Stephen Morse: The problem with Philadelphia judges

To a certain extent, crime within Philadelphia and on Penn's campus is inevitable. Even with the best possible police force, a few unfortunate Penn students will become victims of crime each year. If they want to see the perpetrators of their crimes brought to justice, they will have to go through the Philadelphia court system. In my own personal experience, there is a large divide between what most people would consider an appropriate sentence and the actual punishment given.

Last November, my girlfriend was among five Penn students who had their wallets, keys, and ultimately identities stolen from Van Pelt library. Fortunately, the perpetrator was apprehended not long after. At the time, I was ecstatic and had no idea how ill-prepared I was for my trip through the Philadelphia judicial system.

Following months of trial delays orchestrated by the defendant, he finally plead guilty to the first two charges against him earlier this month. Although he committed these crimes while already on federal probation for mail fraud, he was considered a first-time offender of an F3 felony in Pennsylvania and could have received a maximum sentence of three and a half years to seven years in prison.

Instead, the judge assigned him a mere 36 months of probation despite the fact that these incidents occurred while the defendant already was on federal probation for mail fraud. Considering that I have friends who have received the same sentence for underage drinking, I was stunned by the outcome of the trial. I became even more frustrated when I realized that, rather than being forced to serve actual time, this man has been allowed to return to his job at an off-campus restaurant--only a couple blocks away from where he committed his crimes.

Research shows that I am probably not alone in my disappointment. According to data from the Pennsylvania Commission on Sentencing, only 54 percent of Philadelphia criminal sentences fall within the middle range of the Pennsylvania state guidelines. Another 26 percent of convicts receive sentences that are mitigated within the guidelines or below the set of guidelines all together.

A quick comparison shows that convictions in neighboring Chester and Delaware Counties usually draw more severe penalties than those in Philadelphia. For instance, 75 percent of criminals tried in Delaware County, which borders western Philadelphia, receive sentences within the standard range of guidelines. Only 11 percent of criminals would receive mitigated sentences that are either at the low end of the guidelines or significantly less than what the guidelines call for altogether. The sentencing gap between Philadelphia County and other surrounding counties has remained consistent from year to year.

According to Philadelphia lawyer Matthew J. Wolfe, "These guidelines were put into effect because the judges here in Philadelphia gave so many sentences that would have been more lenient than the lowest sentence within the new guideline system." The current situation in the Philadelphia court system suggests that the sentencing guidelines have not gone far enough.

While I advocate fairness within the judicial system, the criminal sentencing guidelines in Pennsylvania need major changes. How can officers do their job when the same criminals are thrown back on the streets? Philadelphia's soft stance on crime will continue to make America's fifth largest city a hotbed for criminal activity. Whereas New York City has seen dramatic decreases in crime since the mid-1980s, Philadelphia's crime rates are still far higher than our big brother to the North.

Until the Pennsylvania sentencing guidelines are altered, students at Penn can make a difference when it comes to selecting judges. During the past presidential election, many students registered to vote using their campus addresses.

As a result, these students will be able to vote in the upcoming general November election this Fall. Judges that you vote for may have a greater and immediate impact on your life than any Senator or congressman ever will. By supporting judicial candidates like Brad Moss and Carlie Cunningham, who will take a strong approach to sentencing, students can be reassured that justice will be served.

While there are many things which need to be changed in the current Philadelphia judicial system, students should not shy away from prosecuting a criminal and taking a case to trial. Rather they should take an active interest in their case and openly communicate with the detectives and prosecutors. After all, a disappointingly lenient sentence is still better than no sentence at all.

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