Getting away with murder: Responses
Officials respond to the Feb. 14 Sun editorial
_____________________________________________________
On Feb. 14, The Sun published "Getting
away
with murder," a two-page editorial
that called for the repair of Baltimore's
broken criminal justice system. The
editorial also made other specific
recommendations aimed at reducing the city's number of murders,
which has topped 300 for nine years. We invited officials to respond
to the editorial and its recommendations. These are the responses we
received.
_____________________________________________________
Parris N. Glendening and Kathleen Kennedy Townsend
Most Maryland residents are enjoying lower crime rates. But in
Baltimore, Maryland's largest urban center, the criminal justice
system is in crisis. While various interested parties continue disputing
accountability for backlogged cases, felons continue to be released
to the streets.
When we read in The Sun about the backlogs and delays and
dismissals in the court system, our first reaction was, "What if
someone in my family was the victim of a terrible crime and we were
forced to watch the person responsible go free because of an
overwhelmed bureaucracy?"
There is no more time for blame, and no more time to wait for
long-term solutions. We must all take responsibility and act decisively
now.
Already our budget provides $383,000 for additional prosecutors,
and we will submit an additional $128,000 so they can begin tackling
the backlog of felony cases immediately.
Although funding for Circuit Court buildings and other infrastructure
is a local function, under these urgent circumstances we are prepared
to fund temporary court facilities.
All of the city's elected officials, judges, prosecutors, defense
attorneys, clerks, administrators and other state and local agencies --
including the state-operated Central Booking and Intake Center --
must work together to devise a comprehensive management plan that
addresses challenges facing the system.
Ultimately, the success of the courts depends in large part on our
ability to cut crime and drug addiction, which fuel the large number of
cases clogging the dockets.
Parris N. Glendening and Kathleen Kennedy Townsend are
governor and lieutenant governor of Maryland, respectively.
_____________________________________________________
Patricia C. Jessamy
Your editorial concluded that Baltimore's high homicide rate is due to
a "breakdown of the normal defenses put into place to protect a
city's residents: police, prosecutors, courts and corrections
institutions."
While I agree that the criminal justice system is seriously
malfunctioning and we all share some of the blame, crime in general
-- homicides, specifically -- are the result of far more complicated
failures than the criminal justice system.
As a community, we must invest resources in prevention, drug
treatment and early intervention for at-risk youth.
While law enforcement is a response to crime, it can and should be
more proactive and offensive rather than reactive and defensive.
You acknowledged that David Kennedy has been working in
Baltimore for the past 10 months as a part of the Safe and Sound
Campaign, a multi-million-dollar drive to create a safer environment
for children and youths. What you failed to report is that I am
heading the Youth Gun Violence Reduction initiative.
I have assembled a team of representatives of law enforcement and
criminal justice agencies to work for the success of this initiative.
Over the past 10 months, many changes have been implemented,
resulting in greater efficiency and effectiveness as we deal with violent
criminals.
Your editorial points to "turf fights," but you did not acknowledge
that we are all working together on this very critical criminal justice
initiative.
Your editorial concluded that because arresting police officers
generally decide what charges the defendant will face that many
officers are overcharging suspects and that prosecutors need to
become involved in charging.
The Baltimore State's Attorney's Office does charge criminals at the
Circuit Court by way of criminal information or indictment. We have
nine attorneys who screen felonies at the District Court and handle
preliminary hearings.
Were these attorneys not so assigned, the problems would be much
worse. While I support prosecutorial charging, I also believe that a
rule change is necessary. The issue of what happens to defendants
who are brought into the Central Booking and Intake Center after an
"on view arrest" by police presents numerous legal challenges that
Maryland Rule 4-211 does not address. The rule states "when a
defendant is arrested without a warrant, the officer who has custody
of the defendant shall forthwith cause a statement of charges to be
filed."
There are no provisions in the rule or imposed by law that allow
prosecutorial review or alteration. A proposal is being prepared that
would permit prosecutors to charge suspects. If approved, additional
staffing and funding would be necessary.
As we look at "front end" systemic changes, we are presented with
an opportunity to redesign the system from one resembling a "chute,"
where everything that comes in is scheduled on valuable court docket
time to one resembling a "funnel," where only those matters that need
to go to trial are scheduled for trial.
There are no simple solutions to complex problems, but there should
be short-term and long-term solutions to the very complicated
problems of our criminal justice system. Long-term solutions should
be well thought out and strategically planned with timetables for
design and implementation.
