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April 2007
Read On About:
HB 71:
Mandatory Minimum Drug
Sentencing Law
Passes in the House
SURJ is pleased to report that on Tuesday, April 3, 2007, the Delaware
House of Representatives passed H.B. 71 by a strong 26-13 majority.
Although we should all enjoy this victory, the fight to pass this
crucial piece of legislation is not yet over. H.B. 71 still needs to
pass in the Senate, and the SURJ office has already begun planning for
this next stage. SURJ’s members are vital to our efforts and we will
continue to keep you informed and let you know how you can help.
Thank you to
everyone who came down to Legislative Hall to show their support. There
was standing room only in the House Chamber! Thank you to Speaker Terry
Spence (R-Stratford), the bill’s primary House sponsor, who fought hard
to make sure that this bill received the debate and hearing it deserved
and thank you to all of the other legislators who support HB 71.
Speaking on
behalf of the bill were SURJ Board Members Edmund “Ned” Carpenter, II,
Esq., Thomas A. Foley, Esq., and the Honorable Joseph T. Walsh. SURJ
Trustee and former Attorney General, Charles M. Oberly, Esq., also spoke
in support of the bill.
In his
remarks to the House, Ned Carpenter stressed that both supporters and
opponents of this bill agree on several things—that the drug trade is a
serious problem and that mandatory minimum sentences transfer
significant power to the prosecuting attorney. The desire to retain the
ability to threaten defendants, Mr. Carpenter said, will be the primary
reason why opponents will not support the bill. Additionally, the
opposition cannot claim that our judiciary is incapable of handing down
fair sentences, since Delaware’s judges have consistently been highly
ranked in national studies.
Tom Foley
pointed out that this bill has nothing to do with diminishing law
enforcement’s capabilities - the police will continue to aggressively
pursue crime. The real question, he said, is whether justice demands
that each and every offender should serve a mandatory minimum sentence.
Delaware’s frequent use of plea bargaining, he pointed out, illustrates
the widely held belief that a mandatory minimum sentence is not
appropriate in every case. Defendants should have the opportunity to be
heard, and judges should be able to consider the whole picture instead
of using a sentencing “cookbook”. “If a guy is a bad apple, he will
still go to prison under this law,” Foley argued.
When Justice
Joseph Walsh addressed the House, he reflected on his experiences as a
judge. “Sentencing is the hardest part of being a judge,” he said.
Judges must focus on the offense that has been committed while also
focusing on the individual, a difficult balance. With mandatory minimum
sentencing, Judge Walsh argued, a Judge is unable to establish a balance
at all because the entire focus is on the amount of drugs involved in
the crime. Judge Walsh also expressed his confidence in Delaware’s
judiciary. “I know every judge in this state, and there are no
soft-on-sentencing judges,” he firmly stated.
Please
continue to check your e-mail for updates on HB 71!
Incarceration: The Best Public Safety Solution?
Over the past few decades, incarceration has increasingly been used as a
tool to promote public safety. The rise in the incarceration rate and
the seemingly constant expansion of prisons is evidence of our reliance
on incarceration to fight crime. However, the continuing presence of
crime and the rising cost of incarceration beg the question of whether
or not incarceration has proven effective in preventing crime and
promoting public safety.
Certainly, there are those for whom imprisonment is a necessary
punishment, but these serious offenders are not the ones who are
overcrowding our prisons. The United States leads the world in
incarceration rates, and this is not because our citizens are generally
more prone to break the law.
It is
time to become more pragmatic about seeking solutions for fighting
crime. By constantly expanding our
prison system, we are not reducing criminal behavior. It is no longer
acceptable to assume that incarceration alone is enough to have an
impact on crime.
According to the Bureau of Justice Statistics, the rate of incarceration
in 2005 in prison and jail was 737 inmates per 100,000 U.S. residents. 1
in every 136 U.S. residents was incarcerated in a state or federal
prison or a local jail, and national spending on corrections jumped from
$9 billion to $61 billion between 1982 and 2004.
As
these bleak statistics reflect, Americans have generally come to embrace
incarceration as the best tool to enhance public safety and fight
crime. A new approach is desperately needed. Only by getting “smart on
sentencing” will public safety be increased in a meaningful way.
