Mississippi Today
Bill’s mandatory minimum sentences would worsen state’s soaring prison population, criminal justice advocates say
Bill’s mandatory minimum sentences would worsen state’s soaring prison population, criminal justice advocates say
Legislation awaiting Gov. Tate Reeves’ signature would set mandatory minimum sentences for carjacking and fleeing law enforcement – a move that criminal justice advocates say will increase the prison population and not help public safety.
FWD.us State Director Alesha Judkins said mandatory minimums add to the state’s growing prison population and limit judges from using discretion in sentencing.
“Mississippi is not in the position to handle a situation where we will be sending more people to prison for longer,” she said.
The state has the highest imprisonment rate in the nation and its rate is higher than some countries. Mississippi’s prison population has hovered above 19,000 for several months – numbers the state hasn’t seen since before the COVID-19 pandemic, according to data from the Department of Corrections.
Senate Bill 2101, proposed by Joey Fillingane, R-Sumrall, and passed by both chambers, would increase the current mandatory minimum prison sentence for carjacking from three to five years and the sentence for carjackings that result in serious injury or death from seven to 10 years.
The bill also sets minimum sentences for when people fail to stop and flee from law enforcement: a 10-year minimum for fleeing and operating a vehicle in a reckless manner, a five-year minimum for fleeing that results in injury and a seven-year minimum for fleeing that results in death.
Even without mandatory minimums, Mississippi is running out of space in its prisons, Judkins said. The entire prison system has a capacity of about 22,000, according to Department of Corrections records.
In January, Lt. Gov. Delbert Hosemann, announced three bills including SB 2101 that would set or raise minimum sentences. The other bills, which proposed minimum sentences for motor vehicle theft and receiving stolen property, did not pass.
Hosemann spokesperson Brittney Davis said the legislation was in response to incidents of violent crime.
“The legislation is intended to act as a deterrent by mandating a certain sentence or raising penalties,” she said in a Thursday statement. “While we are invested in issues like education, rehabilitation, and mental health, which prevent crime, Lt. Governor Hosemann also believes those who commit violent crimes should serve time.”
In a Jan. 5 interview with Supertalk, Hosemann said information he receives from the Administrative Office of Courts indicates that judges are suspending sentences for people convicted of carjacking, meaning the convicted would serve less than the mandatory minimum prison sentence.
Fillingane echoed this point about suspended sentences during a Jan. 26 Judiciary B Committee hearing. The senator said sentence suspensions are especially prevalent in the Jackson metro area.
“It’s basically a warning and I think the thought being this is such a violent type situation and it’s become so prevalent in this area that we don’t want judges to completely suspend the sentence,” he said.
Language in the bill specifies that minimum sentences cannot be reduced or suspended and that defendants would not be eligible for electronic monitoring or house arrest.
During committee meetings, Fillingane was asked about the basis and supporting data to justify the need for the bill. Sen. Angela Turner-Ford, D-West Point, asked how increasing the current carjacking minimum sentence would change judges’ ability to suspend sentences and deter crime. Fillingane said he didn’t have the answer.
“That’s the explanation I’ve been given,” he said.
Fillingane did not respond to a request for comment.
In January as the committee hearings were going on, State Public Defender Andre De Gruy fact checked claims Fillingane made in committee meetings by reviewing carjacking convictions for Hinds County.
He looked through four years worth of reports and found five carjacking convictions. From there, he looked up the cases in the Mississippi Electronic Courts system and found two cases with suspended sentences.
Half of all counties in the state aren’t on the electronic court system, so the ability to access case information for individuals charged with criminal charges such as carjackings in non-participating courts would need to be done in person.
Lawmakers haven’t specified what court information they reviewed to introduce the legislation. But De Gruy said if they were referring to the Administrative Office of Courts reports, it is possible to misinterpret them.
He noted that he tailored his search to carjacking convictions because the reports would include more dispositions such as dismissed and remanded cases for people who haven’t been convicted.
DeGruy said Wednesday that when the next Administrative Office of Courts report is available in July, he expects to see carjacking convictions and sentence suspensions for Hinds County to remain about the same.
Through a records request with MDOC, FWD.us found that as of July 2022, the average sentence statewide for carjacking was nearly 12 years and 17 years for armed carjacking – evidence that judges are sentencing more than the mandatory minimum.
