Monday, October 1, 2007

Inconsistencies in Texas Courts

An article in the Houston Chronicle entitled, Sentencing leniency: One criminal's many cases, outlined one repeat offender's long record and the lack of consistency in sentencing this particular criminal.

Kevin Earl Lee, a cocaine-addicted, homeless, war vet with over 20 years of criminal history including theft, drug possession, assault, burglary, and trespassing was recently sentenced to the minimum sentence of 6 months in jail for his repeat offenses when the prosecutor agreed to a plea agreement. Lee has a total of 28 convictions.

Chuck Rosenthal, the senior district attorney for the county in which Lee was convicted, states that Lee's prosecutor, Tina Ansari, "now regrets giving Lee a minimal sentence." She is "embarrassed" and she has "realized she made a mistake."

Most of Lee's crimes were misdemeanors and state jail felonies, so he is considered a "petty criminal," but how long and how many crimes does he have to commit for the state to consistently punish him? He has been given the minimum or no sentence so many times, that over 20 years of committing crimes he still has not learned his lesson. Had the state given him a harsher sentence, he may not be in the position that he is now, homeless and a petty thief.

What boggles me, is that Texas is a state that has the highest track record out of the whole United States when it comes to sentencing prisoners to death row. Granted, none of Lee's crimes were deserving of a death row sentence, but it surprises me to see how inconsistent the state courts are in sentencing the lesser criminals. You would think that a state so adamant about executing people would have stern sentences for even its small time crooks. After someone has had as many convictions as Lee had, you think it would be time to truly punish him with harsher sentencing. Lucky for him, he has been able to avoid being sentenced as he should, but in my opinion, a lack of stern sentences perpetuates the cycle of criminal acts because there is no lesson being learned.

Rosenthal said his senior prosecutors will discuss how to offer more consistent and uniform sentences to defendants willing to plead guilty, so there is less disparity among the courts. They will submit a proposal to him for approval. That is a good start, but like I always say when it comes to approvals and matters of state, act upon it first, and then I will believe you.

If you want to read this article for yourself, you can find it at
http://www.chron.com/disp/story.mpl/headline/metro/5157126.html

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