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.