Editorial, 12/12: Habitual criminal law needs overhaul | Editorial | journalstar.com - Lincoln Journal Star

The numbers unearthed by the Journal Star’s Andrew Wegley in his investigation of Nebraska’s habitual criminal convictions are shocking but hardly surprising.

A total of 146 people are now incarcerated under the enhanced sentencing measure that requires a 10-year minimum sentence for those convicted of three felonies. Of those, 75 (or 51%) are people of color – specifically, 46 Black, 18 Latino, 10 Native and one other.

That is a higher rate then even the general prison population, which is 22% people of color. But it is even more disproportionate when compared to the state’s population, which is 78% white, 5% Black, 11% Latino and 1% Native.

That conviction rate is further evidence that the habitual criminal charge has been often used by prosecutors as a cudgel to push individuals with previous convictions again charged with a crime into accepting a plea deal rather than risking the 10 years in prison if they take their cases to trial.

The racial discrepancy in the sentences and cultural approach to criminal law, coupled with unequal application of the mandatory minimum sentence, must be rooted out of the system, via legislation and strictly adhered-to policies.

And so should the disproportional use of mandatory minimum sentences, predominantly in rural counties.

source: https://journalstar.com/opinion/editorial/editorial-12-12-habitual-criminal-law-needs-overhaul/article_473dfc3c-14c8-5dfc-b011-df4edd020482.html

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