Pubdate: Mon, 23 May 2005 Source: Virginian-Pilot (VA) Copyright: 2005, The Virginian-Pilot Contact: http://www.pilotonline.com Details: http://www.mapinc.org/media/483 Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) TOUGH ON GANGS, HARD ON STATES The growing Republican embrace of big government solutions is once again on display in the House of Representatives. This time, while the target is gangs, the casualties are states' rights and judicial discretion. Last week, the House passed a bill to make a multitude of gang crimes federal offenses with mandatory minimum prison sentences ranging from 10 years to the death penalty. The Gang Deterrence and Community Protection Act , sponsored by U.S. Rep. J. Randy Forbes of Chesapeake, was introduced largely as a response to two events. The first is the gruesome MS-13 gang slayings in Northern Virginia, which occurred within the shadow of the nation's capital. The second is the Supreme Court's ruling earlier this year giving judges freedom from federal sentencing guidelines. No one disputes the seriousness of gang violence or that gangs are spreading from state to state. But under the terms of the "Gangbusters" legislation, a "criminal street gang" is at least three people who commit two or more gang crimes (one of which must be violent), now defined as a host of drug crimes and a multitude of other felonies. For example, the definition is so broad and vague that the three boys with the same fraternity tattoos could be classified as a street gang if they were involved in an incident that included drugs and fisticuffs. Critics say the law would go so far as to permit capital prosecutions for accidental deaths arising from fights, for example. This bill would give the Justice Department jurisdiction over criminal activities that are more appropriately left to state and local governments. This troubling expansion of federal powers is all the more surprising because it was hatched by the party of limited government and state's rights. Local law enforcement responsibilities shouldn't be handed over to Washington. It would succeed in clogging federal courts with petty crimes and crowding federal prisons with petty criminals. The federal dollars this would consume would be better spent by police departments in Virginia. And in yet another slap at federal judges, the bill subverts the Supreme Court's earlier ruling, which allowed the judiciary more sentencing discretion. Put simply, this legislation means judges wouldn't be allowed to judge. Instead, their hands would be tied by rigid guidelines, regardless of individual circumstances. Forbes' bill is well-meaning, but overreaching. Drug dealing and possession, kidnapping, murder, racketeering and most other gang activities are already state crimes. The Virginia General Assembly is more than willing to give law enforcement all the tools and resources it needs to combat gangs. - --- MAP posted-by: Richard Lake