Life without the possibilty of parole

Fig.1 source:http://lvillage.education.vic.gov.au/lv/tsc/hp.nsf/Files/jmissen/$File/electricchair%5B1%5D.jpg

In the state of Vermont there have been zero executions by death penalty since 1976, but before 1976 there were a reported number of executions in the amount of 26. There are zero persons on death row currently in the state of Vermont, which means there are zero women and men on the fend of being executed. There is a one point nine percent of murder rate in Vermont per 100,000 people. There is a life sentence without the option of parole. A person is not able to get death for a felony murder in which he or she did not commit. There have been no innocent people freed from death row and there has also been no clemencies granted in the state of Vermont.

The first execution from 1608-2002 was the hanging of David Redding. He was a white male and his age was not documented in the ESPY file Executions by State. Redding was hung on June 11, 1778 for the crime: treason. The last execution documented was Murder Electrocution to Donald Demag. He was a 29 year old male who committed robbery. He was executed on December 8 1954. The differences in the crimes committed by the two men are treason, which is defined as a violation of allegiance to one's sovereign or to one's state, and robbery, defined as The act or an instance of unlawfully taking the property of another by the use of violence or intimidation(dictionary.com). The two men were executed in two different manners. As documented, David Redding was hung. On the other hand Donald Demag suffered from Murder Electrocution where he was killed by electric currents flowing through his body.

Fig2.Source:http://www.cinema.com/image_lib/6766_heading.jpg

Based on Bureau of Justice Statistics for 2006 we can see that the State of Vermont has a higher rate of probation that parole. The number of entries for parole is 461 while the number of exits is 556. The total parole population is 965, and the number per 100,000 residents is 197. The number of entries for probation is 4489, and the number of exits 5,791. The Probation population is a lot bigger than the parole population. The probation population is 7,631, and the number of residents per 100,000 residents is 1,554. The state of Indiana has both a higher parole and probation population. There exits and entries for parole are 7,555 and 6,900. The total population for parole is 131,037, and per 100,000 residents are 261. Indiana’s exits and entries for probation are 96,356 and 93,895. The total population for Indiana’s probation is 120,421 and per 100,000 residents 2,533. CSI Vermont thinks this because Indiana is a much bigger state than Vermont. The population sizes differ for the most part and if you look at the crime rate there is more crime in Indiana than Vermont.

In 1995 Vermont received its first Restorative justice program. It was called Reparative Probation. This program was to local citizens and people who were convicted of misdemeanors and other felonies. The offenders were recommend by the VDC. The offenders were to talk about their offense and figure out ways how they can give back to their community or figure out ways they can apologize to their victims. It also help ex-cons with way how they cannot do the crime over that they had did. This program has been very successful over the years. Reparative Probation has been awarded the Innovations in American Government award sponsored by the Ford Foundation and Harvard University.

Resources:
Death Penalty Information Center (2009) Retrieved November 14, 2009, DPIC Death Penalty Information Center Web site: http://www.deathpenaltyinfo.org/state_by_state

Cohen, Ron. (1997). Forgiveness and restorative justice in vermont. Retrieved from http://planetvermont.com/pvq/v8n4/justice.html

Speedy Trial

Rutland, Vermont uses the grand jury procedure instead of the preliminary hearing method. The differences between the two procedures is that a grand jury is a group of people that are selected and sworn in by a court who listens to evidence, and decides if someone should be charged with a crime. However, the preliminary hearing is where the prosecutor presents evidence to the judge in an attempt to show that there is probable cause that a person committed a crime and then makes the same type of determination as the grand jury makes.


Fig2. Source:http://www.jewelinfo4u.com/images/Gallery/Dog-Necklaces.jpg

Police officer Michael Wootton was accused of animal cruelty after shooting his neighbor’s dog. He claims that his neighbor’s 80 pound dog attacked his 20 pound dog. After failing the attempt to separate the fighting dogs Wootton went inside his house, grabbed his hand gun, and shot his neighbor’s dog to death. Lawyers took two hours to pick a jury. No challenges for cause or peremptory challenges were mentioned from the press. However, the defense would probably want a jury who could care less about the cruelty done to animals and the prosecuters would prefer animal lovers who are unconditionally against the abuse of animals.


