Pubdate: Tue, 13 Apr 2004 Source: Montgomery Advertiser (AL) Copyright: 2004sThe Advertiser Co. Contact: http://www.montgomeryadvertiser.com/ Details: http://www.mapinc.org/media/1088 Bookmark: http://www.mapinc.org/prison.htm (Incarceration) SENTENCE RULES MODEST REFORM 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. - --- MAP posted-by: Terry Liittschwager