BILL TO ELIMINATE MANDATORY MINIMUM SENTENCING INTRODUCED
April 3, 2007
The House of Representatives has voted to eliminate mandatory minimum sentencing on a number of drug-related offenses.
House Bill 71, which passed on a vote of 26 yes to 13 no, seeks to repeal mandatory minimum sentences for many of the state’s current drug laws. Instead, state judges would be able to use their own discretion to impose punishment.
Delaware’s sentencing guidelines and Truth-in-Sentencing Law are not impacted by the bill.
Supporters of the measure - including lead sponsor Speaker of the House Terry Spence - say the current mandatory minimums produce a one-size-fits-all system of justice that is often unfair, elevates Delaware’s prison population and increases costs on taxpayers. They add that allowing judges to individually craft criminal sentences will result in a more balanced system where punishment is better matched to the crimes committed.
Those opposed to the measure say it’ll result in reduced sentences for serious drug offenders. They note that mandatory minimum sentences are only employed in a small fraction of all drug cases and that the majority of those criminals are recidivists with multiple previous convictions for drug and/or weapons violations. Opponents add that the threat of mandatory sentencing gives them the leverage they need to extract information from criminals that lead to other arrests.
The bill was amended to have state statisticians review the impact of removing the mandatory minimums every two years and report their findings to the General Assembly.
The bill now heads to the Senate for consideration.
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