PDA

View Full Version : It's time to fix the flaws in the Amber Alert System


foxfarmboxers
07-19-2009, 09:59 AM
It's time to fix the flaws in the Amber Alert system
Guidelines vary on when to issue alerts
By JON ADLER
Copyright 2009 Houston Chronicle
July 18, 2009, 4:45PM


When it comes to finding missing or abducted children, worried parents and law enforcement officers rely for the most part on fingerprints and the voluntary Amber Alert system. While these may assist in the recovery of a child, there is a lot more that can and needs to be done to better protect our children.

Each year between 800,000 and 1.3 million children are reported missing. Further, more than 58,000 children are abducted each year. And, in abductions involving a violent crime, statistics show that 99 percent of violent crimes occur within the first four hours that the child is missing.

In many communities, the local police or sheriff offer parents the opportunity to have their children fingerprinted. Additionally, all states have some version of the Amber Alert system, an early warning system to help find abducted children. While these are important tools, we can and must do better. Recalling a few high-profile cases illustrates the issues.

Take the 2006 case of 14-year old Elizabeth Shoaf from Lugoff, S.C. Elizabeth was missing for 10 days, yet no Amber Alert was issued. It was only when Elizabeth got hold of her kidnapper's cell phone and sent a text message to her mother's cell phone that U.S. marshals were called in to help locate and safely rescue her.

In California, 8-year-old Sandra Cantu wasn't as lucky. She disappeared this past March and her body was found 10 days later inside a suitcase left in a drainage ditch. Her family had contacted police, but no Amber Alert was sent out. The police, while not issuing an Amber Alert, still conducted a search, informed other law enforcement offices in California, and spoke to the media.

In Texas, when an 11-year-old girl supposedly ran away with her 23-year-old boyfriend, child advocates in Texas questioned why state law enforcement officials refused to issue a statewide Amber alert given the child's age and given that local police in Tyler had issued an alert. The state argued the girl had not technically been abducted. While the girl may not have fit the narrow definition of “abducted” by a stranger, this kind of incident should be part of any Amber Alert system

In not one of these cases would having fingerprints on file helped in rescuing the abducted child. Sadly, the only use for fingerprints in these circumstances is to help identify the body — not much comfort to distraught parents.

Additionally, a close examination of how states interpret and implement the voluntary Amber Alert system reveals some serious problems and inconsistencies.

In the cases cited above, like so many others, national and state guidelines for issuing an Amber Alert require evidence that a child has been taken a certain distance away. Further, many states are reluctant to issue an alert in cases where abduction by a stranger and physical coercion are not evident. The decision is left to local and state officials to make the call. The search for Elizabeth was conducted by family, friends and neighbors. The search for Sandra was conducted by the police but without issuing an Amber Alert. In the Texas case, local law enforcement issued an Amber Alert while the state refused.

The guidelines for Amber Alerts set by the Department of Justice are just that — guidelines, not requirements. South Carolina's process for initiating an Amber Alert differs in some ways from California's. In both states, the law enforcement agency has to believe the child was abducted. In South Carolina, unlike California, the law enforcement agencies have to exclude all other possibilities for a child's disappearance. Both states require the child to be 17 years old or younger or if older have a proven physical or mental disability. Unlike South Carolina and California, New Jersey says there must have been a short enough delay between the time the child was last seen and the time the child was reported missing to believe an Amber Alert will help locate the child. Some states won't issue an Amber Alert unless there is a vehicle description. Other states will.

The differences in state application of the federal guideline can result in one state issuing an Amber Alert while a neighboring state doesn't. In such a situation, a child predator can cross state lines knowing he/she is less likely to be pursued in the state with a more lax set of rules. This is unacceptable, and we need all states to implement a zero tolerance system for pursuing child predators.

Mark Klaas, whose 13-year-old daughter Polly was kidnapped and killed, has said, “The Amber Alert system, as it was conceived by the federal government, is an ill-conceived idea that was based on bureaucracy and not quickly disseminated information.” He's right.

So what's the solution? We need a national system with a single set of rules that are consistently applied in every state. When issuing Amber alerts, state law enforcement agencies should be using modern technology — cell phones, the Internet and GPS to maximize the rapid dissemination of vital information. The time has come for Congress to legislate a better system for protecting our children from possible abduction.

http://www.chron.com/disp/story.mpl/editorial/outlook/6535984.html

Mods please relocate if needed. Thanks.

Roamer
07-19-2009, 10:40 AM
I agree with you 100%. The system needs to be changed and fixed.

Faith
07-19-2009, 10:53 PM
I completely agree!!

foxfarmboxers
07-19-2009, 11:27 PM
I plan to be in touch with Jon Adler tomorrow, regarding taking this great step .... to an even higher level.

LiveLaughLuv
07-20-2009, 08:51 AM
Guidelines for Issuing AMBER Alerts
Every successful AMBER plan contains clearly defined activation criteria. The following guidance is designed to achieve a uniform, interoperable network of plans across the country, and to minimize potentially deadly delays because of confusion among varying jurisdictions. The following are criteria recommendations:

Law Enforcement Confirms an Abduction
AMBER plans require law enforcement to confirm an abduction prior to issuing an alert. This is essential when determining the level of risk to the child. Clearly, stranger abductions are the most dangerous for children and thus are primary to the mission of an AMBER Alert. To allow activations in the absence of significant information that an abduction has occurred could lead to abuse of the system and ultimately weaken its effectiveness. At the same time, each case must be appraised on its own merits and a judgment call made quickly. Law enforcement must understand that a “best judgment” approach, based on the evidence, is appropriate and necessary.