Short term, we must reduce the backlog and put procedures into
place that prevent violent criminals from being released because they
did not get a speedy trial.
The State's Attorney's Office is committed to doing that. The courts
have agreed to give violent criminals priority for trials and we will
make sure this happens. We have also implemented other measures
to reduce postponements, to monitor cases more closely and to bring
cases to quicker resolution.
Patricia C. Jessamy is state's attorney for Baltimore.
____________________________________________________
David B. Mitchell
"... the criminal caseload in the Circuit Court for Baltimore City has
increased significantly in the last 10 years. In 1989, 14,352 criminal
cases were filed. ... Last year, almost 25,000 ... were filed, an
increase of over 72 percent. ... In 1989, there were 4,951 new
felony defendants. ... In 1998, there were 8,504, an increase again of
more than 70 percent. Eighty percent of these felony cases involved
drugs."
This is the assessment Chief Judge Robert M. Bell gave in his State
of the Judiciary address. All members of the criminal justice system
share responsibility for the problems existing today, and we need to
find solutions -- not engage in counterproductive debate about who
is responsible.
We have implemented a stricter postponement policy, centralized
arraignment of felony cases to encourage expedited pleas and early
case terminations, and expanded the use of retired judges to resolve
the oldest cases first. Already, our new policies have reduced case
backlog by 8 percent, and defendants awaiting trial by 7 percent.
They have also increased jury trials, expanding the number of citizens
called for jury service from 450 to 600 daily. Beginning March 1, 40
percent more days will be available for criminal trials, due to the
revamped arraignment process. This will further reduce criminal
cases awaiting trial.
The court is working to improve its case management efficiency. For
example, we reinstated the practice of maintaining a list of cases that
are ready for trial on the date assigned, but cannot proceed
immediately. The status of the trial courts is continually reviewed, and
cases from this list are moved into open courtrooms, as they become
available.
We attribute our short-term accomplishments to dedicated judges,
court personnel, the State's Attorney's Office, the Office of the
Public Defender, the private bar and the criminal justice system's
cooperation.
Increased case management efficiency alone will not alleviate the
backlog of pending criminal cases, nor prevent it from growing. We
must address the overwhelming drug-felony caseload in our court.
The newly formed criminal justice coordinating council met Feb.17 to
discuss additional solutions. From this council will come a dynamic
strategic plan for the criminal justice system's future needs.
While the judiciary will rely on the coordinating council's
recommendations, we recognize that the problem is the judiciary's to
solve. We will pursue offers of funding and other assistance
benefiting all members of the criminal justice system, ensuring
accountability to, and instilling confidence in, the public we serve.
Circuit Judge David B. Mitchell supervises Baltimore's criminal
docket.
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Kurt L. Schmoke
The homicide problem in Baltimore is complex and long standing.
Two factors must be kept in mind before one attempts to reach any
conclusions about the policy initiatives that should be implemented to
help solve the problem.
First, there have been only two years since 1970 in which there were
fewer than 200 homicides in Baltimore. That means that even in the
years before the crack epidemic gripped this area, a violent
subculture existed that viewed resolving problems through force as a
first resort rather than as a last resort.
Second, the City Health Department estimates that 59,000 drug
addicts reside in Baltimore. This means that approximately 1-in-8
adults in the city has a serious substance abuse problem and this
factor translates into a wide range of other anti-social behaviors that
contribute to the homicide problem.
Such a complex problem requires a multi-pronged strategy. Public
health, criminal justice and court reform all have a role to play.
Continuing and expanding the Health Department's drug-abuse
control policy is crucial to bringing down the homicide numbers.
Adopting innovative policing strategies, such as those used in
Cleveland that increase police presence on the streets at times that
are less predictable by criminals, are also useful. I recommended the
use of Cleveland's traffic-stop policy after a visit to that city last
year.
This intervention contributed to Cleveland's recording only 77
homicides in 1997. Finally, making the court system in the city the
most efficient possible is essential to this effort. That is why it is
relevant to restate the argument favoring a long overdue reform -- the
state takeover of Baltimore's Circuit Court.
Most of our citizens are not aware that state government pays for all
levels of the court system, save one, the Circuit Court. This is an
antiquated funding structure that makes it more difficult for the justice
system to speak with one voice and, of course, to bring about the
kind of systemic reforms that will be necessary to resolve some of
the problems we now face.
