Coalition pushes for harsher punishment for violent crimes

BY TriCities.com Staff Reports
May 2, 2007

NASHVILLE, Tenn. — The Tennessee Public Safety Coalition, with support from leading business groups and major retailers, today pushed for passage of tougher sentencing laws for violent crimes as lawmakers enter the homestretch of this year’s legislative session and debate potential uses of surplus revenue.

The Coalition, representing Tennessee’s district attorneys general, police chiefs and sheriffs, urged Gov. Phil Bredesen and members of the General Assembly to consider setting aside a portion of additional anticipated funds to cover the cost of key anti-crime measures that would require “hard time” for gun and gang crimes, and commit extra resources to help prosecute offenders.

The Public Safety Coalition bills — SB1967/HB1835, SB1322/HB1834 and SB1554/HB1836 — are sponsored by Sen. Mark Norris, Collierville; Sen. Randy McNally, Oak Ridge; Sen. Paul Stanley, Memphis; Rep. John DeBerry, Memphis; and Rep. Kent Coleman, Murfreesboro. Endorsing the bills are business groups including the Tennessee Retail Association, National Federation of Independent Business and Memphis Tomorrow, and major retailers like AutoZone and Wal-Mart.

“Focusing on the most violent offenders helps make our communities safer for all Tennesseans,” said Montgomery County Sheriff Norman Lewis, chairman of the Public Safety Coalition. “We appreciate the business community’s support, and we’re hopeful the administration and the legislature can identify funding to make these proposals a reality.”

Tennessee’s violent crime rate, which stood at 753 incidents per 100,000 people in 2005, now is the second-highest in the U.S., according to the Federal Bureau of Investigation — second only to South Carolina.

Gun crimes account for a rising share of Tennessee’s violent crimes. In 2005, roughly 31 percent of robberies and aggravated assaults were committed with a firearm, according to data from the Tennessee Bureau of Investigation. Similarly, local law enforcement notes gang crimes involving three or more offenders also are on the rise. In Memphis, reported gang crimes spiked 69 percent from 2004 to 2006. In Knoxville, they jumped 18 percent from 2005 to 2006.

Across Tennessee, repeat offenders account for a significant share of violent crimes — especially those involving guns. In Nashville, for example, nearly 40 percent of arrests for firearm-related felonies in 2005 and 2006 were committed by individuals with prior convictions.

“Enforcing hard time for gun and gang crimes helps give law enforcement the tools we need to take violent and repeat offenders off the streets,” said Nashville Police Chief Ronal Serpas. “Tougher sentencing sends a clear signal that we won’t tolerate violent crimes.”

Currently, Tennessee sentencing guidelines allow violent offenders in certain situations to serve as little as 30 percent of their total sentence. For example, a first-time offender who commits a Class B felony with a firearm, such as especially aggravated burglary or attempted second-degree murder, likely will serve only 2.4 years of an eight-year sentence. Under the “Hard Time” approach, offenders who possess a gun while committing a Class B felony would serve a minimum six-year prison sentence.

“Most Tennesseans don’t realize that our state’s sentencing laws are as lenient as they are,” said Shelby County District Attorney Bill Gibbons. “Tougher sentencing not only protects our communities by locking away the most violent offenders, but also can be a deterrent.”

Elsewhere, tougher sentences are having a deterrent effect. Florida’s gun crime rate has fallen about 30 percent since the Sunshine State enacted its “10-20-Life” law in 1999. The law requires a minimum 10-year sentence for crimes involving possession of a gun, a 20-year sentence for crimes in which a gun is fired, and 25 years to life if the crime causes injury or death.

Meanwhile, also complicating Tennessee’s efforts to deal with violent crimes is the fact that prosecutors face overwhelming caseloads. In the 2005 to 2006 fiscal year, individual prosecutors on average handled 1,216 cases in Davidson County, 972 in Knox County, 917 in Shelby County and 803 in Hamilton County. To put it in perspective: Fulton County, Ga., prosecutors in Atlanta each handled 691 cases that year.

The Public Safety Coalition bills include a proposal to add 64 additional prosecutors in judicial districts across Tennessee in an effort to reduce caseloads and give prosecutors the resources they need to convict violent offenders.

Endorsing the Public Safety Coalition’s overall strategy are leading business groups promoting safe communities, including the Tennessee Retail Association, National Federation of Independent Business and Memphis Tomorrow, and major retailers like AutoZone and Wal-Mart.

“Violent crime is a problem that affects communities at every level,” said Blair Taylor, president of Memphis Tomorrow, an organization of CEOs. “It undermines our public safety and our quality of life. The business community is committed to helping law enforcement get a handle on the issue.”