While lawmakers have raised concern about judge’s ability to suspend sentences, suspension is something they are allowed to do through judicial discretion.
Criminal justice advocacy groups including FWD and conservative group Empower Mississippi have spoken out against the mandatory minimum bills and the effect they would have on discretion.
“This means the Legislature would be mandating a one-size-fits-all sentence instead of allowing local judges to consider the circumstances and perhaps, in some cases, issue a punishment that would be more effective and less expensive than prison,” Empower Senior Adviser Forest Thigpen said in a March 26 statement.
Judkins wants more people to consider other costs of incarceration, such as the amount taxpayers spend on the prison system and the impact on incarcerated people and their families.
Taxpayers spend over $360 million annually on the prison system, according to a November report by FWD.us. Mississippians also face longer prison sentences than the national average for a range of offenses.
Judkins said incarcerating people under mandatory minimums can affect people’s sense of hope and access to the opportunities like rehabilitative programs that make prisons safer for the people who live and work there, as well as help reduce recidivism.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Meet the 2 Candidates for Mississippi Supreme Court’s Nov. 26 Runoff Election
On Tuesday, Nov. 26, voters will determine who will hold one of central Mississippi’s three seats on the nine-member state Supreme Court. This 22-county area includes Hinds County and Jackson.
Justice Jim Kitchens is seeking a third, eight-year term on the high court. State Sen. Jenifer B. Branning is the challenger.
The state Supreme Court often has the final say in cases involving criminal, civil and death penalty appeals, questions on the state’s laws and constitution, and legal issues of public interest. It hears appeals from lower courts, such as the chancery and circuit courts. The court decided 260 cases in 2023 and issued rulings in 2,656 motions and petitions.
The Marshall Project – Jackson and Mississippi Today compiled information about each candidate to help you make an informed decision at the polls.
Admitted to Mississippi Bar: 1967
Residence: Crystal Springs, Copiah County
Relevant experience: Completing second term as Supreme Court justice; 41 years as practicing attorney, including nine as district attorney of Copiah, Walthall, Pike and Lincoln counties.
Campaign finance: As of Oct. 10, his campaign committee has raised $288,502, mostly from trial lawyers, and spent $189,675, leaving the campaign with $98,827. Read the latest report here.
Statement of economic interest: Kitchens and his wife are partners in a real estate company, Kitchens Properties, LLC, in Copiah County. Read the latest report here.
Kitchens was first elected to this seat in 2008, after more than 40 years practicing law, which includes nine years as a district attorney across four counties. He is one of two presiding justices, who have the most years on the bench, following the chief justice. Presiding justice is a role on the court’s executive committee that includes administrative duties, such as enforcing the court’s deadlines, and presiding over panels during oral arguments.
Campaigning at the 2024 Neshoba County Fair, Kitchens stressed his experience in the courtroom, especially on criminal cases, and promised impartiality.
Kitchens said he is “the guy that carries his oath of office around in his pocket as a daily reminder of what he swore to do. That oath teaches me that I’m not supposed to care whether people before the court are rich, poor, Black, White, Republican, Democrat, Libertarian or Independent. And I don’t care.”
Mississippi College of Law Professor Matthew Steffey described Kitchens as a “middle-of-the-road centrist.” On the bench, Kitchens’ dissents have keyed in on what the justice called oversteps in judicial power and scrutinized prosecutorial decisions.
Kitchens wrote a partial dissent on the decision about House Bill 1020, calling the creation of the court in Hinds County a “fiction of convenience that overreaches our judicial function, and of ultimate importance, our constitutional duty.” He also joined a dissenting opinion in the case that killed Mississippi’s ballot initiative.
Ensuring defendants who can’t afford representation have court-appointed lawyers is a theme throughout Kitchens’ career. He was the chair of the Public Defender Task Force, which was created in 2000 to study and make recommendations on the public defender systems in the state. In a 2018 interview with Mississippi Today, Kitchens expressed support for a more well-organized and adequately funded state public defender system for Mississippi.