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In 1982 1,747 inmates were
housed in Delaware. Today the inmate population in Delaware is
approximately 7,000.
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In 2001, Delaware completed a four year $180 million expansion and we
stand ready to embark on another round of costly prison expansion.
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1 in 13 of Delaware's budget dollars is spent on corrections.
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Each inmate in Delaware costs our state $30,000 per year.
Prison Ministries Needs Your Help!
Prison
Ministries of Delaware is in need of toiletry items (plastic containers
only) and large sized women’s winter coats and professional clothing for
female inmates on work release. Mentors are also needed for Prison
Ministries’ mentoring program. If you have items to donate or are
interested in becoming a mentor, please contact
Joanna by e-mail or by calling
(302) 426-9252 to learn more.
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SURJ Names Former FBI Director Louis J.
Freeh
as Board Chair
A
member of the SURJ Board since 2004, the Honorable Louis J. Freeh was
elected Board Chair this past November. From 1993 to 2001, Judge Freeh
served as Director of the Federal Bureau of Investigation. He has also
served as a Special Agent of the FBI, as an Assistant United States
Attorney, and as United States District Judge for the Southern District
of New York. Judge Freeh will replace Governor Dale E. Wolf, who is
retiring after serving four years as SURJ’s Board Chair. Gov. Wolf
remains on the SURJ Board as a Vice Chairman. Also elected as Vice
Chairs are the Honorable Joseph T. Walsh, retired
Delaware Supreme Court Justice and the Reverend Canon Lloyd S. Casson,
the rector of the Episcopal Church of Saints Andrew and Matthew.
Judge
Freeh has already played a vital role in SURJ’s efforts to repeal
Delaware’s mandatory minimum drug sentencing laws. In a recent News
Journal article, Freeh said, “Some people told me I’d be one of the last
people they thought they’d see pushing this initiative.” However,
Freeh’s experience as a federal judge convinced him that change was
needed. As a federal judge, he recalled having to sentence 20-year-olds
who were drug users – but not dealers – to nearly two years in prison
knowing that they would come out hardened by the prison system.
Efforts to Pass Federal Second Chance Act Continue
The Federal Second Chance Act (H.R.
1593 / S. 1060) was reintroduced in both houses
of Congress in late March, marking continued efforts to pass the Act
despite the bill’s blockage at the end of the Congressional Session last
December. First introduced in 2005, the bill is strongly supported by
President Bush and aims to provide $100 million in grants to states and
local governments for promoting successful prisoner reentry into the
community.
Among
the 700,000 people who leave state prison this year, more than
two-thirds will be arrested again within three years. The Second Chance
Act would provide much-needed federal muscle to fund and recommend
programs that each state could customize according to its needs.
Please contact your U.S. Senators and
Representative and tell them that you support the Second Chance Act.
Senator Joe Biden
(302) 573-6345.
Senator Tom Carper
(302) 573-6291
Representative Mike Castle
(302) 428-1902
SURJ
and the Delaware Center for Justice Co-Sponsor Visions of Justice
VIII
Eighth Annual
Visions of Justice
Forum“Implementing Prisoner Reentry”
Clayton Hall, University of Delaware
May 22, 2007
8:30 a.m. to 12 noon
Research on prisoner reentry will be presented, and Corrections
Commissioner Carl Danberg and other service providers will be speaking
about their reentry efforts. This event is free and open to the public,
but a $20 fee is requested for those wishing to join the speakers for
lunch. RSVP by May 18th to (302) 658-7174 ext. 10 or
center@dcjustice.org.
Click
here to see
information on past Visions of Justice forums.
Thank you!
Thank you to
all SURJ members who have generously donated to SURJ during our Annual
Appeals drive. Without the support of our members, we would not be able
to continue the important work we are doing to ensure the best quality
of justice in this state. If you have not yet donated to SURJ, please
consider doing so. We can be proud of our accomplishments, but there is
so much more that remains to be done!
Send
Us Your E-Mail Address!
Most of
our communication with our members is through e-mail. We don’t send out
many e-mails, but it’s the best way for us to keep you informed in a
timely manner about legislation and upcoming events. If you have not
received an e-mail from us recently, please take a moment to e-mail
Joanna or call her at (302)
426-9252 with your e-mail address or contact information changes.
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