Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

"Commission asks: Is a crime worse if a child sees it?"

By Douglas A. Berman

The title of this post is the headline of this interesting local article from Virginia.  Here are the details: If Matthew R. Nash is convicted of this summer's Virginia Beach carjacking, he could get additional prison time for the mere fact that a toddler in the back seat became a witness to the event.  Some judges have begun tacking on additional months or years of prison time when a crime occurs in the presence of a child, even though there's nothing in sentencing guidelines that requires it. The state is now trying to figure out how often crimes occur in front of children in anticipation of possible legislation to require additional incarceration if children witness crimes.  For the study, the Virginia Criminal Sentencing Commission asked commonwealth's attorneys to supply data on crimes committed in the presence of children, but it has been slow going...continue to full post

Full post as published by Sentencing Law and Policy on August 24, 2009 (boomark / email).