Marshall v. State

BENHAM, Justice,

concurring.

While I agree with everything in the main opinion, I write separately to highlight the public’s role in helping ensure complete justice for all our citizens.

This murder case involves a ten-year-old child who was beaten so severely from his back to his knees over an extended period of time that, according to the autopsy report, the fat beneath his skin was *859emulsified, entered broken capillaries, and clogged the vessels leading to his lungs, which resulted in his death.

Decided July 16, 2003 Reconsideration denied July 29, 2003. Russell C. Gabriel, for appellant. Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Assistant District Attorney, Thurbert E. Baker, Attorney General, Jennifer S. Gill, Assistant Attorney General, for appellee.

This beating did not take place out of the presence of other adults. While the beating was taking place, two service men visited the home to make repairs and one of the perpetrator’s many neighbors called the police. When the police arrived, they made casual inquiries but took no corrective or preventive actions. All too often we see cases in our court system where ordinary citizens have had many opportunities to report crimes or take preventive or corrective measures, yet they have failed to do so. Such failure to report crimes happens with alarming regularity in child abuse and domestic violence cases.

Many, but not all, of the child and domestic violence incidents end up in the legal system where we can only impose time, fines, or probation. Oftentimes, we in the judicial system can do little to help the victims of violence. But cases of this nature highlight the need for ordinary citizens to do more to prevent crimes and protect victims: they can cooperate with police; they can report suspected crimes; they can organize neighborhood watch programs; they can serve as witnesses during investigations; they can serve on juries; they can support the creation of drug courts; and they can participate on commissions and committees designed to address public safety issues. If citizens do more on the preventive side, the courts can be more effective on the punishment and rehabilitation side.