By Cole Lauterbach/Illinois Radio Network
CARBONDALE – Should veterans with combat-related mental illnesses be allowed to receive less than mandatory minimum sentences when convicted of crimes? Most Illinoisans think so.
A poll conducted by the Paul Simon Public Policy Institute at Southern Illinois University at Carbondale shows seven out of 10 Illinois voters polled think a judge should be allowed to give veterans with conditions like Post-Traumatic Stress Disorder or traumatic brain injuries less than a mandatory minimum sentence if they see fit.
Visiting professor John Jackson said his poll shows people think mandatory sentencing laws tend to come off as draconian when it comes to veterans.
“They used to be able to take more extenuating circumstances into consideration,” Jackson said. “The legislators in the states as well as Congress have tended to tie their hands more.”
“Though mandatory minimum sentencing laws can serve a purpose, they can also unjustly tie judges’ hands,” said Delio Calzolari, another designer of the poll. “The unique and varied issues faced by veterans returning from over a decade and a half of conflict overseas require courts to have more discretion and be more flexible to achieve justice for all parties involved.”
Jackson said the poll showed that every political affiliation in every geographic area of Illinois had at least 60 percent support for giving the veterans judicial discretion.
“You don’t usually find that, especially in an era when we’re pretty polarized on most issues,” Jackson said. “This is one that isn’t unanimous, but very heavily supported. The voters of Illinois are solicitous toward veterans and want to see them given the most considerate treatment possible in the court system.”
According to a Heritage Foundation report, proponents of mandatory minimum sentencing laws say certain offenses demand a specified minimum sanction and thereby ensure that anyone who commits such a crime cannot avoid a just punishment.
Several counties have Veterans Treatment Courts to assist veterans with substance abuse and other related problems. A bill in the General Assembly sponsored by State Sen. Dale Righter, R-Mattoon, would allow for judges to give veterans and other non-violent offenders less than minimum sentences in exchange for entering probationary rehabilitation programs.
