School
Safety
Expungement
Law and order issues have been thrust to the forefront
by advancing violent crimes rates, especially in Baltimore and thus have
refueled many criminal justice debates that are happening on a national scale
as well. The comprehensive bills favored by the Governor and the State Senate
floundered in the House of Delegates for being too tough on crime and to the
detriment of civil liberties. Thus emerged a more compromised bill than the one
initially sought by those seeking to reinstitute tougher criminal justice
policies. This watered-down bill contains provisions sought by both, the most
important of which are the news rules regarding expungement. Expungement is a
process that clears an individual’s record in the eyes of the law. This process
can allow people who served their time to not be eternally haunted by the
stigma of having been incarcerated. The House of Delegates included a provision
that would allow those convicted of burglary, theft, and possession with intent
to distribute drugs to get their record expunged after 15 years. Many civil liberty
advocates hailed this decision, while other merely saw it as small token in a
bad bill. A vocal minority in the legislature saw it and not going far enough.
One Delegate, Jheanelle K. Wilkins (D-Montgomery), said that fifteen years is
overly burdensome and that ten years would be more
appropriate. However, this could change many people’s lives and is
therefore a noteworthy edition to the bill.
Mandatory,
Minimum, and Maximum Sentences
This bill is full of provisions that run the gamut
from “tough on crime” to strengthening civil liberties, but one provision that
was stripped from the bill was to double the maximum sentence of those
second-time offenders caught with a firearm in commission of a related drug
trafficking offense. The provision appeared in the original Senate bill and was
supported by the Governor’s Office, but was stymied when reaching the House of
Delegates. Many legislators cited civil liberties, over incarceration issues,
and perhaps most importantly lack of evidence showing an increase in maximum sentences
would have any effect on the violent crime rate. The stripping of this
provision, like the above-mentioned expungement, was hailed as only a minor
victory in the fight against what some legislators see as a draconian crime
bill. However, the same advocates that praised stripping the maximum sentence
provision criticized the bill for requiring that 10 year mandatory minimums for
second-time violent offenders be served in full with no possibility of parole
or suspension.
More
Bipartisan Ventures
Criminal justice reform can often be a slow-moving
process, but in this case Maryland has acted swiftly to address the needs of
its citizens. Although there is much to disagree about in the content and
provisions of the new crime bill, many legislators are focusing on the portions
that are by-in-large agreeable. One example is making fentanyl illegal to
distribute. This provision was met with bipartisan support and easily made its
way through the vetting of the bill. Another example is increasing the criminal
penalty for witness
intimidation.
To
Conclude
The Maryland legislature is what sets the course for
criminal justice in the state. Therefore, it is paramount as a citizen of
Maryland to be familiar with the activities of legislature, not only with
regard to criminal justice, but all of their activities. This keeps are elected
officials accountable to the people. It is also important to know your rights
and to current state of the law. Criminal justice reform is of particular
importance because in Maryland the pendulum swings far and often. You should be
aware of what your state is doing to combat violence and promote the common
good. At the Law Offices of Randolph Rice,
we know the law and how it is applied. We have professionals ready, willing, and
able to help you navigate this ever-changing legal environment.
