What do you think about our current sentencing process in criminal court

[Leland Pate]

Should the current sentencing process we use in American courts be changed?

It is confusing to me because there are so many different standards used by different levels by different states etc. There are federal guidelines and some states use metrics or grids to determine sentences.

What about mandatory minimum sentences? It just reminds me of a System of a Down song...

Curious to hear your thoughts on this.

[Joeaksa]

Most people agree that mandatory minimums is not working and is only filling up the country's prisons. Problem is that it needs to be fair and uniform.

First thing is to decriminalize pot and soft drugs. If we do not do that then we need to criminalize whiskey, vodka and so on because I can get just as happy on several drinks as I ever was on a joint. It will happen, its just a matter of time and this alone is filling up our prisons right now.

[legion]

We need to go after the serious stuff more aggressively while at the same time completely removing any personal choice or social engineering from the criminal code.

[JSDSKI]

The mandatory sentencing "craze" from awhile back has done nothing but make prison construction and management a growth industry. We need to put sentencing back in the hands of the people who are in the trenches everyday - judges, da's, and defense atty's. Remove all mandatory sentencing legislation from the books.

Separate prison population by demographic - violent criminals in one prison, young prisoners in another, 1st and 2nd timers separated from gang and pro-criminals. Refocus imprisonment on those that keep committing crimes and re-entry programs only on those with 1st or 2nd time offenses.

Then, as JoeA and Legion say, our society needs a serious discussion about what we do and do not want "criminalized" - and follow through with legislation.

[Dottore]

Originally posted by Joeaksa
Most people agree that mandatory minimums is not working and is only filling up the country's prisons.

First thing is to decriminalize pot and soft drugs.

It will happen, its just a matter of time and this alone is filling up our prisons right now.

Absolutely right Joe!

[legion]

Originally posted by JSDSKI
Separate prison population by demographic - violent criminals in one prison, young prisoners in another, 1st and 2nd timers separated from gang and pro-criminals. Refocus imprisonment on those that keep committing crimes and re-entry programs only on those with 1st or 2nd time offenses.

Prison is the best trade-school in the country. Where else can you go in a petty thief or pothead and come out and hardened gang member or drug trafficker? You even graduate with an extensive network of contacts.

[fastpat]

First, most Americans approve of the states handling criminal issues, in fact there is no authorization for the federal government to have any police force, much less get involved in law enforcement.

Taken as a whole, America already incarcerates more people per capita than almost any other western country, so putting people in jail isn't the problem.

What appears to be a problem is that too many things are considered crimes for which jail is the punishment. We could probably roll back to about 1900, that is to say things that were illegal in 1900 is all that should be illegal today, with certain things that might have been illegal then eliminated (forced specific seating on public transportation for example), and beginning to concentrate on jailing those perpetrating crimes of violence as at least a partial solution.

[LakeCleElum]

Sentencing guidlines are not the problem......Early release is....where I live, we've had 4 police officers killed in the last 6 months by felons that were released early and in violation of their parole agreement.

It's all about dollars.....Taxpayers don't want to foot the bill for more prisons/staff. We offer probation and early release so society can once again be victims of those that should have been locked up....

Legalize drugs.....Why, they don't lock them up as it is now....They all end up in "diversion programs".....

[nota]

about half the people in prison belong there
the others are part bad luck and bad friends
or they pissed off someone rich/powerfull
Sentencing guidlines esp mandatory minimums
are a very bad idea some of the time esp for kids

here in florida we send 12 year olds to jail for life
and thats just beyond wrong

plea bargains are a big problem
pro crooks know how to work the system and get off lighter
for fake info on others

true innocents get screwed because they willnot cop a plea
so are liable to get a max sentence even death in a capital case
right to a trial should not be taxed with a longer term

drug runners often kids get long terms for carrying stuff they do not own or control in laws made to get major dealers

the justice system is not just or fair or rational

at true way to judge a civilization is in how they treat the lowest members
USA fails in homeless and prisons by a wide margin
and has both way too many in prison for too long in terrible living condisions

parole has been cut back too far

[pwd72s]

I've been called to jury duty several times...I hold nothing but contempt for the so-called justice system. It's as much a farce as any other bureaucracy. Is there a better alternative? Damned if I know...

[david c.]

The fundamental tension here is, as usual, one of the seperation of powers. How much oversight over sentencing should the legislature retain and how much should be vested in the judiciary? Judges want more discretion. Legislators want to be "tough on crime" just like any other stump speech gimme topic. The passage of mandatory minimums and the resultant effect just goes to show how little foresight the legislative branch of government usually has. Typically, that foresight extends right up to the next relevant election day.

The issue of judicial independence has been an increasingly hot topic in recent years, thanks to loons like O'Reilly, who use bad examples to fuel witch hunts on the judiciary. Given the assault on judicial independence, and the obvious self-serving interest that legislators have in being "tough on crime," it seems to me that the civil liberty interest gets lost in the middle somewhere. Consider the recent gutting of the federal habeas statute if you want evidence of which way the tide is flowing on this topic.

This debate really shouldn't be about who has the authority to sentence. It should be about how our supposedly leading society addresses its penal system. It is a oft-stated maxim that a given society's degree of civilization is most clearly seen in how it treats its prisoners. I'm not a prisoner rights advocate, but I do know for a fact that issues like attorney ineffectivenss and issue waiver make it difficult for convicts to get a fair shake - even after they've been convicted and are rotting in jail.

What's the solution? Probably a mix of the above including the need to revisit the propriety and effectiveness of mandatory minimums. Do they deter crime, or do we have less crime because a higher fraction of would be criminals are incarcerated for greater portions of their lives? But, until it becomes something other than political suicide to argue a position that is "weak on crime," this debate will go nowhere. More prisons will be built, filled, and the cycle will repeat.

[Rick Lee]

Where are we gonna put them all when I'm king for a day and make it a felony to talk on a cell phone while driving and ride in the left lane?

[Jeff Higgins]

Originally posted by fastpat
First, most Americans approve of the states handling criminal issues, in fact there is no authorization for the federal government to have any police force, much less get involved in law enforcement.

Taken as a whole, America already incarcerates more people per capita than almost any other western country, so putting people in jail isn't the problem.

What appears to be a problem is that too many things are considered crimes for which jail is the punishment. We could probably roll back to about 1900, that is to say things that were illegal in 1900 is all that should be illegal today, with certain things that might have been illegal then eliminated (forced specific seating on public transportation for example), and beginning to concentrate on jailing those perpetrating crimes of violence as at least a partial solution.

I think we actually incarcerate more than any other western country, and are somewhere near the top of the list world-wide. The margin between the U.S. and other western countries is not just a few percentage points, either.

We do have too many laws that when broken will result in incarceration. All the while we demonstrate a lack of resolve to keep the repeat offenders behind bars, the ones who repeat serious crimes. Our prisons are full, but not full of the right people.

The overcrowding leads to early releases, plea bargains, and other shenanigans that release dangerous offenders back into society. All to make room for folks that should not be in prison to begin with. But before we talk sentencing reform for the repeat offenders, the dangerous criminals, we need to free up some space to put them.

[fastpat]

Originally posted by Rick Lee
Where are we gonna put them all when I'm king for a day and make it a felony to talk on a cell phone while driving and ride in the left lane?

You'll need a larger apartment, that's where we'll put them in hour 25.

[RoninLB]

The War on Drugs is a failure. Time for another idea.