The criminal justice system is deeply complicated, which should mean the political talking points it spawns deserve thoughtful consideration instead of knee-jerk reactions.
Republicans have been pushing for the General Assembly to repeal reform legislation Democrats enacted in a January 2021 lame duck session. Although some complaints improperly focused on elements not yet implemented, such as the end of cash bail, this week they seized on an actual instance of the reform changing how the system operates.
Twice in the last week Cook County grand jury panels declined to bring first-degree murder charges against people involved in fatal shootings. In once instance, one person shot at two people and their return fire killed a woman uninvolved in the disputer. In the other, a man is accused of shooting at a group of people outside a party; his friend died in the ensuing gunfire.
In both cases, the grand jury appears to have decided prosecutors would be unable to prove the charged party – although they are accused of firing weapons – are guilty of felony murder, which carries a minimum prison sentence of 45 years when a gun is involved.
Critics aren’t off base here from a practical standpoint. The state’s attorney’s office said each case likely would have led to felony murder charges if the incidents happened before the reform legislation. And these instances are prime examples of what the law intends to accomplish: If you didn’t kill someone, you aren’t charged with murder.
Two people died. In both cases the county can prosecute whoever fired the fatal bullets in hopes of locking them up for at least 45 years. Also in both cases, the people who initiated the gunfire still face their own charges and mandatory sentences for the shooting and possibly even possessing the weapons.
So for those willing to parse the details, these situations can’t be reduced to a handy “Democrats are soft on crime” talking point, but rather a textbook case of what acts warrant which charges.
To say no one is being charged in these deaths is simply false. Not every person involved has been identified or arrested, but the county still will pursue whatever charges it can against these two people, likely resulting in lengthy prison sentences.
Which means the question isn’t whether guilty people are free, but rather how much incarceration is enough? A 45-year sentence isn’t bringing anyone back to life any more than one or two decades in prison. Locking these two up for longer doesn’t directly address how they got their guns in the first place.
Preventing such tragedies is far more complex than who faces what charges after the smoke clears. Voters should seek more from politicians who pretend otherwise.
• Scott T. Holland writes about state government issues for Shaw Media. Follow him on Twitter @sth749. He can be reached at sholland@shawmedia.com.
via Shaw Local
February 12, 2022 at 07:12AM
