LET PUNISHMENT FIT THE CRIME

The penalty should fit the crime, according to the Eighth Amendment of the
U.S. Constitution, which protects those convicted of a criminal offense
from facing cruel or unusual punishment.

There are many rights afforded to those accused of a crime and even more
established to protect people who are convicted. Such measures form the
backbone of this country's legal system, one that is in place to ensure
innocent parties are not wrongly prosecuted. This is one of the reasons
America is known as the Land of the Free.

But who speaks for the victims of said crimes?

Local, state and federal prosecutors are charged with this task. However,
their voices are muffled by the numerous safety measures in place to
protect criminals. Worse yet, once prosecutors attain a conviction, if they
don't cop a plea first, judges are further restricted by an antiquated
sentencing system that outlines the minimum and maximum fines and penalties
that can be imposed for each offense.

This cookie-cutter method of justice is outlined in the "West Virginia
Criminal and Traffic Law Manual." It is the same legislation that will be
used to sentence Steven W. Wilburn, 32, of Davisville, who pleaded guilty
Tuesday to charges of child neglect resulting in injury, a felony, and
driving under the influence resulting in death, a misdemeanor. Wilburn was
charged in the death of his 3-month-old son, Matthew, following a car
accident on Feb. 10, 2002, near Mineral Wells.

His sentencing will be Aug. 25, and he faces a maximum of one to three
years in prison and a fine of $100-$1,000 on the felony charge. This stems
from a broken leg suffered in the crash by the 19-month-old child of
Wilburn's girlfriend, and later wife, Rhonda Brookover Wilburn. (She
received four years probation for allowing Wilburn to drive her children
while he was intoxicated and for contributing to Matthew's death.)

Under state law, driving under the influence resulting in death carries a
penalty of 90 days to one year in jail and/or a fine of $500-$1,000.

Therefore, according to state law, Wilburn faces serving more time for
injuring one child as a result of the accident than he does for killing the
other. This is justice?

I am sickened by such an imbalance in the system's scales. And the
difference between the penalties for the two charges is just the beginning.

While Wilburn will serve a minimal sentence for causing Matthew's death,
convicted criminals for other alcohol/drug-related offenses face stricter
penalties even though these crimes do not result in death.

According to state code:

* Any person convicted of possessing a non-narcotic Class I-III controlled
substance, such as marijuana, faces one to five years in prison and/or
fines up to $15,000. (If the drug is a narcotic, the penalty increases to
one to 15 years in prison and/or a fine up to $25,000.)

* Any person convicted of transporting a controlled substance into the
state with intent to distribute or manufacture said substance faces one to
five years in prison and/or fines up to $15,000. (If the drug is a
narcotic, the penalty increases to one to 15 years in prison and/or a fine
up to $25,000.)

* Possession of drug paraphernalia carries a penalty of six months to one
year in jail and/or a fine up to $5,000.

The latter sentence carries more weight than the misdemeanor negligent
homicide penalty for which Wilburn will be sentenced. In our society, we
give more credence to carrying a water bong in one's car than killing a
person with one's vehicle. Both are punishable offenses. Only one results
in death.

How then is justice truly served? It won't be in Matthew's case or the many
others that are tried in West Virginia's courts.

It won't be until legislators make it a priority to review the state's laws
and re-evaluate penalties for all crimes to ensure the punishment fits the
offense. In the Wilburn case, his sentence indeed will be cruel and unusual
- - to Matthew.