May 5, 2005
Representative Moran
Representative Moran
May 5, 2005
The Honorable James P. Moran
U.S House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515-4608
Dear Representative Moran:
As your constituent, I urge you to oppose the Gang Deterrence and Community Protection Act of 2005 (H.R. 1279). This legislation would dramatically expand the use of the death penalty and could result in the conviction of innocent people on broadly defined “gang-related” charges.
I do not believe the death penalty’s use should be expanded. This bill would increase the number of federal crimes eligible for the death penalty. There are numerous examples of people spending years — and even decades — on death row only to be exonerated. The expansion of the death penalty could increase the likelihood that innocent people will be sent to death row and even executed.
This legislation further erodes the sentencing discretion of judges by imposing mandatory minimums that would result in unfair and discriminatory prison sentences. Mandatory minimum sentences deprive judges of the ability to impose sentences that fit the particular offense and offender. This creates an unfair advantage for prosecutors when charging people, thus contributing to the very problem mandatory minimums were created to address.
I believe that creating a vague definition of “gangs” could increase wrongful convictions. Under this legislation a group of people as small as three people would be considered a “gang.” Offenses that were committed 10, 15 or 20 years apart could be used to convict people as a “gang” member.
Once again, I urge you to oppose the Gang Deterrence and Community Protection Act of 2005 (H.R. 1279). I do not believe it is a reasonable and rational response to the challenges America faces in its efforts to keep young people away from gangs.
As I am someone who has experienced the loss of a loved one due to violent crime, I look forward to hearing your thoughts on this matter.
Sincerely,
James Landrith
May 26, 2005
Mr. James Landrith
PO BOX 8208
Alexandria, Virginia 22306-8208
Dear Mr. Landrith:
Thank you for contacting me concerning gang deterrence legislation that would have the effect of expanding the use of the death penalty. I appreciate hearing from you and benefit from your input on this issue.
As you know, the Gang Deterrence and Community Protection Act of 2005 (H.R. 1279) was introduced to expand the number of penalties and sanctions against criminal street gang activity. Unfortunately, this bill goes too far in lowering the threshold for making certain criminal activities eligible for capital punishment. While I understand that gang activity and gang crime are a growing problem in Northern Virginia, I firmly believe there are other avenues available to solve this problem short of expanding the list of criminal activities punishable by death.
Gang deterrence should include a combination of measures. Preventative investment in after school programs for young men and women can be coupled with increased resources for law enforcement and stricter punitive measures to yield effective results.
Due to family matters I was unable to vote on this issue, and it passed by a margin of 279 to 144 votes. If future legislation concerning the expansion of the death penalty reaches the House of Representatives, I will keep your thoughts in mind.
Please feel free to visit my website at http://www.moran, house.gov that contains information on other topics of interest or to sign up for the Moran E-Digest to receive periodic email updates and issue alerts. Thank you again for contacting me.
Yours truly,
James P. Moran
JPM/