University of South Carolina Libraries
I Qontoncinn WUH^UUVl.t) guidelines proposed By Associated Press The stale's Sentencing Guidelines Commission is forwarding its recommendations to the General Assembly after two years of work on the controversial proposals. A tiKi?tin1% 1... .....L .... IV'IIK I ? I ? ? I I I 11 f\ V. I ^ UV'UIM the reform measures will pass, the paekaye is aimed al eliminating public confusion over piison terms In giving judges ;i "grid" ot tecommended sentences lor specific crimes. | State Rep. I homas lluglwon of (iicenwood. who will become it circuit judge April 6. introduced the senienc Illl! |?ilCKill!*. Ill I IIC I HlllSC I HIS WtTK. Sen. Nell Smiih, D-I'ickens, plans lo oiler a similar bill in the Senate lomorrow. Hoth lawmakers are commission members. "THE KKFOKM I'AC'KACiF. will not solve all the problems in the South Carolina criminal justice system, the report said. "It represents the begin nitig of major reform. It represents an improvement." Some changes in the package are expected to be made when the legislature's judiciary committees begin considering it, Associate Justicc David Harwell, commission chairman, said Friday. Parts of it probably will be merged with Gov. Dick Riley's prison-reform plan and Attorney General Travis Medlock's proposal to toughen the Mate's burglary and housebreaking laws. "I'm of the opinion now that the best way to reach some kind of | understanding and get (the sentencing reforms) through the legislature this year is to go forward, said Harwell, chairman of the commission. The work of the commission has drawn criticism from several fronts, v\ith advocates for stiffcr sentencing PwAliri I RESIDENCE HALL SECUF & APPLICATIONS FOR FALL SEMI AVAILABLE AT THE OFFICE oti mcmt ncv/ci nc ? Ol UUtM I ULVUUV/r WHERE: 1215 Blossom Street DUE DATE: April 3. 1985 WA( ? <?? <* ??' Mi III I?11 IIIHIII mill 11II III! IWMfflWBWIffffl IV I VLT== Brit C rim? f (acini? those who teai the cllccts ol more inmates on the state's alrcad\ mercrowded prisons. llOt SI. SPF.AKKR R a in o n Schwartz, l)-Suinicr, has predicted the commission's recommeiulations would be rejected by state lawmakers. The commission wants to segregate into nim? Katn/I on the seriousness of the offense. Maximum sentences would be reduced in most cases, but commission members say the actual time served would be increased because of limitations on credit for good behavior and other programs. Among the proposed changes: The current parole system will remain for inmates sentenced before the guidelines are implemented and for offenders who serve 10 years or more. But prisoners serving less than 10 years must serve 60 percent of their sentence before being considered, and prisoners must also completely serve minimum sentences before beinc considered for parole. Allowing time-off credit to inmates for education but limiting the combined credit for education, work and good behavior to 40 percent of the total sentence. Current laws may reduce Dins' ^ITV GUARDS I I ESTER ARE NOW I OF RESIDENT J g (Below the Towers) v ^ 1C <ca f^r\ nor hrtiir m pwi I IV/WI ^ Break ii Beach l tt? -i tg this ad for a $5 b Need b id Punish ' Prisoners - serving less than 10 years must ! serve 60 percent of their sentence before 1 parole. Time off for good S behavior would be restricted to 20 percent of sentence. - r ... J.J cxibhubu mumrelease would be eliminated. ^ souicikcs In 75 pcK'cni. I iuic oil lot l'oihI hclnnioi would In- loMiktod u> ju percent oi tne sentence latnei man .V* percent undei the eunent swem. I -Elimination of extended workrelease. which allows offenders to live in the community while serving their sentences; supervised furloughs, which allows the release ol prisoners si\ months before eligible parole date; and provisional parole, which allows release 90 days before the earliest paroie uaie. As an example of wliai the guidelines will do, an offender sentenced