Prompted by John W. Stone, the determined uncle of Valiree Jackson, legislation was drafted that would create a new crime of first-degree murder of a child punishable by life imprisonment or the death penalty.
The Valiree Jackson Act was named for the the 9-year-old girl whose body was found near Springdale near Spokane, WA, Nov. 15, 1999.
Essentially, the bill would change the penalties for first degree murder of a child. Lesser homicides are unchange to avoid problems with accidental death (for example, vehicular homicide where a child is killed). The bill has two major components.
1. Death Penalty Eligibility for First Degree Murder of a Child Twelve Years Old and Younger.
The new law allows for prmediated (first-degree) murder to be elevated to a capital crime by "aggrevating circumstances." Such factors generally concern the circumstances of the crime or the nature of the victim. Changes would be made to include a child twelve years old or younger within the class of victims considered an aggravating circumstance. The most common example of this are police officers; if a police officer is murdered, this is an aggravating circumstance which would allow the prosecutor to seek the death penalty.
2. Life Without Parole for First Degree Murder of a Child Fifteen Years or Younger.
A new section will be added the the Revised Codes to allow for a sentence of life without parole where the victim was fifteen years old or younger.
All traditional defenses and immunities remain intact (for example, the law explicitly prohibits the execution of a retarded perpetrator), as does prosecutorial discretion (meaning that the prosecutor would still be able to determine what crime to charge and penalty to seek based on the circumstances). This simply adds a new and powerful "tool" to police, prosecutors, and the courts.
These two provisions overlap in the case of a victim younger than twelve; the prosecutor would therefore elect to seek either the death penalty or life without parole as circumstanced dictate.
Support the Valiree Jackson Act, by donating any amount or purchase the book,
"Find My Baby", by clicking below.
Concerned for Equal Rights • c/o Shirley Stone • P.O. Box 41966 • Phoenix, AZ 85080-1966
623-444-2389 or 866-243-4357
www.findmybaby.net • concerned@findmybaby.net