SENTENCING OF CRIMINALS SHOULD DETER OFFENDERS

One of the maddening aspects of the fight against illegal drugs is the rate at which the same people keep committing the same crimes. Legitimate business thrives on repeat customers; the judicial system should not entertain such an arrangement. If drug offenders those who sale and those who use are to take seriously the extent of their crime, the criminal justice system must impart to them a clear signal. Some reform in the way this business is conducted remains in order.

We support Cape Girardeau County Prosecuting Attorney Morley Swingle in advocating a "truth-in-sentencing" law in Missouri state courts. Swingle told the Zero Tolerance news team (a cooperative unit involving Southeast Missourian and KFVS-TV staffers) that sentences handed down by state court judges should be allowed to stand, rather than being whittled down in the corrections process.

Many people now believe drug-inspired convicts serve only a portion of their court-ordered imprisonment. Even these frustrated souls might be surprised to learn that many apprehended for dealing drugs serve only 15 percent of the time of incarceration offered by the judge. For example, if a convicted drug dealer gets a 10-year sentence from a circuit judge, in many circumstances the lawbreaker will serve only a year and a half. Even on more serious felonies, it is not unusual for the convict to be turned out after serving 30 percent of the assigned confinement.

None of what results from this is very encouraging. The public reduces its faith in the criminal justice system's ability to deal with the drug problem. Police and other law enforcement officials receive weak reinforcement in their efforts to move these criminals off the streets. Jurors grow disenchanted when the outlaw they helped put behind bars appears on the street while the court proceeding is still fresh in mind. Judges feel circumvented when their wishes aren't carried out. Worst, perhaps, is that drug dealers get an inappropriate signal that society does not take these crimes seriously; the risk is not as great for persons who might get drawn into this illicit trade. Prison is meant to be a deterrent, but too many don't get the message (is it too flimsy?) and return to the same line of work.

In the federal court system, the judge chooses the sentence and it is carried out. Undercover law enforcement officers told the Zero Tolerance team that drug suspects will routinely ask upon arrest if their cases will be handled by state or federal judiciary. Their relief comes when informed state charges are being filed. This is discouraging ... and not useful in the fight against drugs. Drug dealers should not be allowed to feel comfortable. A "truth-in-sentencing" law would give judges more control in managing the punishment for those who break laws involving illegal drugs.