideration by the full Senate.

But Sen. Edward Kennedy, D-Mass., said he plans to try to attach language to a bill that would require tougher sentences, provide federal assistance and offer grants to prosecute hate crimes - those motivated by hatred for a race, religion, gender or sexual orientation.

The White House has indicated it will veto the sex-offender registry bill if Kennedy's hate crimes legislation is included, Hatch said. The White House did not return phone calls seeking its position on the hate crimes legislation.

“It would really interfere with what we're trying to do with the
sex offender bill,” said Hatch. “It looks almost like they don't want the sex
offender bill at all.”

The Hatch bill would require sexual predators to register with a registry before they are released from prison and notify authorities when they move or change jobs. Offenders also would have to re-register twice a year in person, rather than through the mail.


States would be given money to buy sex offender tracking devices and would be able to share offender information in a nationwide network. The bill also would impose tougher mandatory minimum sentences for a wider range of sex crimes.

Ed Smart, the father of Salt Lake City kidnapping victim Elizabeth Smart and proponent of the registry legislation, was on hand for the committee's approval.


“This is an issue that needs to be faced right now,” Smart said. “I hope at the end of the day our children are safer.”


The bill would not have made a difference in the Smart case because the prosecutors say those who allegedly kidnapped Elizabeth Smart had no record of sexual offenses, but Ed Smart said it could make a difference for others.

There are nearly 550,000 offenders registered nationwide, including about
8,000 in the Utah database.

A similar bill, sponsored by Florida Republican Rep. Mark Foley, has already passed the House.

Despite some changes in the Senate bill, Kennedy said he
still has reservations.

Kennedy said the bill would override existing state registry programs, like those in his state, that do most of what is required by the bill. And he objected to placing new, unfunded mandates on local governments and imposing the new mandatory minimum sentences that “aren't justified by empirical data.”

“The victims' families deserve . . . laws that really work and not
just paper tigers,” Kennedy said. Smart said he has met
families who say the judges in their case imposed unreasonably lenient
penalties. “In certain heinous crimes, you've got to have a
harsh penalty and there should be no leeway,” he said


"aren't justified"?? I have to take issue with this one. I have a little "data" for Kennedy this morning.

Joseph Duncan was released after serving twenty years for the brutal rape of younger boy- he went on to killing a family, committing heinous sexual acts upon two surviving children- only to end up murdering one of them. He is also suspect in the rapes and murders of two young girls and a boy. All of that in less than 10 years from the time he was released.

John Couey kidnapped, raped and allegedly buried a young girl alive- after being released for a crime in which he blamed the 5 year old victim, and told officials he "needed help"

Alejandro Avila, was acquitted of molesting two young girls, and went on to kidnap, rape and murder a five year old girl, leaving her nude body to be found by a mountain road.

The Solicitor General's Office of Canada, in a study of 29,000 sex offenders from Canada, the U.S., and England, found, on average, that 14% were rearrested for a new sex crime within 4 years. One could contend that the remaining 86% did not re offend- however, the data only accounts for those that where not caught re offending. Remember, Duncan got away with 3 alleged sexual assaults and murders until he was caught with his last victim. Every statistic that they provide to defend the re-offense rate is based solely on those that where caught and convicted.

My defense to Kennedy's "unfunded mandates on local governments and imposing the new mandatory minimum sentences that “aren't justified by empirical data.” "- if one convicted sexual offender is kept behind bars, preventing them from inflicting their deviant desires upon innocent children- that one life saved is justifying enough.

Kennedy's insistence on a adding hate crimes legislation into this very important law in order in ensure that it does not pass is irresponsible, and revolting to say the least. I truly believe that in our government certain people should be only allowed to play a part in those activities which they are best suited for. Perhaps, Kennedy should stick to rescue missions. He evidently is more inclined to save stranded people than America's children.

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