The Maryland governor has not been shy about his strong desire to do whatever is necessary to curb gun violence in Baltimore City, and he recently called out state lawmakers for dragging their feet on enacting stricter gun legislation. Since the 2020 legislative session began in January there have been over 100 shootings in Baltimore City, and each incident is a constant reminder that efforts to reverse the alarming crime rate have been largely ineffective. In response to the violence, three new criminal justice bills were introduced with the unwavering support from the governor himself. The first bill, entitled The Violent Firearms Offenders Act, was designed to increase punishments for certain firearms offenses, and includes brand new mandatory prison sentences for certain crimes. The next bill, The Judicial Transparency Act, was introduced as a measure to hold Circuit Court judges accountable for their sentences in certain violent offenses such as robbery, carjacking, sexual assault, kidnapping, arson and first-degree assault by establishing a database for all sentences handed down in theses cases. The third bill, The Witness Intimidation Prevention Act, was introduced to increase penalties for witness tampering and witness intimidation. All three of these bills allegedly have received overwhelming support from the Baltimore City residents and Maryland residents alike, but all three appear to be going nowhere in Annapolis.
The governor recently expressed his displeasure with the legislature for not jumping at the opportunity to push these bills toward his desk for a signature, but he should understand that not all bills designed to punish criminals are beneficial. It is easy for the public to stand behind a bill that increases punishment for gun offenders, but when minimum mandatory sentences are involved the cost can outweigh the benefit. The Violent Firearms Offenders Act increases the penalty for using a firearm in a crime of violence and adds possession of a firearm as a non-technical probation violation. Both of these provisions seem reasonable, and are not likely causing the legislature to second guess the bill. In our opinion the holdup appears to be related to the establishment of new mandatory sentences for theft of a firearm and for transferring a firearm to a prohibited individual. The bill seeks to add a 2-year mandatory sentence for theft of a firearm and unlawful transfer of a firearm for all defendants, including first-time offenders. These mandatory sentences will not allow the judge to consider all factors such as the defendant’s background, lack of intent to commit a violent crime and age. In essence the mandatory penalty groups all defendants and their cases together, which does not promote a just sentence.
The Judicial Transparency Act takes a degree of autonomy away from judges, and flies in the face of separation of powers. Judges should not have to worry about how their particular sentence would look in a database. They are entrusted with the responsibility to hand down a just sentence based on the facts of the case and the characteristics of the defendant. A database, especially one that will become highly political, will undermine the autonomy of the bench and should not be established. As for the Witness Intimidation Act, we believe this bill will be eventually approved by the General Assembly, though its effectiveness as a deterrent is arguable. The current witness intimidation laws already provide strict punishments.
The Blog will continue to follow the progress of these three bills, and may post a follow-up article in the near future. The legislative session is about halfway over, so the time is now for any of these bills to gain momentum. Benjamin Herbst is a Maryland criminal defense lawyer who specializes in gun crimes such as possession of a firearm by a prohibited individual, wear, transport and carry of a firearm, and use of a firearm in a crime of violence. Contact Benjamin anytime for a free consultation at 410-207-2598.
Hogan, Legislature in Open Warfare Over Crime, Taxes and Communication, marylandmatters.org.