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Legal Research

: New York Supreme Court Criminal Term Library

Baltimore Judges Wary Of Strict Probation Enforcement Plan

By David Badertscher, PLL

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Source: Crime & Justice News

"Baltimore police, prosecutors, and other agencies are

making the strict enforcement of probation rules a key

component of their crime-fighting strategy, sweeping

dangerous criminals off the streets for the slightest

infractions, reports the Baltimore Sun. Some city

judges are wary, saying the plan pushes them to give

up their discretion in the courtroom. Police and

probation agents are asking the judges to sign onto

an extraordinary program targeting about 960 of the

area's most violent repeat offenders - those who have

been arrested at least seven times, are involved with a

gang or face handgun charges. Authorities want

judges to hold suspects without bail for weeks or

months before a formal hearing, and then to revoke

suspended sentences and order additional prison

time for even a minor probation violation.

The hesitancy by some judges worries police and

probation agents, who say it undermines efforts to

target a core group of offenders believed to be

responsible for a disproportionate amount of

Baltimore's violence. Said Police Commissioner

Frederick H. Bealefeld III: " I don't think violent

offenders should get two or three chances to go out

and get somebody. When [defendants] get out of line

on a technical violation of probation, all we're asking is

for the judges to do what they said they would do."

Judges said it is not that simple. They don't like to

hold defendants without bail until there is a hearing to

determine the seriousness of a probation violation.

And even though they often accompany suspended

sentences with a warning that the defendant may

serve more time for such a violation, they want to

carefully examine each case before sending

someone to prison on a technicality."

Baltimore Sun - http://rs6.net/tn.jsp?e=001c-qBrLLZu0pAhu4Zhny0IROFCxJxTJnisvrVU01_Fej8jrUBhHF60wy5PtOQokiHtujAkPio3Tm0jZppBcuePww0Em_L6hOYdyLp7cc8S__cmHBZwaoZ7L4pFmZrekbnR7rkK1w5My62zjy8DTmrP3RACWEfOEOAJAEqQQZT-0l_oiho79DxITWy34_RAE3ZjcE0RR-UGEqFDd5ywjnnuM1Ep1ajoDNh

Full post as published by New York Supreme Court Criminal Term Library on July 14, 2008 (boomark / email).

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