When the relative wealth of a particular jurisdiction impacts the level
of funding for the courts, this has a direct impact on the quality of
justice citizens receive. Although we understand that the politics are
not easy, the city administration has argued the policy rationale
supporting the state assumption of the costs of the Circuit Court for
the past 10 years.
Our argument continues to be that the court system can improve with
a combination of management reforms and additional resources.
Finally, Baltimore is taking a multi-pronged approach to resolving its
crime problem -- and meeting with a great deal of success. Overall,
violent crime in the city has declined substantially since 1994.
In addition, we have and will continue to try new strategies to attack
the discrete and persistent problem of homicides. Once we have all
aspects of the criminal justice system working together, we will see
the kind of results that our citizens expect and deserve.
Kurt L. Schmoke is mayor of Baltimore.
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Thomas C. Frazier
Over the past five years, the Baltimore Police Department has been
firmly committed to reducing incidents of violent crime, removing
violent offenders from our communities and improving the overall
quality of life here.
With active citizens as our partners, we are making significant
progress in diminishing our city's crime rate and forging many positive
changes in our neighborhoods. During the past three years alone,
incidents of violent crime have decreased more than 25 percent, and
overall crime is at its lowest point this decade. While these are
positive indicators, clearly our work is not finished. Most people are
familiar with the problem, violent crime driven by a drug subculture
largely targeting its own members.
Working within a system stretched beyond capacity, our courts are
struggling to manage a greater number of arrests. I continue to
support justice system changes. Criminals must be held accountable
to effectively decrease violent crime. I have been, and remain,
supportive of reforms such as prosecutors taking over the criminal
charging function, night court and arraignment court.
The shift in the charging function will clearly streamline the criminal
justice system. Night and arraignment courts are a must. More
violent offenders are being arrested, and we cannot afford a backlog
anywhere in the criminal justice process. This urgent issue is now
receiving statewide attention, and elected officials, legislators and
criminal justice leaders are working together toward positive reform.
One of the most important elements in reducing violent crime
revolves around effective drug treatment. More treatment slots are
needed for those individuals who rely heavily on crime to support
their addictions. Unquestionably, crime in Baltimore is narcotic and
addiction driven. With the highest addiction rate in the country,
effective drug treatment must be a part of the long-term solution for
Baltimore.
The approach to continue Baltimore's crime reduction is clearly a
three-pronged one: effective enforcement, swift prosecution and
adjudication as well as additional prevention and treatment
opportunities. Now is the time for unwavering commitment,
teamwork and positive change.
Thomas C. Frazier is Baltimore police commissioner.
__________________________________________________
Martha F. Rasin
The Sun has proposed that I institute measures to allow appeals
of
District Court cases to be based on previous court records to avoid
repeated trials. Unfortunately, the required statutory change has
repeatedly failed in the legislature. Although it could be quite
expensive to implement, the District Court has endorsed the change
you recommend.
I agree that the District Court should stop requiring that jury requests
be made at trial. Ironically, we started the practice at the request of
the Circuit Court to help reduce its caseload. Rather than making
unilateral changes that would cause chaos for the Circuit Court,
several months ago, I went to the Courts' Rules Committee and
asked for a safety net rule before I end the practice, and that should
be completed soon.
I disagree that the District Court's reluctance to move a judge from a
busy courtroom in the courthouse into an isolated courtroom in the
jail is evidence of a "turf battle."
Since the Central Booking and Intake Center opened, there has been
continuing cooperation to expedite District Court cases for jailed
defendants. Nearly every agency believes that we have had
tremendous success and that we are operating at maximum
efficiency. Because our goals are not identical, we will not always
achieve full satisfaction. The District Court's mission is to resolve all
cases fairly and promptly. We have not wanted to sacrifice that goal
to save the money gained from empty jail beds. We have offered to
hear expedited cases five days a week in our courthouses. To date,
only two days have been needed.
While we lament the recent problems in Baltimore, we might also
note what is positive. Jailed defendants in Baltimore wait less time for
their District Court trial dates than in almost any county in Maryland.
And nowhere else in the state is there a higher level of cooperation
among the entities working to handle misdemeanor criminal cases
than that which exists in Baltimore.
Martha F. Rasin is chief judge of the District Court of
Maryland.
Originally published on Feb 28 1999