Residents voice concerns over Delaware’s criminal code overhaul
The third public hearing to discuss plans to overhaul Delaware's criminal code was held at University of Delaware's Virden Retreat Center in Lewes Thursday evening.
The Criminal Code of 1973 when first enacted was just 95 pages, but has since ballooned to just over 400. As a result, the criminal code as it currently stands is described as inconsistent, redundant, contradictory and ambiguous.
One resident asked if the process is constitutional, questioning if it qualified as judicial override. Others questioned why there was no mention of savings for the state and public and whether protections would remain in place.
"Well we've heard a broad range of comments. Probably everything on the spectrum from very supportive to some comments that were concerned about, not only the substance, but also the process," said attorney Adam Balick, member of a group who gathers comments and concerns for the Criminal Justice Improvement Committee.
Sandy Spence with the League of Women Voters of Delaware, and a concerned citizen, says she is worried that the current code can be used by prosecutors to charge citizens with a laundry list of counts, compelling people into plea deals, saying some who are innocent of crimes could end up pleading guilty to a crime to avoid jail time.
She went on to say returning the code to its basics would help minorities and low income citizens who are not able to hire the best legal defense.
But another concern she raised was the sheer size of the job ahead, which can lead to confusion and misinformation among the public.
"The problem is it's a huge job and a lot of people are going to come in with uninformed opinions about some of it so we're concerned it's going to be difficult to have it enacted."
There are no other official public hearings scheduled at this time.
Following the public hearings, all comments and concerns will be considered and a final report will be completed by a drafting group and submitted to the committee for review.
