Sen. Baker’s judiciary committee must amend each designated statute to state that serious bodily injury must be proven, that the perpetrator intended to inflict serious bodily injury, and these changes must be applied retroactively.
It is recognized that the legislature’s duty in writing our criminal statutes is to ensure that laws are not vague and can be understood by the citizenry without a shaman or Latin dictionary. Yet, there is a pervasive and endemic problem with statutes that are being “interpreted” by cops, prosecutors, sly judges and bad attorneys in such a way as to deceive and cheat the unaware, and State Sen. Lisa Baker’s Judiciary Committee appears to be turning a blind eye to it.
These crimes are often felony one offenses such as murder, arson, terrorism and aggravated assaults. They also encompass violent sexual encounters where serious bodily injury is inflicted, such as rape and other acts involving physical injury to the genitals resulting in permanent disfigurement or mutilation.
Where does the legislature designate offenses as “crimes of violence?” They are buried in definition sections of the Wiretap Act and in a recidivist sentencing statute, which is ridiculous. Imagine being prosecuted for a nonviolent act under a “crime of violence” that carries enhanced sentencing regimens being one step below murder and designed to deter the commission of serious bodily injury. It happens daily in the Commonwealth. Daily. Judges get away with this because the legislature has failed to act to cure it. Lives are destroyed as citizens are imprisoned for decades, homes, jobs and careers are lost due to excessive charging for nonviolent conduct.
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