Pubdate: Sun, 15 Oct 2000 Source: News Journal (DE) Copyright: 2000 The News Journal Contact: Letters to Editor, Box 15505, Wilmington, DE 19850 Fax: (302) 324-2595 Website: http://www.delawareonline.com/ WHY MUST DELAWARE JUDGES BE HANDCUFFED? Why does the General Assembly keep our judges from doing what they were and trained to do: make judgements. The article by Kathleen M. Jennings on the cover of the Perspective section articulates how minimum mandatory sentencing has crippled our judicial system. There is no evidence that Delaware's judges ever have been soft on crime. There is ample evidence have used common sense, solid pre-sentence information and legislative intent to make appropriate criminal sentences. The wisdom of mandatory minimum sentences has been questioned almost from the the moment it was enacted. Because it leaves no room for judgement, such sentences often punish those only marginally guilty while leaving those who mastermind crimes to go free or serve only minimum sentences. Minimum mandatory sentences grew out of a national movement that claimed judges let criminals off with light sentences. The contention may have been true in isolated cases. But there was no evidence to support a legislative campaign to take sentencing discretion away from judges. But a few Delaware legislators were willing to accept bombast,rumor and innuendo as facts. They pandered to a public concerned about widespread drug use. About the same time, the General Assembly approved a sentencing accountablity system that gave judges, in cooperation with prison officials, the discretion to mete out appropriate punishment. While the system works in certain situations, it has been rendered worthless in drug crimes, where minimum sentencing is most prevalent. The price to Delaware tax payers for this legislative meddling is high. The cost of building prisons and hiring corrections officers has skyrocketed. We no sooner build a new prison than it is full. One need have no sympathy for convicted criminals to recognize that unless the state provides adequate facilities for them,costly lawsuits are brought. Making sur a prisoner has proper clothing, food and a place to sleep is hardly coddling. But some legislators would have us believe it is. Earlier this year, state Sen. Myrna Bair proposed a study ofthe effects of minimum mandatory sentencing. It was blocked by Sen. Thomas B. Sharpe, one of those who initiated this misbegotten approach to justice. That was a mistake the new legislature should rectify. It's time we let judges judge. - --- MAP posted-by: Andrew