Thursday, February 28, 2008

CRIME

When I last touched on this issue I discussed the need to restructure the criminal system to prioritize and to review sentencing. I indicated that there is a great need to reform the system so that it is more effective and efficient.

Once we have made the steps in that direction, we must then look to the court system as to whether or not it serves its function or is merely an impediment to the process.

The court system in Rhode Island is plagued, in my opinion, not by the judiciary, but by the system that has been mandated upon it by the legislature. There is some blame that lies at the feet of the court system, but the larger culprit is the over-regulation of society that then puts an inordinate strain on the court system.

The Rhode Island court system is straining under the burden and is beginning to show signs that it will take the path of least resistance and become a mere foot soldier in the war. The court system is beginning to take to the idea that crime can be a cottage industry, providing employment opportunities and featherbedding of this branch of government.

The criminal justice system is a maze that doesn’t really service the public that well. The constant “processing” of crime and the information that relates to it make the system of swift justice near impossible.

The fact that court rooms are packed, the current lack of justices to fill the ranks, and the constant imposition of sentences that are less than “justice” make for a system that is merely a ‘take a number’ approach.

The more people processed, the more the system grows. The lack of justices has put a strain on the system, but it may also have a positive effect of forcing a downsizing in the processing of caseloads. This, however, is yet to be seen.

The daily cattle call of the arraignment calendar and the expanding need for violation hearings concerning past criminals that have re-offended makes any observer ask whether this is really working.

As I indicated in an earlier statement, real time and real crime should be the focus of the system. There is a need to fully sentence. There is a need to realistically state criminal offenses. There is a need to streamline the system from within.

Are low level drug possession cases really worth the approximately four court days it takes to fully adjudicate a matter? What about all the charged cases that are eventually dropped for failure to appear on the part of a complaining witness? How about all the civil matters that could be resolved by mini-arbitration hearings?

While crime is always a topic for potential office seekers, being tough on crime by statute does little if the circuit is not completed fully by an effective judiciary and corrections system.

The public needs to see through the “tough on crime” talk. This is not to say that criminals should be given a free hand; in fact, it stands to the contrary. When society wants to get tough on a certain “crime de jour” then it should be prepared to make the appropriate allocations throughout the entire system. Filling prisons for the sake of filling them is as ridiculous and letting real criminals out early.

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