Second chance available if willing to change
Published 9:56 pm Tuesday, November 28, 2017
By Judge Toni Walker Terrett
A few inches closer and a gunshot could be critical or deadly.
A little more force and a blow to the head could cause serious damage.
More speed or a sharp turn mixed with alcohol could result in an aggravated DUI.
Take the right amount of merchandise and that shoplifting charge may carry actual prison time.
These are examples where, but for a mixture of timing, opportunity and the grace of God, the charges could have easily been upgraded to a felony carrying anywhere from a year to life in prison. The maximum jail sentence for most misdemeanor crimes is six months.
Rehabilitation is at the core of the sentencing for modern-day offenders. When the law and the facts support a finding of guilt beyond a reasonable doubt and the offender accepts the verdict of the Court, the time for healing, redirecting and educating begins.
Disclaimer: This is not an attack on a defendant’s right to appeal a guilty verdict if they feel aggrieved by the outcome of their case. Everyone is entitled to his or her day in court and should not be denied a chance to exercise rights guaranteed by the Constitution.
Intervention precedes rehabilitation. True rehabilitation begins when attempts to intervene are successful. Regardless of what type of hardship, temptation or lapse in judgment occurred, the guilty party has to take responsibility for their actions. There has to be accountability.
Some offenders are not immediately receptive to the prospect of going to an intervention program. “What can a class teach me about (a) my anger issues, (b) my drinking habits or (c) my lack of impulse control that makes me shoplift? The short answer is “plenty,” but it takes more than a class or program alone to make changes.
Rehabilitation attempts will fail if the offender does not have a good support system. Mentors, supportive families and an engaged community are key to helping offenders refocus. One of the most beautiful things that results from the Vicksburg Municipal Court’s Community Impact Panels is the conversation that continues after the sessions with first-time nonviolent offenders. Several of the panel members, citizens who serve on a volunteer basis, have made it their business to keep in contact with the offenders in the weeks and months following to help them stay on track.
Amy Winehouse’s award winning song from 2006 titled “Rehab” was inspired by her reluctance to seek treatment for drug addiction and alcoholism. “They tried to make me go to rehab, I said no, no, no,” the lyrics go. Though she eventually took steps to battle her addictions, the young singer tragically died from alcohol poisoning in 2011.
The example of Amy Winehouse is extreme due to her eventual death, but it illustrates how a person’s quality of life can be greatly affected if he or she does not respond to attempts at intervention. The money spent on bail and fines and the time spent going in and out of court and jail could be put to better use in other venues. Accountability can often be expensive and time consuming.
Various theories exist to explain why certain people are more prone to criminal behavior. Some criminal acts are so egregious until the only appropriate remedy is long term incarceration.
But, in other instances, a crime of necessity, stupidity or carelessness may be an inch or a dollar short of a felony offense. For those offenders willing to accept the help, the appropriate intervention and community support could redirect them from being repeat offenders to leading a more productive life. Second chances are great, but as one wise man said, “A second chance doesn’t mean anything if you didn’t learn from your first.”
Toni Walker Terrett is Vicksburg Municipal Court Judge.