WHY MUST DELAWARE JUDGES BE HANDCUFFED?

Why does the General Assembly keep our judges from doing what they were and
trained to do: make judgements.

The article by Kathleen M. Jennings on the cover of the Perspective section
articulates how minimum mandatory sentencing has crippled our judicial
system.

There is no evidence that Delaware's judges ever have been soft on crime.
There is ample evidence have used common sense, solid pre-sentence
information and legislative intent to make appropriate criminal sentences.

The wisdom of mandatory minimum sentences has been questioned almost from
the the moment it was enacted. Because it leaves no room for judgement, such
sentences often punish those only marginally guilty while leaving those who
mastermind crimes to go free or serve only minimum sentences.

Minimum mandatory sentences grew out of a national movement that claimed
judges let criminals off with light sentences. The contention may have been
true in isolated cases. But there was no evidence to support a legislative
campaign to take sentencing discretion away from judges.

But a few Delaware legislators were willing to accept bombast,rumor and
innuendo as facts. They pandered to a public concerned about widespread drug
use.

About the same time, the General Assembly approved a sentencing
accountablity system that gave judges, in cooperation with prison officials,
the discretion to mete out appropriate punishment. While the system works in
certain situations, it has been rendered worthless in drug crimes, where
minimum sentencing is most prevalent.

The price to Delaware tax payers for this legislative meddling is high. The
cost of building prisons and hiring corrections officers has skyrocketed. We
no sooner build a new prison than it is full.

One need have no sympathy for convicted criminals to recognize that unless
the state provides adequate facilities for them,costly lawsuits are brought.
Making sur a prisoner has proper clothing, food and a place to sleep is
hardly coddling. But some legislators would have us believe it is.

Earlier this year, state Sen. Myrna Bair proposed a study ofthe effects of
minimum mandatory sentencing. It was blocked by Sen. Thomas B. Sharpe, one
of those who initiated this misbegotten approach to justice. That was a
mistake the new legislature should rectify. It's time we let judges judge.