July 14, 2011 Caylee’s Law
Count me as just a little skeptical about proposals to create “Caylee’s Law.” In the past two weeks I’ve received over 300 emails asking me to support reactionary legislation to create new felonies for not promptly reporting a missing child or a child’s death. There are different versions of the email and none contain draft legislation, so the details of the proposal are a bit fuzzy. But count me as skeptical.
Given the outcry surrounding the Casey Anthony case it is likely the Colorado General Assembly will debate this issue next January when we’re back in session. I will look forward to hearing from law enforcement and child advocates as to whether they consider such a law needed or useful. By way of example, I did a quick check with the website for the National Center for Missing and Exploited Children to see if they had a position on Caylee’s Law, but could only find a press release distancing themselves from some of the hype and marketing surrounding the case.
One difficulty with this law is proving when someone has knowledge that another person is missing. A parent may think their child is late coming home from school or other activities, but the point in time when they realize someone is missing is hard to pinpoint. But because elements of a crime must be proved beyond a reasonable doubt, there could be instances when a prosecutor would not be able to establish a clear violation of the time limits in this proposed law.
Another challenge in enacting such a proposal is a requirement in Colorado that legislation creating felonies must contain appropriations of funding for prison cells for future offenders convicted under the law. As a member of the Joint Budget Committee and Chair of the Senate Appropriations Committee I know that Colorado’s budget is already stressed and the prospect for new funding for new crimes is challenging.
The current political climate may also prove challenging, as Colorado is undertaking efforts to reform our criminal justice system and sentencing laws. Creation of new felonies may run counter to this effort and there is resistance to new “boutique crimes” tailored to narrow fact patterns where laws of more general applicability already exist. The Commission on Criminal and Juvenile Justice has been working for several years now to simplify our criminal code and make it more efficient and just.
I understand the outrage surrounding the verdict in the Casey Anthony case, but it is important to note that the Anthony case was handled by authorities in Florida, and that their laws differ from those in Colorado. I would also note that Colorado law already makes it a crime to conceal a death.
Here are a few critiques of the proposal that raise other points to consider:
I will, of course, carefully review any proposals that are introduced in the next legislative session and I will listen to experts in the field. We all want effective laws that make children and communities safer and we want prosecutors and law enforcement officials to have the proper tools at their disposal. I am not yet convinced that Caylee’s Law would make a difference in how parents behave or how law enforcement agencies protect children.
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