Friday, April 25, 2008


Let Judges judge
(3 strikes rule)



The Connecticut legislature is considering eliminating judicial discretion and and requiring life imprisonment for a third serious felony conviction.




The Judiciary needs the ability to judge each case on its merits. Rules which are absolute don't leave room for extenuating circumstances. Guidelines are useful but legislation should not be used to anticipate all possible outcomes, (which is the problem with zero tolerance policies). The system must allow for review of each individual situation. Without this safeguard the process could be managed by computers. That situation would be untenable. Events occur, which require human oversite and sometimes compassion.

It is clear the polices for sentencing and incarceration in Connecticut needs to be reviewed. But a review does not require change. By looking at a system one could find that the best policy is already in place. Perhaps only minor alterations are required. In any event the knee jerk reaction to current events almost never ends well. The full implication of the changes must be evaluated.

We are individuals working within a society with rules. When the rules are violated there needs to be a consequence. But the consequence must be tailored to the situation. There is no crystal ball to tell the future. Judges must have a framework from which they exercise appropriate judgment. We all must face consequences for our actions. If you commit a crime you should do the time. If you are a repeat offender your should pay a more harsh penalty. But there must always be a way to review extenuating circumstances. Less than that is less than human.

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Wednesday, April 23, 2008



Connecticut Young Drivers rules are modified.

Driving in a privilege not a right.
Drivers are licensed as are doctors and lawyers and plumbers.



Teen drivers, and most new drivers, need additional safeguards to keep themselves, and those around them on the road, safe while they gain experience. There are so many rules for driving the government published a book with a synopses of them. Only the most common rules are presented. There are hundreds more established in the General Code. So many, in fact, that almost nobody can remember them all. It is within this atmosphere the Governor has appointed a task force to study what more can be done to keep teens safe on the road. Their recommendations are now law.

Enforce existing rules before adding new ones.
We do not need additional laws to keep the highways and byways safe. We need enforcement of the existing rules, perhaps repeal of many so we can remember the remaining. Drivers consistently see a disregard of the driving rules: right turn on Red - without stopping, passing on the right, slow down at stop signs, exceeding the speed limit, holding the phone, applying make up are all things which can be seen time and again in any drive across any city or town. It is no wonder our teens sometimes fail to navigate the roads.

Do as you see, not as the law prescribes.
Since they were one year olds, (prior to that they were forced to face backwards in the car), they have witnessed licensed drivers flaunt the driving rules. There is a flagrant disregard for the law. They learn by years of example that the rules of the road don't apply, except perhaps to someone else. Small wonder when they begin to drive themselves they behave like "everybody" else. After all there is almost no penalty. Driving citations are few and far between, the notable exception is drunk driving, (that has a strong lobby). So passing a stop sign, cruising through a red light to turn right, driving in the left lane, passing on the right, crossing median double lines appears to have no consequence.

When rules are selectively enforced they will be, equally, selectively obeyed.
Before we expand the driving code for teen, and most new drivers, let us examine those rules already in place. Remove any which no longer apply or are contradictory. Then enforce the remaining rules. After that see if the exciting rules are inadequate. We can add more to fill in those identified gaps. But simply adding more rules which might not get any more enforcement than we currently see is just appearing to fix a problem. Just as we expect licensed doctors and pilots to follow the rules, so too with drivers. We grant a license to drive after demonstrating a core competency. That competency must be maintained in order for the license to remain valid. Anything short of license enforcement is just an excuse for the State to collect a fee. The new, less experienced drivers must be shown an example of good driving. To maintain safety on the road the Police must enforce the rules. All rules which are no longer valid or are redundant must be repealed by the legislature. Anything less is lip service which will make us feel better for a while but will add no long term safety.

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