The Economy Continues to Impact Justice
Today the Clarion Ledger writes again about the effect of state budget cuts on the judicial system. The article begins as follows:
Cost aside, alternative sentencing options such as Drug Court, house arrest, pre-trial diversion and other programs are designed to rehabilitate offenders. Not only are they cost effective at present, successful programs can decrease the rate of recidivism (repeat offenders) and reduce future costs as well.
Responsibility for the budget falls to the governor and our other elected representatives. But the fiscal crises in the judicial system is impacted by decisions made every day by local prosecutors, defense attorneys and judges. They too should be accountable for decisions made in plea negotiations and sentencing, and consideration should be given to each person charged with a felony to insure not just that the punishment fits the crime, but that the punishment fits the offender. Too often the judicial system looks at offenders not as individual people, but as the crime they are accused of committing. Those accused of like crimes are given identical plea offers and sentences. In reality, this is an apathetic way to sentence people from a wide variety of backgrounds.
Alternatives to incarceration exist, and they should be considered in every case - the American Bar Association says it well:
I have written previously about the potential effect of the poor economy on the criminal justice system, see Mississippi Bureau of Narcotics & the Economy, Mississippi Department of Corrections, Budget Cuts & Plea Negotiations and DUI Crackdown or Highway Patrol Fundraiser.
As state agencies respond to deep budget cuts, local and state officials are raising concerns about Mississippi's ability to protect the public, prosecute and try cases, and keep criminals behind bars.I have followed this topic with interest for some time, particularly the faulty sentiment that we need to "keep criminals behind bars" in order "to protect the public." Today's article goes on:The state's chief justice says Mississippi's judicial system is in "financial crisis."
County district attorneys say cuts could stall hundreds of criminal cases across the state.
Recently, the Republican governor warned that up to 4,000 prisoners could be released "onto civil society" if Democratic House leaders failed to give him authority to make cuts of varying amounts up to 10 percent.First, Ms. Carpenter is correct that statements like the one above represent an inappropriate scare tactic. Obviously there are a number of factors considered by the Mississippi Department of Corrections prior to granting early release, and persons convicted of violent crimes as in Ms. Carpenter's case simply would not be eligible. Hence the politically motivated scare tactic. Fortunately, the Clarion Ledger ends the article with this:
That Barbour talked about setting prisoners free without qualification angered Mary Torrence Carpenter, whose 17-year-old son was murdered nearly three years ago.
The two men who killed Carpenter's son would not have been eligible for early release, but the Morton mother said it was an inappropriate"scare tactic" that failed to consider the feelings of the state's crime victims.
Barbour said Tuesday he could agree to offset cuts using tobacco settlement funds. But he supported a failed plan pushed by House republicans to earmark $17 million for MDOC and restore little to education.Exactly. There are alternatives to incarceration that provide a greater societal benefit for those convicted of non-violent crimes at a reduced cost - this is recognized by the Mississippi Department of Corrections in this handbook and by the Mississippi judicial system, which has established Drug Court. As I have noted before, there is a significant cost difference between incarceration and available alternative sentencing options. For example, housing an inmate at Parchman costs $45.48 per day, while the Intensive Supervision Program (house arrest) costs just $9.96 per day. Clearly a cost savings of $35.52 perday is substantial. The cost difference between housing an inmate for one year in Parchman versus one year on house arrest? $12,964.80."What sort of sense does that make to put all of the money into the Department of Corrections to house and incarcerate young children, basically," said Rep. Tyrone Ellis, D-Starkville. "The reason they're being incarcerated is basically because they're not being educated."
If 4,000 convicts were let go early, Mississippi still would have one of the nation's highest incarceration rates, an advocacy group says.
About 750 of every 100,000 Mississippians are behind bars, said Marc Mauer, executive director of The Sentencing Project, a D.C.-based organization engaged in research and advocacy of criminal justice policy.
Minus 4,000 prisoners, that rate would drop to about 600 per 100,000.
"There's not a lot of evidence that shows that keeping someone there five years as opposed to three years will do any type of rehabilitation," Mauer said.
Cost aside, alternative sentencing options such as Drug Court, house arrest, pre-trial diversion and other programs are designed to rehabilitate offenders. Not only are they cost effective at present, successful programs can decrease the rate of recidivism (repeat offenders) and reduce future costs as well.
Responsibility for the budget falls to the governor and our other elected representatives. But the fiscal crises in the judicial system is impacted by decisions made every day by local prosecutors, defense attorneys and judges. They too should be accountable for decisions made in plea negotiations and sentencing, and consideration should be given to each person charged with a felony to insure not just that the punishment fits the crime, but that the punishment fits the offender. Too often the judicial system looks at offenders not as individual people, but as the crime they are accused of committing. Those accused of like crimes are given identical plea offers and sentences. In reality, this is an apathetic way to sentence people from a wide variety of backgrounds.
Alternatives to incarceration exist, and they should be considered in every case - the American Bar Association says it well:
A rational criminal justicesystem would—while shortening sentences of certain offenders—keepothers out of prison altogether. With alternative treatments and punishments, a state shrinks its prison budget, allows convicts to keep their jobs and support their families, and makes recidivism less likely.We can hope.
I have written previously about the potential effect of the poor economy on the criminal justice system, see Mississippi Bureau of Narcotics & the Economy, Mississippi Department of Corrections, Budget Cuts & Plea Negotiations and DUI Crackdown or Highway Patrol Fundraiser.
Posted by Kevin W Frye at 31 January 2010, 9:31 AM 
Categories: MS Criminal Procedure,MS Drug Laws,MS Criminal Law News
Categories: MS Criminal Procedure,MS Drug Laws,MS Criminal Law News
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