As good and decent people, we would all love to put those guilty of domestic abuse behind bars for as long as possible. But compromising our justice system is not the way to do it.
Since October, a bill has been making its way through the state Capitol that could make it possible for those not directly involved with domestic abuse situations to testify against a defendant. Some call the procedure victimless prosecutions - others call it hearsay.
Hearsay has a long tradition of being prohibited in the American court system.
On one hand, we want desperately to imprison the perpetrators of these disgusting abuse crimes. This bill could help do that.
On the other hand, we cannot allow the integrity of our judicial system to be compromised. This bill could do that, too.
Hearsay is just that - hearsay. Its not fact and cannot be given the same weight as fact. As the good-time party game telephone illustrates, facts can easily and unintentionally be twisted along the line.
The business of hearsay is muddy and could easily blur our focus on the pure justice that is the ideal of our American court system. If hearsay is allowed in domestic abuse cases, whos to say where the line will be drawn in using hearsay in other types of cases?
Fear, love, money and desires to keep families together are often the reasons victims cite for not cooperating with law enforcement to prosecute abusers. While these reasons can be understandable, we, as a society, should work hard to create an environment where abuse victims feel secure in speaking out against their abusers.
It is imperatively important that we help the victims of these repulsive crimes be freed from their torture. But we cannot go above the law to do that.
This bill has had a rough time in its venture through the state House because of language issues. This is reassuring.
It is extremely important this bill doesnt compromise our judicial system and it is extremely important we put abusers behind bars. But it has to be done the right way.