The bulk of Kitchens’ campaign donations through Oct. 10 have come from trial lawyers. In addition to Mississippi attorneys, the campaign also received contributions from lawyers as far away as Oregon and Pennsylvania. In the three months since the July finance report, Kitchens’ campaign raised over $200,000, more than it had previously raised in the entire race. He has also received an endorsement from the Southern Poverty Law Center, an advocacy group specializing in civil rights litigation.
Admitted to Mississippi Bar: 2004
Residence: Philadelphia, Neshoba County
Relevant experience: State senator since 2016.
Campaign finance: As of Oct. 10, Branning’s campaign committee has raised $665,624, including a $250,000 loan from the candidate, and spent $343,728. The campaign reported a balance of $319,876, which left a discrepancy of about $2,000. Read the latest report here.
Statement of economic interest: Branning is listed as member, owner, stockholder or partner in several companies located in Philadelphia, including her law firm, Branning Properties, LLC, and Triple E Investments. Read her latest report here.
Republican state Sen. Jenifer B. Branning is running on a platform to represent Mississippians’ conservative values on the Supreme Court, she said at the 2024 Neshoba County Fair candidate forum.
Branning has no judicial experience. Since she joined the Mississippi Bar in 2004, she has practiced as an attorney, primarily representing businesses through her private practice in areas including real estate development, banking and agribusiness. She has also served as a special prosecutor in Neshoba County, a guardian ad litem in Neshoba and Winston counties, and as a staff attorney in the Mississippi Secretary of State’s Division of Business Services & Regulation.
Branning described herself as a “Christian conservative.” She has been endorsed by the state’s Republican Party and the National Federation of Independent Business Mississippi PAC, a special interest group for small businesses. She has been outspoken about overturning Roe v. Wade and supporting the state’s abortion ban, and about reducing taxes on businesses. Branning is also a member of the National Rifle Association. On criminal justice issues, Branning has voted in favor of mandatory and increased minimum sentences for crimes including shoplifting, motor vehicle theft and fleeing law enforcement.
In the state Senate, Branning chairs the Highways and Transportation Committee. She has touted her record on lowering taxes and reducing regulations on farmers and small business owners.
Branning comes from multiple generations of business owners in Neshoba County. Her grandfather, Olen Burrage Jr., owned and operated a truck farm, hauling timber and corn, according to previous news reports.
Her election committee has received contributions from political action groups including Truck PAC, Mississippi Petroleum Marketers & Convenience Stores Association PAC and the Mississippi REALTOR PAC.
Much of Branning’s campaign funding, however, comes from the candidate herself. She kicked off her campaign with a $250,000 candidate loan. She has also bankrolled her previous senate campaigns, with candidate loans as high as $50,000 in 2018. This year, her campaign committee also received funding from other Republican politicians and their campaign funds, including Lt. Gov. Delbert Hosemann, the Committee to Elect Jeremy England (state senator), Harkins for MS (state Senator Josh Harkins), and Friends of Jason White (Mississippi House speaker).
Branning did not acknowledge or return the candidate questionnaire from The Marshall Project – Jackson and Mississippi Today.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1915
Nov. 25, 1915
A week before the silent film, “Birth of a Nation,” premiered at an Atlanta theater, William Simmons, along with 15 other men (including some who lynched Leo Frank) burned a cross on Stone Mountain, Georgia, signaling the rebirth of the Ku Klux Klan.
The movie’s racist portrayals of Black Americans prompted outrage by the NAACP and others, leading to huge protests in towns such as Boston and the film’s closing in Chicago.
Despite these protests, the movie became Hollywood’s first blockbuster, making as much as $100 million at the box office (the equivalent of $2.4 billion today). In the wake of the movie, the KKK became a national organization, swelling beyond 4 million members.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Podcast: Mississippi Hospital Association’s Roberson discusses Medicaid expansion outlook under Trump, other 2025 legislative health care issues
Richard Roberson, president and CEO of the Mississippi Hospital Association, tells Mississippi Today’s Bobby Harrison and Geoff Pender a new Trump administration would likely approve Mississippi Medicaid expansion work requirements. He says revamping the state’s certificate of need laws is likely to be a major issue before lawmakers, and he discusses a new alliance of hospitals that left the MHA and formed a new organization.
READ MORE: As lawmakers look to cut taxes, Mississippi mayors and county leaders outline infrastructure needs
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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