Fig3. Source:http://www.nlm.nih.gov/visibleproofs/media/detailed/vi_b_323.jpg

Latonia Congress is the aunt of the deceased sixteen year old Shatavia Alford whom was stabbed to death. Latonia Congress is being charged with second-degree murder. The direct evidence in the case was a photograph of the murder weapon which was an ordinary kitchen knife in which the accused had repeatedly stabbed the niece with due to an over-heated argument about laundry. A photograph of the knife taken by forensics had to be used instead of the actual murder weapon due to it mysteriously disappearing. In the court room forensics reported that unprovoked deadly force was used on the murder victim which was part one of the circumstantial evidence, and the second part to the circumstantial evidence was a recording of the 911 call that was placed after the murder had taken place. This evidence convinced the judge that Latonia Congress is guilty of second-degree murder and that she had acted irrationally and that this act taken upon her niece was neither in her nature nor character but none the less she is guilty and sentenced.

§ 7553b. Right to speedy trial if bail is denied

In Vermont one has the right to a speedy trial if their bail has been denied, except in instance of cases involving the punishment of the death penalty or a life sentence. If a person is held without bail prior to their trial then that persons trial should be set to arise for a period of no more than sixty days after bail has been denied. If the trial is not set to open within the sixty days and that delay does not contribute to the defense, then the court has to immediately set a bail and hearing and set bail for the defendant.

In Nevada you the right to a speedy trial under the sixth amendment in the constitution which requires the defendant’s trial be held within an amount of time; however this right can be waived if you ask for additional time to prepare for your defense. You have the right to a trial within sixty days after you being charged with a crime, unless you have postponed your trial by filling an application with the court.

The difference between these two states is the fact that in Vermont you can have a speedy trial if your bail has been denied, whereas in Nevada you can have a speedy trial sixty days within being charged with a crime.

RESOURCES

Mercer, Ryan (2009, October,16). Vt. woman arrested in death of 16 year old. Burlington Press, Retrieved November 6,2009, from http://www.burlingtonfreepress.com/article/20091016/NEWS02/91016009/Vt.-woman-arrested-in-death-of-16-year-old


Title 13: Crimes and Criminal Procedure. Retrieved November 07, 2009, from The Vermont Statutes Online Web site: http://www.leg.state.vt.us/statutes/sections.cfm?Title=13&Chapter=229

Vermonts Judiciary Facts

Fig 1 source:http://www.vermontjudiciary.org/default.aspx

In selecting high court/supreme court judges, the state of Vermont either grants life tenure or they use reappointment of some type. Thirty-nine states have intermediate appellate courts; however, Vermont is one of the eleven states that do not have intermediate appellate courts. Similar to the selection of high court/supreme court judges, selection for all general jurisdiction trial court judges includes life tenure or reappointment of some type. One of the main concerns, or drawbacks, with selecting judges through popular elections is its perceived inability, or unwillingness, of voters to exclude the qualifications and effectiveness of judicial candidates. For this matter, significant effort has been devoted to educating state voters about candidates. However, selecting judges through popular elections is beneficial because of the probability of increased representation of women and minorities on the bench.

Fig.2http://vaiss.org/pics/vaiss.jpg

In the state of Vermont every court branch such as Environmental and Superior Court have two or more judges in jurisdiction. There is an addition of twenty-eight assistant judges for the Superior and Family Courts. There are six trial courts and then there is only one appellate court in the state of Vermont. The link to the Supreme Court is the following: http://www.vermontjudiciary.org/gtc/supreme/default.aspx

Family Court: http://www.vermontjudiciary.org/GTC/Family/default.aspx

Superior Court: http://www.vermontjudiciary.org/GTC/Superior/default.aspx

District Court: http://www.vermontjudiciary.org/GTC/District/default.aspx

Environmental Court: http://www.vermontjudiciary.org/GTC/environmental/default.aspx

Vermont Judicial Bureau: http://www.vermontjudiciary.org/default.aspx

Probate Court: http://www.vermontjudiciary.org/GTC/Probate/default.aspx


Fig.3 source: http://ctlgbtlaw.files.wordpress.com/2009/08/gayadoption2.jpg
Dominik A. Bailey Jr, a man in Thetford, Vermont, was accused and charged with the felony of removal of human remains. He dug up his father’s cremated body which was buried in Vershire graveyard, and returned home with the remains and headstone. Dominik’s mother was the one who made the phone call to Thetford police. She told police that she suspected her son of digging up her husband’s remains and taking it home with him along with the headstone. Bailey’s aunt said she received a voice message from him stating that he was “going to get his father” and there was no reason for the family to continue to put flowers there anymore. Bailey says that he took his father home with him because he missed him. He calls his aunt again later the same day and tells her that his father is now there at home with him in the living room. Police searched Bailey’s home and discovered the remains and headstone. He was later pulled over and taken into custody. Considering that this is a felony crime, it is most likely for the General Jurisdiction court to hear of this case.

