Alternatives To Incarceration (Due to Government Debt)

You don’t have to look very far in the news headlines to see a state discussing changes to their sentencing laws or practices, favoring more treatment over incarceration. And while there is evidence that treatment can be more effective in reducing recidivism than incarceration (in the case of nonviolent drug offenses), much of these changes are being spurred by a simple lack of money. [Read more…]

Crime and the Mentally Ill

While many people are discussing the direct effects of a struggling economy on crime rates, some are missing a big contributing factor to this equation—the mentally ill. Mental illness, ranging from depression to schizophrenia, can increase someone’s propensity to break the law. And with community treatment options being cut across the country with strapped budgets, more and more people who would benefit from these community resources are instead being funneled into the criminal justice system. [Read more…]

How Much Does A Prison Sentence Cost?

Under a new system, Missouri judges are able to tell you exactly how much the tab will be on a defendant’s potential prison sentence and compare that tab with the discounted probation price ticket. That state’s sentencing advisory commission is taking some heat for their cut and dry cost analysis approach to sentencing considerations. Advocates promise, however, that price is only one small factor that may be taken into consideration at sentencing time. [Read more…]

Crime Victims Families and the Manhattan (Ground Zero) Mosque

The issue of a proposed Muslim community center in Manhattan has generating tremendous political controversy during the normally quiet month of August.

Opponents to the construction of the so-called Ground Zero Mosque say that this location is hallowed ground, and building a Muslim community center so closed to the site where Islamic terrorists killed 3000 Americans is insensitive to the victim’s families.

Ground Zero // NYC
Creative Commons License photo credit: AchimH

The developers of the Park51 Community center are planning to build at the location two blocks from the site of the World Trade Center.  And the mission statement of the center includes promoting diversity and inter-religious dialog.

On paper, the dispute boils down to the center’s Constitutional rights to freedom of expression and freedom of religion vs. the opponents right to not be offended and uncomfortable. The facts of the case are simple enough, and there is virtually no legal justification to deny the right of the builders to proceed.

But the critics of the development still hope to get the project stopped or relocated. They are hoping that protests and discomfort by the public at large may force some compromise, as a unifying gesture.

The Rights and Influence of Crime Victims

There is an interesting question as to what kind of influence is reasonable from people who are potentially prone to emotional bias, however understandably.

There is a direct parallel with criminal trials and criminal sentencing.

The families of the victims of any tragedy are understandably emotional about what they have been through. No one expects them to be objective observers or able to fairly judge matters that relate to their experience.

That’s why crime victims or family members are instantly disqualified from juries in criminal trials. The sister of a murder victim is not qualified to judge a murder trial. Everyone understands how difficult it would be for that person to apply the law impartially.

Fortunately, we are a nation of laws that strives to provide impartial justice and equal access to civil and criminal justice.

But some states do allow victims impact statements as a formal part of the judicial process.

In this case, any remedies in the Park51 are likely to be extra-legal, to be agreed upon voluntarily.

Those suffering with grief and anger should never be asked to judge a fair outcome related to their tragedy. A civil and just society is best served by an impartial judgment, with consideration only for the fairest outcome for all.

Dept. of Justice Defends Drug Courts Before House Panel

Drug courts are specialized courts that seek to keep people out of the criminal justice system. Rather than focusing on punitive measures like prison time, they instead focus on rehabilitation and prevention. Despite such courts coming under fire from the Department of Justice’s (DOJ) Inspector General, the DOJ’s acting Director of the Bureau of Justice Assistance defended them before a House Panel this week. [Read more…]

Crack-Cocaine Sentencing Disparities Reduced By Congress

Last week Congress moved to reduce the disparities between the crack cocaine and powder cocaine sentences. The difference between the two had been a point of controversy since the 1980s with critics claiming the difference was racist and completely irrational. [Read more…]

White Collar Crimes like Fraud Getting Harsher Sentences Nationally

In an article from the New York Times this week, Peter J. Henning addressed a growing trend of exceptionally harsh sentences for federal white collar crimes. Many high profile cases over the past several years have left people sentenced to over 100 years behind bars, essentially giving them a life sentence—something previously only reserved for violent criminals. [Read more…]

Judges Taking Prior Military Service into Account at Sentencing

The New York Times this week reported on a growing trend of federal judges to be slightly more lenient to recently deployed soldiers at sentencing time. While special treatment might be constitutionally questionable, taking a defendant’s state of mind at the time of the crime is a common practice. [Read more…]