Pubdate: Fri, 20 Nov 2009 Source: Austin American-Statesman (TX) Copyright: 2009 Austin American-Statesman Contact: http://www.mapinc.org/media/32 Website: http://www.statesman.com/ Author: Kelley Shannon, Associated Press Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) Bookmark: http://www.mapinc.org/youth.htm (Youth) DALLAS DA PROMOTES 'SMART JUSTICE' Implementing "smart justice" can help ease the criminal case load on prosecutors and keep society safe, Dallas County District Attorney Craig Watkins told a federal sentencing commission Thursday in Austin. That means using programs for young first-time offenders who can work toward getting their charges dismissed or fast-tracking repeat low-level offenders into state jails, said Watkins, who is known for working to free wrongly convicted inmates. Watkins said in his nearly three years in office, he has worked to implement such "smart justice." "At the end of the day, the goal is public safety," he said, adding that it's smart use of taxpayer money to attempt to ensure that imprisoned inmates don't repeat their crimes when they get out of jail. "The goal is rehabilitation, as opposed to just punishment." Watkins has become known nationally for pressing for the exonerations of wrongly convicted Dallas County defendants. Those exonerations did not come up in his testimony before the U.S. Sentencing Commission. The commission's public hearing was one of several across the country as it reviews federal sentencing policy. It is Congress that has say when it comes to making sentencing laws, but the commission makes recommendations about the nation's complex federal sentencing system and studies specific issues for the legislative branch. Chief Judge William K. Sessions III of Vermont, chairman of the commission, said the panel is continuing to examine mandatory minimum penalties in the federal system, including disparities for crimes involving crack and powder cocaine. The commission heard from several Texas experts. One commission member kept referring to the "Texas success story" of how the state has moved to more community-based corrections programs over the past two years. Adam Gelb, director of the Public Safety Performance Project at the Washington-based Pew Center on the States, said Texas is a law-and-order and fiscally conservative state and that it is using methods besides imprisonment in sentencing convicts. Parts of Texas have a "very robust system of community corrections and alternatives," Gelb said. Watkins said one of his office's initiatives allows misdemeanor offenders 17 to 25 who have committed "youthful indiscretions" -- such as theft or marijuana possession -- to take part in a program that may lead to dismissal of the charge. If the person were to be convicted, the conviction would follow the defendant for years and possibly prevent him or her from getting a job later on, he said. Watkins said the program reduces the number of cases his office must take to court, thus lowering costs. Conversely, repeat offenders who keep breaking the law and are eligible for state jail are sent there sooner, under provisions allowed in state law, he said. Three federal judges also addressed the panel Thursday. Judge Robin Cauthron of Oklahoma said she is glad judges now have more discretion in varying from federal sentencing guidelines. That came about because of a U.S. Supreme Court ruling in recent years. In presenting her recommendations, she said she thinks federal sentencing guidelines are often too harsh for possession of child pornography when there's no indication that the defendant who viewed the pornography would actually molest a child. - --- MAP posted-by: Jo-D