Pubdate: Fri, 11 Mar 2005
Source: Intelligencer, The (WV)
Copyright: 2005 The Intelligencer & Wheeling News Register
Contact: http://www.theintelligencer.net/news/feedback.asp
Website: http://www.theintelligencer.net/
Details: http://www.mapinc.org/media/1633
Author: Joselyn King

W.VA. PROSECUTORS SPEAK OUT AGAINST LOWER SENTENCES

West Virginia lawmakers soon will be discussing crime and its punishment in 
West Virginia, and local county prosecutors say they are opposed to 
lowering the time to be served by convicted criminals for many 
crimes.   "If the Legislature recommends reducing sentences, I am totally 
opposed to it," Ohio County Prosecutor Scott Smith said.

"This is not the time to be reducing criminal statutes. In fact, there are 
statutes that should call for stiffer penalties.

"Attempted murder carries a three-to five-year prison sentence. I think 
that is too low. They should be considering an increase. Delivery of crack 
cocaine calls for (a sentence of ) one to 15 years, and I think that should 
be a two to 15. There should also be a provision for selling crack near a 
playground which we don't have at this time."

Wetzel County Prosecutor Timothy Haught admits many of West Virginia's laws 
are "antiquated" and in need of review.

"Our code is outdated, and it needs to be rewritten," he explained.

"But I don't believe the penalties we have are too low. In fact, they need 
to be more severe.

"If we are going to get serious about drugs, we need to change our laws."

State Sen. Andy McKenzie, R-Ohio, plans to propose legislation to establish 
a committee that would review state statutes and the punishments mandated 
for violating them.

The legislation was crafted as an effort to help curb West Virginia's 
rising prison population.

Discussion about reducing sentences or paroling inmates sends the wrong 
message to offenders, according to Smith.

"I think it looks like we are getting softer," he explained. " The Ohio 
County Prosecutor's Office has been very tough on crime. When you are in 
the crime fighting business, you have to send the message that you are 
tough and that you won't back down.

"Considering reducing sentences sends the opposite message."

Haught explained that to prosecute a marijuana case under current law, the 
prosecutor must first prove that the accused possessed the drug "with an 
intent to distribute." If it perceived that the defendant had the marijuana 
"for their own personal use," it is not considered a felony crime

"This statute needs to go out the window," he said. "It is one of the laws 
we need to make more severe."

He fears Tyler County may soon be fighting a war against methamphetamine 
production and abuse.

"Some counties already are, where it is the drug of choice, " Haught added. 
"It's cheap to produce.   "The Legislature should act quickly to address 
this, and there's a bill before them to do that."

The legislation currently before lawmakers would require merchants to 
register those who buy medications containing sudaphedrine, and limit the 
number of packages that can be purchased at one time.

"We need to rewrite the laws, but we don't need to make the penalties less 
severe," Haught said. "I would caution them about lessening penalties. In 
some areas, we should make crimes tougher. Many of our laws haven't been 
updated since 1970s.

"We  shouldn't lower the penalties just because we can't afford to keep 
people in jail. This is not going to protect citizens."

Smith added that he doesn't wish to criticize lawmakers, and he knows the 
matter will come before the Legislature this session. He also doesn't think 
reducing punishments for some crimes is going to be widely accepted by the 
public.

"One thing I have learned by going to crime watch meetings in the county is 
that citizens want to be protected, and they want criminals off the 
street," Smith explained. "That means incarcerating them."
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