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| Sentence rules modest reform | |||||||||||
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4/13/2004 Montgomery Advertiser The consistent
application of justice is fundamental to maintaining public confidence in
the judicial system. A critical element of that consistent application is
the handing down of similar sentences for similar offenses, which is not
always the case in Alabama. Because the range of
sentences for various crimes is often too broad, Alabamians have sometimes
seen large discrepancies in the sentences given for crimes that are
essentially the same. That's not terribly surprising with such sentencing
ranges as one to 10 years. Judges certainly
should have some discretion in sentencing, given their familiarity with
the specific cases, but overly broad sentencing ranges hold great
potential for problems. The Alabama Sentencing
Commission has been working for several years to develop revised
sentencing guidelines for judges. The commission presented the new
sentencing structure last week. The reforms are modest, but they represent
a significant step in the right direction. "It is not a
radical departure from what we're doing, but it is a departure," said
Joseph Colquitt, the retired circuit judge who chairs the commission. The guidelines -- and
that's all they are; judges are not bound by them -- instruct judges to
consider the severity of the current offense, along with any prior
misdemeanor or felony convictions, previous incarceration or juvenile
delinquency. The guidelines cut
minimum sentencing ranges for property crimes by 20 percent and cut
minimum ranges for some drug crimes by 30 percent. For certain drug
felonies, now in the one-to-10-year sentencing range, the guidelines
tighten the range to 13 months to 65 months. That's still a broad range,
but much closer than the spread of the current range. Another factor in
maintaining public confidence in the system is having sentences which
reflect something at least approaching the actual time an individual is
likely to spend in prison. Unreasonably long sentences that end up
dramatically shortened take a heavy toll in credibility. The revisions proposed by the Sentencing Commission may not go as far as some would wish, but they are an improvement well worth implementing. |
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