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Wednesday, June 25, 1997
UNIVERSITY DAILY KANSAN
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Sex-offense law upheld by court
The U.S. Supreme Court upheld Kansas' Sexually Violent Predator Act in a precedent-setting ruling Monday.
By Graham Johnson Kansan staff writer
Law permits committal of mentally ill offenders
The court made it acceptable for states to commit people who have been diagnosed as sexual predators in order to rehabilitate them and protect society.
The only other alternative would be lengthy prison terms, said Stephen McAllister, associate professor of law.
"It is a very emotionally engaging case. It has real impact, real people, real lives and it has great significance nationwide for children in this country," McAllister said.
For McAllister, who helped the state argue its case, it was more than a legal victory.
"It is a personal victory for me," McAllister said at a Monday press conference. "I put in a lot of months and invested a lot into it. There was an extra special meaning for me because Justice Thomas wrote the opinion, and I clerked for him."
Douglas County District Attorney Christine Tonkovich said she welcomed the new alternatives and protections the act would provide.
McAllister also stressed the ruling's far-reaching implications.
"It's clearly a valuable tool for prosecutors who have sex offenders who are
going to be released from prison and whose release is going to be problematic." Tonkovich said.
However, some argue that the ruling comes at the price of defendants' rights.
Lawyers for Leroy Hendricks, the convicted sexual predator who challenged the Kansas law, said the ruling violated Hendricks' constitutional right to due process and his right to be tried and punished only once for an offense.
Dan Covington, Almena KU law student, said he was uncertain about the ruling.
They also said the law was unconstitutional because it was passed long after Hendricks committed the crime, therefore it was being unfairly applied to him.
The Supreme Court overruled all three arguments.
The Kansas Supreme Court originally had overturned the law because Kansas law permits committal only for people who have a mental abnormality.
The upshot, McAllister said, is that there is now a new constitutional standard for committal based upon the offender's threat to society. It is less stringent and opens the door to the retention of more dangerous sex offenders.
Not everyone is as enthusiastic about the ruling as McAllister.
"I guess I'm in agreement with the ruling in the sense that it supports the protection of children from sexual predators, but I do see a concern that we're starting to incarcerate people not for past crimes, but for potential crimes," Covington said.
"It is a huge precedent," McAllister said.
Geology camp gives work, fun in Rockies
By Crystal Honores Kansan staff writer
The courses, Geology 560 and 561, were offered from May 19 to June 11 and from June 11 to July 4, respectively.
Some KU geology students are spending this summer at a camp in Colorado. But Karen Fischer, graduate student at the University of Kansas Geology Field Station, said it's no scenic tour.
The field station, at Canon City, Colo., is both a mentally and physically demanding academic program that joins classroom theory to practical experience.
"It's physically hard; you have to be in good shape and have good equipment," said Fischer, who completed Geology 560 this summer.
Fischer said students needed high quality hiking boots, notebooks, backpacks, compasses, hats, insect repellent and a strong background in geology.
Roger Kaesler, professor of geology, said his class emphasized geologic map production. Fischer said students had to hike in the mountains, observe the exposed rock, use a compass and record data. She said she was outdoors collecting data from 7:45 a.m. to 4:30 p.m.
And the day did not end there. Fischer would then remap data, and eventually her findings would be combined with a topographic map to form a geologic map.
The geologic maps can reveal pieces of Earth's environmental history, such as earthquakes. They also can determine if the land was once underwater or if there were mountains that had eroded during the years.
"Geology is not just the study of rocks but really the study of the Earth's processes," Fischersaid.
Kaesler said that these field courses helped students understand that part of Earth's history
These maps can provide extremely useful information.
that is recorded only in rocks.
Many of the rocks studied are at least 400 million years old.
Fischer said that studying the horizontal layers of rock formations could indicate the presence of water or oil underneath.
In fact, Fischer said, many students who specialize in petroleum also study geology.
Kaesler said that the program's success was due to its ideal location and longevity. The program was founded in 1924.
Canon City is less than 50 miles west of Pueblo. It is at the front range of the Rockies and has a dry climate.
Kaesler also credits the camp's success to the alumni who have contributed financially to the camp, and to the University for providing faculty. Students are still required to pay tuition, transportation, supplies, food and other personal expenses.
This summer, 14 students enrolled in Geology 560, and eight enrolled in Geology 561.
Students stay in cabins furnished by the University. Students have their evenings free, but, Kaesler said, their being in Colorado didn't mean they could run wild.
"They spend their evenings just like normal students. They read their books, work on projects, throw balls, sit around the campfire and sing songs." Kaesler said.
On weekends many students go camping at geologically interesting sites. Kaesler said that students studied the rock formations but are not graded on their weekend work.
Fischer said that she enjoyed the challenging course.
"It's not an easy course at all, but I think a lot of people like it," she said. "I think a lot of people attracted to geology are naturally outdoor people."
Students see death sentence differently
McVeigh's penalty stirs debate among many
By Lauren Dials Kansan staff writer
Like America, KU students are divided on the death penalty.
But the death penalty brings up strong feelings in many people.
KU students seem to think so. In a nonscientific sample, seven out of ten students asked supported the death penalty.
And the convictions and death sentences of Timothy McVeigh and Megan Kanka's killer have sparked discussion. Should this decision be left in the hands of neutral, inexperienced jurors?
"Anyone who purposely kills 163 people, 19 of which were children, deserves to die," said Justin Summer, Leavenworth senior. "If McVeigh had a problem with the government about Waco and Ruby Ridge, blowing up the federal building was not the way to solve anything."
McVeigh's lawyers said that their client's actions were fueled by the government's involvement in the siege at Ruby Ridge and the role they played in the Branch Davidian standoff.
Other people argue that no one deserves the death penalty, no matter what the crime.
"I don't think that it's fair to place such power in the hands of these 12 people," Pettis said. "That's someone's life you're deciding on. I just don't feel that I have the authority to say whether someone lives or dies."
Jen Pettis, Overland Park senior, agreed that McVeigh was wrong. She said that the jury was being left with a large burden.
Pettis said that the responsibility the jurors are given is over
Timothy McVelgh
Todd Thompson, Leavenworth senior and a pre-law student, said that the death penalty was useful for punishing those guilty of more serious crimes.
"I think Americans are quick to judge and want severe punishments for offenders," Thompson said. "The death penalty is a useful tool for chronic offenders or those who commit extremely unthinkable crimes. I definitely don't think that it is appropriate in as many cases as it is proposed."
whelming. She said that giving such responsibility to them is asking the jurors to perform a morally challenging task. But others believe that the death penalty is appropriate.
Most people think that the death penalty is a cheaper and more efficient way to deal with convicted criminals.
"In a way, it's better to sentence someone to death because it's the taxpayers who pay for their life term," said Aimee Foppe, Belleville, Ill., graduate student. "In prison, they can get a college education on our money and tie up the court system in appeals. Keeping them alive costs the taxpayers a lot of money."
What most people don't realize is that the death penalty is often more costly than sentencing a criminal to life in prison.
"A lot of people don't realize how much money it actually costs to have someone put to death," Thompson said. "With all of the appeals that are made, it usually ends up costing taxpayers more than a life sentence would."
Feelings for and against the death penalty may be grounded in the Bible.
Some picketers hold signs that say: "Judge not lest you be judged."
But others hold signs reading: "Anyone who intends to kill a man, shall be killed by him himself."
The response to McVeigh's death sentence was overwhelmingly positive.
"McVeigh was just an anti-government nut," Sumner said. "If you have a problem with the government, write your congressman. Don't blow up the nearest federal building."
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