Another child has been abducted and killed by a career criminal. While this story is all too common in the news today, the murder of Carlie Brucia struck a nerve with Americans as they saw the videotape of a predator stake her out and capture her to ultimately kill her. The predator, Joseph Smith, is a criminal with a lengthy 'rap' sheet filled with drug and violent crime charges and convictions.

As background information on Smith unfolded, what emerged was a textbook example of how America's criminal justice system has failed. The only way to deter criminals is to have justice that is SWIFT, SURE and SEVERE. Justice for Smith was never SWIFT, SURE or SEVERE. And now, a little girl is dead. Carlie's death should not be in vain. It should prompt much-needed reform to our criminal justice system to deal more effectively with repeat violent offenders who prey on innocent children.

There were so many failures that contributed to Carlie's death. Start with Smith's 1998 acquittal on the charge of false imprisonment for grabbing a woman off the street, and trying to forcibly carry her away while threatening her with a knife. Rather than charge him with attempted kidnapping, prosecutors chose false imprisonment. Smith claimed that he was trying to save the woman from running into traffic. Unfortunately, the facts of the case didn't comport well with the elements of false imprisonment, and Smith was acquitted.

His troubles did not stop there. Smith had numerous drug convictions. Yet, while numerous parole violations occurred, both probation officers and judges assigned to Smith's case excused them away and failed to take swift action to reincarcerate Smith.

Finally, once Carlie was abducted, the Amber Alert system was not immediately triggered. Instead, the sheriff's department chose not to use the system until a full day had passed after Carlie's disappearance. They claimed they had no clear indication Carlie was in danger until the videotape was brought to their attention. While some discretion is warranted before issuing an Amber Alert, this was an eleven, not sixteen, year old girl who did not return home by her bedtime. Her parents reported her missing. This should have been enough to conclude that she was in danger.

There is no worse fear for a parent than the risk that their child is taken while walking home or playing in the yard or at the park. While immediate reincarceration for repeat parole violators is a start, the simple truth is criminal laws need to be changed to address this growing threat. One simple solution is an 'automatic escalation provision' in punishment for crimes where the victim is a child. If the victim is a child, then the punishment for the crime, whether kidnapping, rape, murder or something else, is doubled. Children are the most vulnerable; they deserve the most protection; and those who harm them deserve the most punishment.

Smith now faces murder and kidnapping charges. If justice operated the way it should, Smith would receive his punishment swiftly, surely, and severely. However, the justice system remains broken, and the best hope is that Smith is tried in a year or two, is convicted of murder, gets the death penalty, and is executed many years from now - long after most have forgotten Carlie Brucia.