Fig4 source:ctlgbtlaw.wordpress.com/.../

In 1993, Jane Van Buren had given birth to two boys by insemination. Deborah Lashman was Buren’s lesbian partner and had lived with Buren for several years. Jane is considered the biological mother of the two boys and had all parental rights while Deborah had no legal standing. The lesbian couple filed a petition for second parent adoption. According to the law , if someone who is not the stepparent adopts a child, it will disable all parental rights to the biological parents. Considering the couple was not married, the court denied all adoptions. Lashman and Buren appealed to the Supreme Court resulting the reverse decision of the lower court. This decision made the Vermont Supreme Court the first to recognize lesbian co-parent adoptions. This type of case would be heard by the appellate court.


RESOURCES
Fact Sheet on Judicial Selection Methods in the States (2009).
Retrieved October 24, 2009, from American Bar Association Web site: http://www.abanet.org/leadership/fact_sheet.pdf

Gay and Lesbian Adoptive Parents: Resources for Professionals and Parents. Child Welfare Information Gateway. Retrieved October 26, 2009. From website: http://www.childwelfare.gov/pubs/f_gay/f_gayc.cfm

Gaylord, S. (2009, October 25). Pro & Con: Debate over reforming judge election system continues. News & Record. pp A1

Lesbian Wins Appeal on Vermont Adoption. Retrieved October 26, 2009. From website: http://www.scs.cmu.edu/afs/cs/user/scotts/domestic-partners/vermont-adoption.html

Vermont Man Charged with Digging Up Dad. Police Say Man Brought Remains Home. (August 3, 2009) Retrieved from WPTZ.com website: http://www.wptz.com/news/20262990/detail.html#

VERMONT'S POLICE DEPARTMENTS 411

1) The Vermont law enforcement was primarily county, based prior to the establishment of a Department of Public Safety. Each county had an elected sheriff who was responsible for enforcing all laws to towns in the county that did not have their own police departments. Department of Motor Vehicles Highway Patrol, provided statewide law enforcement services. Members were responsible for patrolling the state’s roadways on motorcycles and enforcing motor vehicle laws.
The movement of a Department of Public Safety in the state of Vermont began in 1935 through a special committee that was formed to study the possibility of a statewide police system. After continuous studies were performed by the committee, results were positive and support from the community began to expand. The first bill was introduced to establish a Department of Public Safety in the 1937 Legislature. However, it was later concluded that it was not the correct decision to be made. It was assumed that the defeat of this original proposal was a result of lobbying by the sheriffs who perceived a loss of power.

2) In earlier days when the Vermont State Police Department was formed, most departments used motorcycles to patrol. The motorcycles weren’t powerful and fast like those we see today, but were more like bicycles with a motor. In this day and age, Vermont police use different types of cars and motorcycles to better secure the area. With the vehicles used now, an officer could cover more ground, therefore making up time when having to get to a location that is far away from where the officer is at. Going back to the earlier days, not many people had cars that could go fast like cars do nowadays, so a high speed chase wouldn’t be a problem that an officer from that time would encounter. The problem he would encounter would be when getting a call of an emergency from a distant location. If someone was calling to where they felt they were being robbed, a cop from the present would make it there faster than an officer in the earlier days, therefore being able to stop the crime quicker. Also another problem that an officer would encounter is transporting criminals. Cops have cars with a guard between the driver seat and the backseat where the criminal is held. This guard protects the officer from a violent attack from the criminal. Many good things have come with the purchasing of police vehicles but the downside to it is that cars do need repairs. But in the state of Vermont, many police departments have garages that are equipped with lifts and tools to repair cars, or have a mechanic come in and fix. This is good because an officer won’t have to wait on his car to be fixed at a shop and he can check on it every day.

The above is an example of the history of the police department in Vermont. The story below is another example of the history of the police department in Vermont , if the above did not depict enough info.

