Total Criminal Defense has repeatedly emphasized the importance of
working with a criminal
defense when facing criminal charges (to prevent a wrongful
conviction, to learn your
constitutional rights and to assure you're aware of the latest criminal
defense legislation). A bill recently proposed in the Louisiana House
of Representatives could, if passed, provide one more reason to have
a defense attorney on your side.
According to The
Advocate, the Louisiana House's Criminal Justice Committee, a 10-member
panel, recently approved a bill that would introduce the penalty of
chemical castration and criminal defense for those convicted of certain
sex offenses. The bill will now go before the full House for a vote.
Senate Bill 144, introduced by Senator Nick Gautreaux, would criminal
defense reportedly allow chemical castration for males convicted of aggravated
rape, forcible rape, second-degree sexual battery, aggravated incest
and aggravated crimes against nature.
Chemical castration, it seems, consists of giving convicted offenders
injections of medroxyprogesterone acetate, a chemical that reduces testosterone
criminal defense
levels and thus decreases sex drive.
But, as the Daily World reports, some activists have raised objections
to the proposed legislation.
Marjorie Esman, executive director of the ACLU of Louisiana, has evidently
denounced the bill on several grounds, including the following:
- Gender discrimination: The bill offers the punishment
of castration for male sex
offenders, with no equivalent for female sex offenders.
- Inappropriate use of funds: Esman reportedly argued
that the $40,000 required to administer the hormone-castration treatment
would be better spent providing counseling for offenders while they
spend time in prison.
- Application: As the bill now stands, castration
would be criminal
defense an optional punishment for date rape, a crime that Esman allegedly
pointed out can be triggered when alcohol consumption diminishes the
decision-making capabilities of both parties.
A criminal defense lawyer who spoke to the Criminal Justice Committee
reportedly argued against the bill as well, noting that rape and related
crimes are about power, not sex. It seems the defense attorney suggested
that violent offenders unable to commit sex crimes would simply commit
other violent crimes – in short, castration would solve virtually nothing.
And, sources indicate, a medical expert testified that certain research
has demonstrated that medroxyprogesterone acetate can lead to tumors.
This could prove disastrous, since the current draft of the bill calls
for optional assignment of chemical castration for first-time offenders
and mandatory castration for repeat offenders.
Sex offenders who refuse the chemical treatment, it seems, would face
a mandatory three-year prison sentence.
Despite the urging of defense
investigator various experts, the House
committee reportedly passed the castration bill 9-1, after limiting the
crimes for which castration would be an criminal
defense optional punishment. In the original version, non-sexual
crimes like kidnapping were apparently included in the offenses punishable
by castration.
As controversial laws with severe penalties criminal
defense are proposed and adopted,
the importance of fighting your criminal charges with help from a criminal
defense lawyer increases dramatically. |