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5 Wyo. Law. 1 (1982)

handle is hein.barjournals/wymlawy0005 and id is 1 raw text is: V THE WYOMING I- YER Vol. V No. 1 Official Publication of Wyoming State Bar (USPS 379-950) January 1982 WASHINGTON. D C.. To combat the growing problem of crime. stonger gun control laws. incredsed use of preventive detention, more federal money to assist states. and increased attention to the problem of juvenile crime are needed The answer is not more prison construction. Those are some of the conclusions of a discussion draft report released by the Criminal Justice Section of the American Bar Association. The Task Force. comprised of nationally-known experts inthecriminal lu a field. including judges. pros- s. defense attorneys and law sors, spent the last nine months examining the growing crisis of crime in our society and developing workable solutions to control crime. The Task Force report has not been approved b, ,* ABA's House of Delegates tthe Associltion's policy- making body). The views expressed in the report represent only the views of the members of the Task Force and dc not represent the ABA or Criminal Justice Section policy. The report calls for enactment and vigorous implementation of appropriate legislation to provide for the effective control of importation, sale, trans- portation and possession of firearms. The report explains that while the Task Force does not advocate restric- tions to prohibit the possession of handguns in a person's residence or place of business, it does endorse restrictions to limit the possession of handguns in public places. It also recommends that the sale of handguns be regulated to prevent acquisition by persons such as convicted felons. drug addicts, or minors. Further, the report urges severe penalties be imposed for possession or fa firearm in the commission of a cording to FBI statistics, the study says, approximately 50% of the murders committed in the United States were perpetrated with the use of a handgun . . . When one considers that these statistics are for other crimes (e g rapes. robbery, etc.) corn nitted with the use of a handgun, an appreciation is gained for the need for meaningful penalties to send a message that crime committed with the use of a firearm will not be tolerated The report is also sharply critical of the emphasis of the Attorney General's Violent Crime Task Force on prison construction as the principal way to reduce violent crime. while not ruling out prison construction in appropriate circumstances, the ABA Task Force stated that it should not be a first priority and the federal monies should not be thrown exclusively into brick and mortar. The Task Force found no evidence to support the conclusion that sending more convicted offenders to prison for longer periods of time will deter others from committing crimes The report warns that increasing incarceration would be prohibitively expensive. costing at least $10 billion in capital expenditures just to eliminate overcrowding and accommodate the current inmate population in facilities that meet minimum constitutional and correctional standards. In a time of valid concern over unnecessary expenditure of govern- ment resourses. prison space should be viewed as a scarce and expensive commodity to be efficiently and cautiously invested in a rational manner. the report said. It recommends that prison space be reserved for the most serious, violent offenders. and that consideration be given to alternatives to incarceration for property and non-violent offenders. A wiser way to spend federal funds, the report says, is to provide much- needed federal leadership. financial and technical assistance to state and local government efforts to control crime. In additon. the report advocates more liberal use of preventive detention to protect the safety of the community. The report recommends preventive detention of a person charged with a ABA TASK FORCE ON CRIME CALLS FOR STRONGER GUN CONTROL, INCREASED USE OF PREVENTIVE DETENTION, INCREASED FEDERAL ANTI-CRIME PROGRAMS AND MORE ATTENTION TO THE PROBLEM OF JUVENILE CRIME Digitized from Best Copy Available L crin. of violence be permitted when, after a full heanng, it is found that the accused represents a danger to the Community as evidenced by factors such as having been convicted of a viCent crime in the last 10 years, or having committed a crime while out on bail. probation o' parole. The report stressed, however. that preventive detention should be used only after a hearing at which clear and convincing evidence is used to p eve the need for the detention and that I 'ere also be a finding of 'substartial probability that the person committed the offense. As one way to discourage frivolous appeals of convictions, the Task Force recommends that release on bail pending appeal should not be granted as a matter of right. It is the view of the Task Foi ce that an automatic right to bail pending appeal undermines public coofidence in the criminal justice system, creates an improper inducement for the filing of an appeal and contributes to appellate delay. the report states. Limitationson bail pending appeal present a legitimate way of reducing those appeals which are induced by a system which automatic- ally delay execution of sentence. TheTaskForcereportalsorecommends that: * the federal government assume a leadership role in the fight against juvenile crime by developing new programs and ideas and funding innovative programs at the state and local level; * the justice system treat juvenile offenders early and recognize that treatment of juveniles merits an investment at least equal to that accorded the treatment of the adult criminal population; *meaninful programsofprison indistry, where inmates are employed and receive wages, be developed and encouraged: * vocational opportunities within state and local correctional facilities be improved; and * procedures be adopted to speed the processing of all appeals.