It was only seven years ago when a man named Anthony Barreto-Neto started to work for Hardwick Municipal Police Department in Northern Vermont. After a short time working for HMPD a few town officials were doing a research on Anthony and found out that on a website Anthony Barreto-Neto was a transsexual. Once this information was found out town officials presumed his inability to due his job as a police officer. Once the word got out about Barreto-Neto he was harassed at work. It got to the point were it became so cruel and unlawful that Barreto-Neto terminated himself from his job. That was when the Town of Hardwick settled a claim.

According to Gay & Lesbian Advocates & Defenders (2001) “The settlement included a monetary payment to Barreto-Neto and a requirement that the town adopt a formal policy of nondiscrimination against transgender persons and train its employees on transgender issues. Importantly, the Attorney General’s ruling established for the first time in Vermont that transgender persons are protected under the State’s anti-discrimination laws”

Even though 2001 was not that long ago I think that many officers like Barreto-Neto were abused emotionally and physically, and they did not have the courage to step to the plate because they were afraid. Times still have not change since then but since the formal policy of nondiscrimination against transgender persons was adopted we feel that if a person was transgender they would encounter some of the problems that Anthony had, but they won’t be as extreme as they were in 2001. For this simple reason is why America is trying to establish laws for transgender and for others like them so they can feel protected and safe from others who feel different.

BURLINGTON POLICE DEPARTMENT

MISSION:

“The police of Burlington Police Department are committed to policing with the citizens of Burlington to achieve a safe, healthy and self reliant community.”

VALUES:

INTEGRITY - We adhere to the highest ethical standards, assuring the community that their public trust is well founded.

SERVICE - We provide the highest level of service and protection to all people in a competent, courteous manner, tempered with compassion and understanding.

RESPECT - We treat all persons with dignity and respect by promoting equality and fairness both inside and outside the Department.

CREATIVITY - We engage in problem-solving as our primary strategy, involving the community in identification of the problems, the best solutions and their implementation.

Burlington Police Department addresses a community challenge, revising training. Every police officer must establish training standards by the Vermont Criminal Justice Training Council in order to maintain certification. The core values of the training unit are loyalty, honor, respect, team work, attention to detail, adaptability, courage, leadership, and professionalism. These values help the officers to do what is legally and morally right and to develop mental, moral and physical strength in order to handle situations in a just manner. They believe that by developing a challenging and empowering environment that promotes discipline, respect, team work, and fitness will enable them to create a well trained Vermont police officer. They described fitness as being a term that reflects the mind and the body. Their mission is to sharpen the intellect while conditioning the body for health.

Burlington Police work to prevent the abuse of drugs and alcohol and to prevent family violence. From their website: www.bpdvt.org/ you will be able to find many sources about safety tips, a survival guide for off campus living students, robbery safety information, identity theft information, etc. They make it easy for people who are reaching out for help to get the proper assistance that they need.

STATISTICS IN VERMONT:

The number of agencies for law enforcement in Vermont is 49, the number of personnel is 786, and the number per resident is 126. The number of sworn personnel is 616 and the number per 100,000 residents is 99. The number of agencies for sheriff’s offices is 14, the number of personnel is 187, and the number per 100,000 residents is 30. The number for sworn personal is 132 and the number of sworn personnel per 100,000 residents is 21. The number of fulltime employees for Vermont’s state law enforcement is 545, and the number per 100,000 residents is 88. The sworn employee’s number is 325 and the number of sworn employees per 100,000 residents is 52. I do not feel that Vermont has an adequate number of sworn officers. Vermont’s non-sworn officers have little power in the ability to arrest a citizen where as the few sworn cops may be providing service to a serious situation. There are numerous non-sworn officers but few sworn officers to support the criminal activities that occur on a daily basis. The number of sworn officers are sometimes proficient in the their efforts to uphold the law, yet those numbers aren’t always enough to produce the necessary protection for the state of Vermont.

RESOURCES

Hardwick Logo. [Online Image] Available http://www.nek4u.net/, September 26, 2009

Attorney General William H.Sorrell [Online image] Avaiable http://www.atg.state.vt.us/, September 26, 2009

Highway Patrol [Online Image] Available http://www.dps.state.vt.us/vtsp/

History of the Police Department (2009).Retrieved September 25, 2009, from Vermont State Police: Department of Public Safety Web site: http://www.dps.state.vt.us/vtsp/history.htm

Gay and Lesbian Advocates and Defenders. (2009) Barreto-Neto v. Town of Hardwick Police Department. Retroeved September 24, 2009, from GLAD Web site: http://www.glad.org/work/cases/barreto-neto-v-town-of-hardwick-police-department/