House Backing Mandatory Gang, Drug Sentences May 12, 2005
News Summary
The U.S. House of Representatives is currently considering measures that would impose harsh mandatory prison sentences for gang and drug offenses, as well as crimes committed at courthouses, the New York Times reported May 11.The legislation comes amid a resurgence of gang activity, exploding methamphetamine use, and a recent Supreme Court decision striking down existing federal sentencing guidelines. The gang bill was expected to pass this week; the drug bill has been passed by the House Judiciary Committee and is waiting for a vote of the full House.
"It makes a huge difference with the courts throwing out the mandatory sentences, because that is the only way we know of that you are going to able to come to one of the criminals and say, 'This is what you are going to face,'" said Rep. J. Randy Forbes (R-Va.), who sponsored the gang bill.
Congressional conservatives are pushing the "tough on crime" agenda despite opposition from civil-rights and human-rights groups and criticism of mandatory sentences from the U.S. Sentencing Commission. "Mandatory minimums waste taxpayer money," said Rep. Robert C. Scott (D-Va.). "It also has a discriminatory effect: African-Americans for the same or similar crimes get stuck with mandatory minimums more often than whites."
The gang bill calls for minimum sentences of 10 years in prison for acts of violence, 20 years for serious assaults, 30 years for kidnapping, aggravated sexual abuse, or maiming, and life sentences for any crime resulting in death -- including some crimes committed by juveniles.
Supporters argue that the long sentences are needed to deter youths from joining gangs like MS-13. "To do a year or two in jail means very little to some of these gang members," Forbes said. "The crime-probability ages are 15- to 24-year-olds," he said, "and if you take the person off the streets for that period then the statistics go enormously away in terms of perpetrating additional crimes."
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