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The Anti-Murder Act

By Times editorial
Published April 27, 2006

First, let us stipulate that Florida Attorney General Charlie Crist is, unequivocally, anti-murder. In case anyone doesn't know that, Crist, a Republican candidate for governor this year, is pushing legislation that would strip discretion from local judges and could unnecessarily burden the state's prisons. Whatever Crist's intentions, this bill is another assault on the independence of the judiciary.

The "Anti-Murder Act" unanimously passed the House without debate Tuesday and is headed to the Senate. It would direct judges to hold certain categories of violent ex-convicts in jail without bond if they are accused of violating the terms of their probation. Those judged guilty of the offense, such as failing a drug test, would also face the prospect of returning to prison for a longer term.

The legislation is a top priority for Crist. It is a reaction to the terrible child murders of Jessica Lunsford, Sarah Lunde and Carlie Brucia. But even if this bill had been the law at the time, it would not have affected Joseph Smith, who is now on death row for the rape and murder of 11-year-old Carlie. Smith had no prior violent felony convictions in his background, a condition that is necessary to trigger the proposed legislation. Smith's probation violation had to do with fines he hadn't paid, and the legislation explicitly removes monetary probation violations from its reach.

Admittedly, this year's version of the anti-murder bill - as opposed to a much broader one proposed last year - would have a relatively small impact on the status quo. Criminal court judges already tend to deny bond and deal harshly with violent felons who violate probation. Still, the bill is expected cost the state more than $10-million by adding 251 inmates to Florida's prison system by 2008.

Probationers are required to submit to random drug tests, stay away from other criminals and report regularly to their probation supervisor, among other conditions. Failure to abide by any of these rules could result in the return to prison for years. A judge is in the best position to decide whether someone's slip-up is a small mistake or a serious offense. Bills like the Anti-Murder Act just get in the way, without enhancing public safety.

[Last modified April 27, 2006, 09:27:53]