A primary concern of MAJR is informing voters about the intent and qualifications of candidates for the office of State’s Attorney. To further this effort we have a few suggested questions that those candidates could address. Responses to a survey like this will give voters a much clearer idea about the positions of candidates and, hopefully, understand the possibilities of a more open and just judicial process.
*Questions for the Candidates for State’s Attorney*
1. Short Version:
In your opinion is there a difference between being “tough on crime” and being “smart on crime”? Please explain.
1. Longer Version:
We hear that some prosecutors want to be “tough on crime”– always going for the harshest possible sentence and mandatory penalties. With prison costs of $40,000 per year do you think it makes more sense to be “smart on crime” and focus on treatment and rehabilitation, especially for drug-related offenses?
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2. Short Version:
Should minor offenses be decriminalized, resulting in fines instead of jail time?
2. Longer Version:
The Office of Public Defender proposes decriminalizing minor offenses to reduce the impact of case overload on both his department and the prosecutors. Should minor offenses such as trespass, possession of token amounts of marijuana, theft under $100, and disturbing the peace be decriminalized, resulting in fines instead of jail time?
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3. Short Version
Where do you stand on bail reform? Do you favor using pretrial risk assessment? Will you recommend pretrial supervision?
3. Longer Version
With money bail, a violent criminal sometimes can pay a bail bondsman and be released the next day, while a nonviolent, poor individual may be unable to afford any bail and may be imprisoned for months before trial at taxpayer expense. Do you favor scientific pretrial screening to help judges decide which defendants actually are a risk? Do you endorse pretrial supervision in the community for low-risk individuals?
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4. Short Version
Do you endorse timely pretrial screening for minor offenses?
4. Longer Version
In Washington D.C., and other places, state’s attorneys have found that early pretrial screening, especially of laypersons’ complaints to commissioners, can result in early dismissal of over 40% of these charges, saving taxpayer costs for jails and unnecessary jail time for individuals wrongly held. Would you make sure that your office screened layperson’s charges within 30 days or less?
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5. Short Version
Would you work to expand criminal diversions in this County in which willing victims and offenders are offered mediation?
5. Longer Version
Many Maryland counties have District Court criminal diversion programs in appropriate cases where victims, if they are willing, can sit down with defendants and work out agreements to get cases settled without trial. This can save time for prosecutors and courts, and can help young offenders avoid the long-term damage of a criminal record. Would you work to expand diversion in this County?
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6. Short Version
Are you committed to filing only those charges that the evidence supports?
6. Longer Version
Many experts say that overcharging by prosecutors unfairly pressures defendants into pleas, even with weak or insufficient evidence. Also, even when charges later are dismissed or result in a lesser conviction, defendants have the stigma of a much more serious charge on the public record. Would you pledge only to file charges that you are confident the
evidence supports?
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7. Short Version
Would you support reducing time required for expungement from 10 to 5 years for nonviolent offenses?
7. Longer Version
Currently, expungement for many criminal offenses isn’t available until a defendant has had a clean record for 10 years or more. Knowing that the record still would be known to the police for criminal investigations, would you support a proposal for to expunge the public record for nonviolent offenses, if a defendant has completed any sentence and been a law abiding citizen for 5 years?
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8. Short Version
How should the position of State’s Attorney be evaluated?
8. Longer Version
Representatives of the public cannot be present at many hearings and plea bargains. What measures should be recorded to help us evaluate the performance of the State’s Attorney?
