Pubdate: Sun, 16 Feb 2003
Source: Courier, The (LA)
Copyright: 2003 Houma Today
Contact:  http://www.houmatoday.com/
Details: http://www.mapinc.org/media/1477
Author: Jeremy J. Alford

HOUMA LAWMAKER AIMS TO TWEAK CRIME DEFINITIONS

BATON ROUGE -- A Houma lawmaker wants to broaden the interpretation of the
term "accessory" as it applies to felony crimes.

House Bill 50 is among measures state Rep. Damon Baldone, D-Houma, has filed
in advance of the March 31 legislative session.

Accessories help commit crimes but aren't the primary persons responsible.

Baldone's bill adds "minor accessories" as parties to felony crimes and
provides for greater interpretation of the term "accessory."

While present law defines parties to certain crimes as either "principals"
or "accessories after the fact," Baldone's bill would add "minor
accessories" to the list.

"These are people who did something wrong, -- there's no doubt about it --
but they slip between the cracks. This would provide an avenue to pursue
them justly," Baldone said.

Additionally, the bill would likely create weaker sentences for those
accused of being parties to serious crimes, although they played an
extremely minor role.

The measure is a companion to Baldone's House Bill 49, which clarifies the
definition of justifications defense attorneys can use under the law to
claim their clients had little choice but to commit a crime and, therefore,
should not be prosecuted.

In crafting his two bills, Baldone consulted a book titled "In The Louisiana
Criminal Code: Ten Proposals for Reform" by Stuart P. Green.

The author wrote that "the problem is particularly acute in cases involving
drug distribution schemes, in which a relatively minor player -- say, a
lookout or 'mule' -- might receive a sentence that is as severe as that
imposed on the 'kingpin.'

"One solution to this problem would be to eliminate mandatory minimum
sentencing and restore to judges a greater degree of sentencing discretion."

In part, this is what Baldone's bills would do, but ultimately it would be
up to judges on how to use the new authority.
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