GETTING TOUGH ON CRIME

Criminals who use guns face additional penalties

A 5-4 decision from the U.S. Supreme Court Monday ensured that judges won't
have a problem lengthening the prison sentences of people who use guns
while committing other crimes.

This recourse will be available even if the defendant hasn't been convicted
of any charge specifically using the gun.

Justices needed to make this clarification because two years ago, they
ruled that allegations leading to more-severe penalties must be included in
an indictment and proven to a jury.

Although the ruling was made in a specific case, it will have widespread
ramifications. The main positive effect should be that it will crack down
on guns being used in crimes and should, once criminals realize what it
means to their futures, act as a deterrent to mixing firearms and crimes.

The basic issue was when federal prosecutors win convictions for such
crimes as drug dealing, they sometimes get judges to consider harsher
sentences because a weapon was involved. The high court granted judges the
ability to decide whether defendants used weapons in their crimes, and said
the judges could use a lesser proof standard than juries.

The justices' decision also had the salutary effect of heading off what
would have been a nightmare of litigation involving the prison sentences of
thousands of inmates and would have put in jeopardy sentencing guidelines
in practically every state. Texas was one of 24 states that intervened in
the case and asked the Supreme Court to return the ruling it did.

This preserves the availability of minimum sentencing and promises that
more criminals who use guns in their crimes will be put away for a longer
stretch.

Nothing wrong with that.