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The Judiciary Is Not To Blame For Baltimore Violence, Judge Says

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Anders Hagstrom Justice Reporter
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A Baltimore judge claimed Thursday that the city’s judiciary is not the cause of the surge in violence, contrasting GOP Maryland Gov. Larry Hogan’s Tuesday claim that soft sentencing is keeping violent criminals on the streets.

Hogan announced Tuesday he would be pushing for “truth in sentencing” legislation that would ensure violent criminals face longer sentences and serve them in their entirety. Mary Ellen Barbera, the chief judge of the Maryland Court of Appeals, acknowledged in her Thursday op-ed for The Baltimore Sun that judges had made a habit of “suspending” portions of many sentences, but claimed they didn’t shorten them to an extent that would hurt Baltimore.

In defense of the judiciary, Barbera wrote that 90 percent of suspended sentences are actually “split sentences,” meaning the judge only suspends part of a convict’s time in prison.

“A split sentence results when an individual is sentenced to 10 years’ imprisonment, with five years suspended, and three years of probation effective upon release,” the judge wrote. “Although part of the sentence is ‘suspended,’ the defendant serves jail time.”

Barbera wrote that the use of split sentences is essential to fairness in the justice system because it gives judges room to tailor sentences to the circumstances of specific criminals. Hogan’s “truth in sentencing” reforms would change this, emphasizing predetermined mandatory sentences over judicial discretion.

“We’re arresting a lot of violent people who commit violent crimes with guns who are not going to jail,” Hogan told CBS. “I believe 60 percent of those cases, the people are back on the streets. It’s outrageous. It’s disgraceful.”

Hogan’s legislative push addresses concerns raised by Baltimore Police Commissioner Kevin Davis, who has long claimed that violent criminals arrested in the city get released too early. Davis told reporters that even the victims in city homicides have and average of 10 arrests on their records, proving in his mind that the justice system is not meting out adequate punishment. (RELATED: Baltimore Commissioner Defends Officers In Third ‘Questionable’ Body Cam Video)

“We’re going to push the legislature to get even tougher,” Hogan said Tuesday. “So if you say you’re going to get this number of years, you’re going to get that number of years.”

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