Risk of Serious Bodily Injury or Death
Plans require a child be at risk for serious bodily harm or death before an alert can be issued. This element is clearly related to law enforcement’s recognition that stranger abductions represent the greatest danger to children. The need for timely, accurate information based on strict and clearly understood criteria is critical, again keeping in mind the “best judgment” approach.

Sufficient Descriptive Information
For an AMBER Alert to be effective in recovering a missing child, the law enforcement agency must have enough information to believe that an immediate broadcast to the public will enhance the efforts of law enforcement to locate the child and apprehend the suspect. This element requires as much descriptive information as possible about the abducted child and the abduction, as well as descriptive information about the suspect and the suspect’s vehicle. Issuing alerts in the absence of significant information that an abduction has occurred could lead to abuse of the system and ultimately weaken its effectiveness.

Age of Child
Every state adopt the “17 years of age or younger” standard; or, at a minimum, agree to honor the request of any other state to issue an AMBER Alert, even if the case does not meet the responding state’s age criterion, as long as it meets the age criterion of the requesting state. Most AMBER plans call for activation of the alert for children under a certain age. The problem is that age can vary---some plans specify 10, some 12, some 14, 15, and 16. Differences in age requirements create confusion when an activation requires multiple alerts across states and jurisdictions. Overuse of the AMBER Alert system will undermine its effectiveness as a tool for recovering abducted children.

NCIC Data Entry
Immediately enter AMBER Alert data into the National Crime Information Center (NCIC) system. Text information describing the circumstances surrounding the abduction of the child should be entered, and the case flagged as a Child Abduction. Many plans do not mandate entry of the data into NCIC, but this omission undermines the entire mission of the AMBER Alert initiative. The notation on the entry should be sufficient to explain the circumstances of the disappearance of the child. Entry of the alert data into NCIC expands the search for an abducted child from the local, state, or regional level to the national. This is a critical element of any effective AMBER Alert plan.

Summary of Department of Justice Recommended Criteria
•There is reasonable belief by law enforcement that an abduction has occurred.
•The law enforcement agency believes that the child is in imminent danger of serious bodily injury or death.
•There is enough descriptive information about the victim and the abduction for law enforcement to issue an AMBER Alert to assist in the recovery of the child.
•The abduction is of a child aged 17 years or younger.
•The child’s name and other critical data elements, including the Child Abduction flag, have been entered into the National Crime Information Center (NCIC) system.

http://www.amberalert.gov/guidelines.htm

LiveLaughLuv
07-20-2009, 09:02 AM
The guidelines for Amber Alerts set by the Department of Justice are just that — guidelines, not requirements. South Carolina's process for initiating an Amber Alert differs in some ways from California's. In both states, the law enforcement agency has to believe the child was abducted. In South Carolina, unlike California, the law enforcement agencies have to exclude all other possibilities for a child's disappearance. Both states require the child to be 17 years old or younger or if older have a proven physical or mental disability. Unlike South Carolina and California, New Jersey says there must have been a short enough delay between the time the child was last seen and the time the child was reported missing to believe an Amber Alert will help locate the child. Some states won't issue an Amber Alert unless there is a vehicle description. Other states will.

The differences in state application of the federal guideline can result in one state issuing an Amber Alert while a neighboring state doesn't. In such a situation, a child predator can cross state lines knowing he/she is less likely to be pursued in the state with a more lax set of rules. This is unacceptable, and we need all states to implement a zero tolerance system for pursuing child predators.

Mark Klaas, whose 13-year-old daughter Polly was kidnapped and killed, has said, “The Amber Alert system, as it was conceived by the federal government, is an ill-conceived idea that was based on bureaucracy and not quickly disseminated information.” He's right.

So what's the solution? We need a national system with a single set of rules that are consistently applied in every state. When issuing Amber alerts, state law enforcement agencies should be using modern technology — cell phones, the Internet and GPS to maximize the rapid dissemination of vital information. The time has come for Congress to legislate a better system for protecting our children from possible abduction.

I feel guidelines should be uniform for each state..It shouldn't vary..Each state interpets the guidelines differently and if every state "thinks the same" it would be more effective in "who" gets an alert issued...

As of now it's a case by case decision...depending on the information given on a suspect...AA's are in place so if an abduction occurs in one state, the neighboring states should BOLO...you have to have a description of a vehicle, year, make, model, tag #...

What happens when it's a "foot" (for lack of a better word) abduction where no vehicle is involved? Is a description of the suspect enough? So many people look alike, how do you differentiate, w/o questioning everyone in a community who has dark hair, brown eyes???

Claycat
07-20-2009, 09:46 AM
There should only be one rule. An Amber Alert should be issued when a child goes missing, period!

foxfarmboxers
07-20-2009, 10:32 AM
I agree with both of you (LLL & Clay).....One rule, as Clay said, a child is missing, a AA should be issued. I feel that solution should apply to Silver Alerts also, where adults are concerned. There should be a uniform solution, across the United States, for effective training of law enforcement in how to properly handle a missing persons case, as well as the alerts that are used.

In our case, with Bo, a Silver Alert was issued, but in affect, what does that mean?.....it didn't get any more media coverage,.....the Silver Alert virtually did nothing.

Television was invented for an education tool. Media is another avenue that I believe should be mandated to make necessary announcements. One case should not get more attention than another (or none at all in some cases). Television and Radio stations should be utilized as a public service announcement type situation to get the word out there in ALL missing persons cases, whether it be a child or an adult. Period.

JMO