Legislature should give back judges' power to sentence

On the end of this session in Dover, the General Assembly has an opportunity to undo a misguided and expensive approach to criminal punishment. It should not waste this chance to restore Delaware judges to their proper role.

Minimum mandatory sentencing gives prosecutors the role that belongs to judges, and takes away judges' discretion to deal with defendants. These laws reduce judges to trial administrators.

Minimum mandatory sentencing arose in the 1970s in reaction to illegal drugs and violent crimes and the perception that judges were lenient with offenders. Legislators saw it as their responsibility to limit judges' ability to pronounce sentences.

This often meant that a first-time offender in possession of a paltry amount of illegal drugs was deemed a dealer and sent to prison for years. In reality, most such offenders were not dealers but had drugs they planned to use themselves. Of course, that's wrong but not always worth hard prison time. Home confinement, community service and drug rehabilitation may make more sense in personal, social and financial terms.

Lock up violent offenders

It costs about $25,000 a year to keep an inmate in prison in Delaware. That money should be spent to keep murderers, rapists and armed robbers locked up, not minor first-time drug offenders.

Minimum mandatory sentences has led to prison overcrowding, which is expensive on several levels. Bigger prisons and more corrections officers are needed. Warehousing prisoners means fewer drug rehabilitation and educational programs on the inside. When prisons are not humane, expensive lawsuits result and the state is forced to either build new facilities or let offenders out early.

The shortcomings of minimum mandatory sentencing has been recognized by local reform groups like Stand Up for What's Right and Just and prestigious national organizations like the American Bar Association. Last week, an ABA commission urged an end to minimum mandatory sentences in the United States. It characterized most such sentences as unfair and noted that many get-tough approaches to crime don't work. There's no evidence these laws make society safer.

Delaware judges are considered among the best in the country. Why then do legislators forbid them to make informed decisions in criminal justice matters.

House Bill 517, to repeal all minimum mandatory drug sentences, was introduced in the General Assembly last week. It is the perfect opportunity to restore fiscal intelligence and fairness.