Other Views
Other Views
CIRCUIT Judge Dexter Del Rosario has been criticized for the sentence that he imposed on Larry Cox. Cox was sentenced to one year in jail and five years probation for three counts of third-degree sex assault and one count of attempted third-degree sex assault for fondling two children. Sentence met
legal standardsIn determining appropriate sentences, judges are required to consider several factors, including the safety of the community and the risk of re-offense by the defendant.
An independent, psychiatric expert appointed by the court to determine whether Cox posed a threat to the community and whether he could comply with the terms of probation testified that Cox's "risk of danger to other persons as a result of any existing mental condition is virtually negligible."
The psychiatrist also found that, given Cox's continued participation in an appropriate treatment program, the risk of re-offense was minimal.
Other factors that judges consider are the nature and circumstances of the offense. In this case, while the negative psychological and emotional effects on the young victims were significant, the offenses for both counts were neither physically dangerous nor violent in nature.
The judge must also consider the history and character of the defendant. Cox had no prior criminal record and had a stable work history.
The state sought an extended term of imprisonment which, if granted, meant a maximum of 20 years in jail for Cox.
The law provides for extended terms of imprisonment for the "exceptionally difficult defendant" where it is shown that rehabilitation "is unlikely to be achieved within an ordinary term."
The Sex Offender Program director testified that Cox's prognosis for rehabilitation was good even in light of his admission that he had touched some 200 children because the defendant was complying with his treatment plan and had taken responsibility for his behavior.
Much has been made of Cox's admission that he had touched 200 children. In spite of such knowledge, the judge had no legal authority to punish Cox for acts for which he was not convicted.
The only alternative for the judge was to sentence Cox to either five years in jail or probation with imprisonment up to one year.
The law allows judges to withhold imprisonment if the defendant is likely to respond affirmatively to a probationary program.
THE psychiatrist who evaluated Cox recommended probation. He testified that continued treatment while on probation would be more effective in treating Cox's condition and deterring relapse than incarceration.
While on probation, Cox is subject to strict conditions to facilitate rehabilitation as well as to address the concern for public safety and is prohibited from contacting, directly or indirectly, any minor child. He is subject to electronic monitoring and to mental health tests and treatment until clinically discharged.
A violation of any one condition can result in the revocation of Cox's probation and imprisonment.
Marsha E. Kitagawa is public affairs
director of the Hawaii State Judiciary.