to 10 years would be required to serve a minimum of five and a half years under the new guidelines. Currently, the report says, the offender would be required to serve one year and could live in the community on work release after two months. Til I." VI'MTl'Mn Vf: "orlrl" h-n. ;i formula (hat includes the classification of offense and an "offender history score," which grades an offender's past record. Commission director Andy Surles said the governor, the State Sheriff's Association and others have expressed some concern over the grid and some crimes will likely be reclassified as to severity and sentence. LATEST STYLES ^ SWIM 1 PRICE I JcWcLKY WAHtnUUot m mecock Headquarters 601 S. Main [_j s Over Earn up to $22 a f \ r/nnof/ n/^ n/oomo v For information or call 254-2280 Hviand Plasma 1620 Gervais ! tonus on first donation riui icy f ment Death penalty critic speaks at USC By Donna Jenkins \ i onncai aiui moiai inctois na\e causeu a uiasuc mvimi' in I lie rc\crsal of death sentences In coventors. a leadinu oppo- i nent of capital punishment said last week. Hugo Adam Hcdau, speak mi: at the I aw ( enter Ihursdav night in the lecture series, "( nine and lustice: letial and Philosophical perspectives," said governors are shiinking from theii power ol executive clcinencv. j "Short of an amendment to retinue or regulate powet. nothing but political and moral tactos hindei each governor's lUiii'cinem in cacti ease as wtielliei to exeicise or oi without the i use i)l (his powct hi a death pcnaltx case sol helorc him." Hcdau said. HI DAI , A IMIll OsOPin pmicssoi ai lulls I ni\crsit\ m Mai viand, said one reason loi the decline is the altitude change toward capital punishnieni in uoxcrnors anil their I L > 11 11 III J- I I will I I I v. L'UMMII I ? I I nil'IK I'l'lllllMI III >| ?| K ?I I ol ihc death penalty "It stands 10 his ad\antage 10 he wn as in la\or ot it or, in any ease, not opposed lo it." Bedau said. In addition, the governor's decision ina\ be affected hy the fact thilt the sentence is indi\iduali/ed, not mandatory, and lias been reviewed In the highest court in the state before tt*:i4%hitiD hu hi> I h?? mw iM nnr nvii' lliint nl hinK<>ll "as being a higher court lor which there is nothing for him to do but insult all the lower courts" by reversing their decision. A governor's pardon is virtually unreviewable, he said. STATISTICS SHOW a tremendous decrease in the number of death penalty reversals. According to ttedau, there were less than 50 communications, or reversals, between 1977 and 1982. nowevcr, more man um were granted netween ivoi ana ivoo. Arguing for an increased use of clemency power, Bedau cited three examples of unfairless in court cases that call for a governor's intervention: the youthful capital offender, treated as an adult, widely varying sentences for co-defendants and inconsistent sentencing from court to court within the state. The governor should also intervene when the court decided on the death penalty by one vote, because count should give me euge 10 me ramer man ucatn, ne saia. THE MOST IMPORTANT reason governors have lor reversing death sentences is "their belief that fairness to the defendant requires no less." he said. Bedau's lecture was sponsored by USC's law school, the College of Criminal justice, the philosophy department and the provost's office. Earn Extra Money Urgently needed ? people of all blood types to help in meuiuai researun uy (imping wun our wnoie DlOOO or [j plasma program Also anyone with mononucleosis ? you can earn up to S50.00 per week for only 3 or 4 fi hours of your time For more information please call [1 or come by 254-6537 or 254-7089 j,j L Serologicals of Columbia. Inc. 2719 Middleburc Or. Columbia. S.C. 29204 \\ "T" iMIIIi 11*11 WlTir I rr TPnflUlfl i ran Is V V S I u i appointment j g { 1 r I Center If ^ s st- li F l M l .It 90.5 ;;n hi iiiiniMiiiii nun mil in i m Willi" n Him m i in ii ii i > m ii<i