Posted on 02/04/2004 2:49:45 PM PST by Murtyo
McDowell dismisses judges’ criticisms of murder sentences By JUSTICE Minister Michael McDowell last night dismissed leading judges’ criticisms of sentencing for murder and manslaughter, stating he felt strongly that mandatory life sentences for murder are appropriate and desirable.
Defending his policies in this area of the law, Mr McDowell also warned criminals who customarily used violence that, if convicted of murder, they could expect to go to prison for a very long time.
Ruling out the relaxation of mandatory 40-year sentences for capital murder of gardaí, prison officers, diplomats and heads of state, the minister said it could have profound implications for the existence of an unarmed police force, especially where firearms are so freely available to criminals.
Detailing his personal policy that at least 12 to 15 years must pass before an adult convicted of murder, can come up for parole, Mr McDowell also stood by his insistence that in murder cases arising from violent crime robbery, gangland activity or drugs there is no chance of parole until 15 to 20 years has elapsed.
Describing the previous situation where those guilty of murder could be up for parole after just seven years, the minister said he lengthened these periods as he believed there has been a consistent diminution in the perceived value of human life in our society and, in particular, in the context of the crime of murder.
Mr McDowell said that in recent times a number of judges had taken what he described as the unusual step of commenting publicly about the possibility of changing the law:
Chief Justice Ronan Keane suggested the mandatory life sentence for murder be replaced by a system where judges would decide the appropriate sentence for murderers.
Justice Paul Carney proposed ending the distinction between murder and manslaughter.
High Court President Justice Joseph Finnegan said some murderers did not merit any custodial sentences at all.
Speaking at a Progressive Democrats meeting in Waterford, the minister said he believed a response that was free of rebuke or disapproval to the senior judges' comments was required.
"The question arises as to whether the public wish to allow judges decide whether murder should now attract a suspended sentence or a sentence of eight years in one case and 16 or 24 years in another," he said.
The minister queried whether outcomes would be more consistent or acceptable if left up to judges.
"That is not to say provision should not be made for the trial judge to formally express his or her opinion on minimum lengths of imprisonment that a "lifer" should serve," he said.
But after finding that some people involved in the recent feuding in Limerick had served less than seven years for a premeditated murder, the minister said: "I believe the message must go out to anyone who uses intentional violence as part of their lifestyle that if such intentional violence results in a murder conviction that they will stay in jail for a very, very long time."
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