Administration of Justice
Action to secure an effective, nonpartisan judiciary and to promote fair and appropriate sentencing, including the abolition of the death penalty; and a correctional system, including probation and other alternatives to incarceration, that protects society and prepares offenders for successful reintegration into the community. (1963, 1964, 1967, 1970, 1987,1989, 2005)
Judiciary
Support for:
- a statewide uniform and unified judicial system.
- appointment of judges by the Governor based on the recommendations of judicial nominating commissions, with voter confirmation in nonpartisan merit retention elections.
-
effective, nonpartisan procedures for removing judges from office.
(1963, 1964, 1967, 1970)
Sentencing
LWVMD has Support for:
- -sentencing based on the offense, the offender's previous record, aggravating or mitigating circumstances, and the impact on the victim.
statewide plea bargaining guidelines.
- sentencing guidelines which are
- evaluated continually by a panel of judges, legislators and others interested in sentencing, and
- expanded to include alternative sentencing.
- -reporting judicial rationale for sentencing outside the guidelines.
- -recognizing prison space as a limited resource reserved primarily for those who have committed serious or violent crimes, with the use of alternative sentencing for others.
(1985)
Capital Punishment
The League supports the abolition of the death penalty in Maryland.
For so long as Maryland has a death penalty, the League supports the following reforms for its equitable and consistent application.
-
uniform, statewide, criteria for death penalty prosecutions.
- changing the standard of proof in weighing of aggravating and mitigating factors in sentencing from “preponderance of the evidence” to “beyond a reasonable doubt.”
- requiring prosecutors to provide open file discovery and all favorable evidence to the defense, and to establish uniform internal guidelines for cases that are particularly subject to human error, such as those relying on eyewitnesses, co-defendants or jailhouse informants.
- having mechanisms for preserving evidence such as DNA and for introducing newly discovered evidence.
- requiring judges to explain to jurors life without parole as a sentencing option and to charge the jury to weigh mitigating factors.
- effective defense including methods to screen, appoint and supervise lawyers representing defendants charged with capital crimes, adequate compensation for public defense counsel and sufficient funding to mount an effective defense.
Corrections
LWVMD Supports
- alternatives to incarceration in state prisons, e.g., community correctional facilities, halfway houses, group homes, and other community-based services.
- a well-staffed correctional system that provides effective training and adequate salaries for the correctional services staff.
- a probation system that
(a) is an integral and adequately funded component of the correctional system.
(b) facilitates the behavioral change of clients through cooperation and interaction among community, agency, and departmental resources. These resources, including substance abuse programs, work empowerment, parenting skills, mental health counseling, and child/sex abuse treatment, should be available to every client who needs them.
(c) recruits and retains probation agents; provides a career ladder for field agents; and gives them manageable workloads, time flexibility, and office resources to do in-depth risk and needs assessments, to develop treatment plans, to make referrals for services, and assist in getting clients accepted in programs, and to follow up on client participation in programs. There should be appropriate office facilities, private space, and technological and clerical support to allow agents sufficient involvement with clients.
(d) includes intensive as well as lower levels of supervision of clients.
- a Maryland prison system which provides:
(a) a humane physical and psychological setting by the adoption, monitoring, and enforcement of standards with respect to:
-- temperature, ventilation, light and noise control;
-- medical, dental, and mental health care;
-- classification services;
-- fair, non-abusive, non-racist treatment by staff;
-- living space;
-- daily exercise;
-- nutrition;
-- personal safety;
-- visitation.
(b) useful activities (work training, education, counseling, treatment programs) for a substantial part of the work week.
(c) adequate programs which create and enhance self-worth and facilitate community reintegration and economic self-sufficiency, including:
-- substance abuse treatment programs throughout incarceration;
-- ongoing counseling programs;
-- education, literacy, and vocational training;
-- reintegration services for all inmates prior to release and encouragement, with strong incentives, to participate in these programs.
(d) space and security staff adequate to support program activities.
- the correctional system's active encouragement of the use of qualified and trained volunteers.
- a significant citizen role in setting, reviewing, and monitoring correctional
policy.
- the use of pre-sentence investigations.
(1971, 1975, 1977, 1979, 1987, 1989)
Juvenile Corrections
LWVMD Supports
- the use of specialized judges, counseling services, and administration of juveniles cases, all geared to dealing with families.
- small, regional juvenile institutions.
- retention of the Youth Center System (formerly called "Forestry Camps.")
- Individually designed training and treatment programs and local or regional diagnostic services for juvenile offenders.
- coordination of programs and services for juvenile offenders provided by state agencies.
- 24-hour supervised residential work and restitution centers with treatment programs available.
(1971, 1975, 1977, 1979, 1987, 1989)