Pubdate: Tue, 01 Mar 2005
Source: Richmond Times-Dispatch (VA)
Copyright: 2005 Richmond Newspapers Inc.
Contact:  http://www.timesdispatch.com/
Details: http://www.mapinc.org/media/365
Author: Tyler Whitley

BARIL RECOMMENDS REFORM OF SENTENCING GUIDELINES

Republican hopeful for attorney general says they're too weak

Virginia's criminal-sentencing guidelines for nonviolent offenders need to
be reformed because too many criminals are getting out of jail too soon,
Republican attorney general hopeful Steve Baril said yesterday.

Speaking to a fund-raising luncheon for his campaign, Baril said the
guidelines "have become a prison-management tool."

In an interview afterward, Baril said he had not estimated how much the
tougher guidelines would cost the state, when people serve longer prison
terms. He added that law-enforcement officers and courts spend considerable
money chasing criminals who return to the streets.

Richard Kern, director of the Criminal Sentencing Commission, disputed
Baril's claims and said most of the guidelines were promulgated by the
sentencing commission set up by then-Gov. George Allen in 1994. Baril said
many changes have been made since then.

Baril, a Richmond lawyer, is one of two Republicans seeking the nomination
to run for attorney general in a June 14 primary. His opponent is Del.
Robert F. McDonnell, R-Virginia Beach.

Baril has taken a strong law-and-order stance. Earlier in the campaign, he
proposed recruiting, training and deploying 100 new state troopers.

Many members of the Richmond business establishment attended the Baril
luncheon at the Richmond Marriott Hotel. A similar luncheon last year raised
$250,000. Spokesmen said the snow held down this year's crowd, but 480 meals
were served.

Tickets for the luncheon started at $100, with suggested donations ranging
up to $5,000. Campaign officials said they could not immediately tally
proceeds from the event.

Rep. Eric I. Cantor, R-7th, the guest speaker, defended President Bush's
foreign and domestic policies and praised Baril as "a smart, competent
individual." Cantor and Baril are backed by the same campaign team.

Baril stood behind his criticism of the sentencing guidelines. He said the
desire to toughen the guidelines was brought to him by several
law-enforcement officials, including Chesterfield County Commonwealth's
Attorney William W. Davenport and Hanover County Sheriff V. Stuart Cook.

He cited the example of a Chesterfield man who was given less than two years
in jail under the sentencing guidelines, although a jury had sentenced him
to 15 years. Kern said juries don't sentence, judges do. Juries can only
recommend sentences, he said.

Kern said the guidelines are based on historical data and are designed to
prevent unfair, unjust sentences. There may be exaggerated cases, he said.

That's why the Virginia guidelines give judges discretion in imposing
sentences, he said.

Baril said the Criminal Sentencing Commission should hold public hearings
for commonwealth's attorneys and law enforcement, add jury trials to the
sentencing statistics, and give the General Assembly and governor more
oversight. 
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