TOUGH SENTENCING LAWS STILL HELPFUL

Higher recidivism rates among ex-convicts certainly are not an argument
against stiff sentencing laws. Some critics of the nation's "get tough on
crime" movement say the study does not support tough sentencing, however.

More criminals are leaving state prisons only to commit new offenses,
according to a study by the Justice Department. Prison systems in 15
states, including Ohio, were studied by the department. More than
two-thirds of inmates released from prisons in those states during 1994
were back behind bars within three years, the study found. Obviously, the
recidivism rate is higher than the study concluded, simply because some of
the ex-cons learned important lessons about how not to get caught.

For a variety of reasons, some states are reconsidering tough sentencing
laws. Some critics say the laws simply don't make sense. More effort should
be put into rehabilitating criminals than keeping them behind bars, say
opponents of lengthy prison terms. We suspect that in many states, there is
a more practical reason for taking another look at sentencing laws:
overcrowded jails and prisons. That certainly is the case in West Virginia,
where alternative sentencing strategies are being investigated and,
sometimes, tried out. Here in the Northern Panhandle, a "day report" center
program keeps tabs on minor criminals but also keeps them out of prison,
freeing up space for more dangerous offenders. It may be that states should
consider whether they are doing enough to rehabilitate convicts. Our sense
is that in West Virginia and Ohio, most ex-cons who return to lives of
crime are incorrigible and not likely to benefit from any rehabilitation
program.

What is the criminal justice system to do? We're not certain of the answer
- - but we see no reason to backtrack on tough sentences for some offenders.
If anything, the Justice Department study argues for even more harsh laws
concerning repeat offenders. Currently, a "three strikes, you're out"
system prevails in many states. Perhaps a "two strikes and you're in for
life" strategy would make more ex-cons think twice before committing new
crimes after they leave prison.

Americans tried for decades to rehabilitate criminals as an alternative to
keeping them locked up. It didn't work. The new study indeed argues for
another look at sentencing laws and rehabilitation policies - but it is not
persuasive as an argument for a sweeping movement to shorten prison sentences.