Excessive Sentencing

By Steve Gordon

The following letter to the editor to the Vietnam Veterans of America magazine appeared in the January/February 2012 issue:

"A grassroots movement is underway to dismantle Missouri's 85 percent mandatory minimum sentencing laws on first-time offenders, a law that affects many veterans, is unjust, and is an unnecessary tax burden on Missouri citizens.

There is a petition to get it on the ballot for revision as soon as possible. This petition can be endorsed by anyone of voting age in any state. In no way are we attempting to minimize the acts for which these men and women have been responsible. However, administering nearly a life sentence in first-time non-homicide cases - and even in some cases of non-injury - and to have no incentive for rehabilitation is truly counterproductive to everything out nation stands for.

We have endorsements from a multitude of lawmakers for this change, and the NAACP and Missouri CURE are devoting their resources to revamp this policy. This is not a "get out of jail free card." It is for first-time violent offenders who have completed positive behavioral programs and have remarkable institution records. These men and women were caught up in the "get tough on crime" one-upmanship of political campaign promotions. The proposed change will lower the basic mandatory minimum of 85 percent for first-time offenders to 50 percent mandatory sentencing - based on past and current behavior, personal rehabilitation, and parole board discretion.

Information on the petition can be found on the Missouri CURE website, http://www.mocure.org/. If you wish to contact the CURE concerning this information, call 877-525-2873 or email missouricure@hotmail.com."

George Kniest
Jefferson City, Missouri

Here in Pennsylvania there was a belief when I was in prison only a few years ago that there is an 80 percent rule but the authorities and the Pennsylvania Parole Board deny this. Even in the face of this non-existent rule the feeling went that the Parole Board used its discretion in the matter.

In cases like mine, I completed all the required programs and more, had no misconducts, and had a job, got good work, housing and program reports that resulted in having full institution support for parole five times, and I was denied parole five times. There were other similar cases I knew of while incarcerated.

It would seem the Pennsylvania Parole Board overstepped its use of discretion. Of course there are two side to that story and they can be arugued forever without resolution. As for Missouri, this would be a positive start to prison reform that is sorely needed across the nation even as I have an issue regarding allowing discretion.

Our nations prisons are overcrowded. The prisons in Pennsylvania are so overcrowded the state has taken to housing prisoners in county prisons and also other states at a great expense. From experience I can tell you that there are a great many people in prison, even violent offenders, who do not need to be there.

Don't get me wrong, some people belong in prison. Their behavior has shown them to be a danger to the community so these people need to remain in custody for the safe guard of society as much as for their own safety. As bad as some are, no one should be put at risk of injury or death and the lifestyle these people choose subject them to that.

I only received the VVA magazine today and I haven't had time to look up the statistics, but I do know that past statistics did not have the Keystone State in good standing in regard to the number of people in prison and the time they spend in prison. It is a list of states in statistics that you want to be on the bottom of. Pennsylvania was on the top.

But this is getting off track. The point I want to make is that prison reform is needed and talk about it needs to be acted on. Pennsylvania Governor Tom Corbett just slashed the budget in regard to money for education for a state in debt. The Philadelphia Public School system is restricting use of the schools to save money. Why can't we reform the prison system, mandatory sentencing, and Parole Board discretion and take the money saved and put it back into education?

My final word is a call for across the board flat sentencing. To the state legislatures I suggest that they act on reform and stop talking about it.