Three Tennessee district attorneys general say they support legislation that would make defendants convicted of crimes involving death ineligible for certain types of sentencing.
"When there's the taking of human life, maybe we need to take a different look at how the defendant should be punished," said D. Michael Dunavant, district attorney general for the 25th judicial district of Tennessee. The district includes Tipton, Lauderdale, Fayette, Hardeman and McNairy counties in West Tennessee.
Current law states that someone who is convicted of voluntary manslaughter or a lesser homicide and who meets certain criteria, such as having no criminal history, is eligible for judicial diversion.
Judicial diversion is up to the trial judge. It typically involves no jail time and allows the crime to be expunged from the public record once the defendant completes probation.
Mr. Dunavant, along with Hamilton County District Attorney General Bill Cox and Knox County District Attorney General Randy Nichols, spoke Tuesday to the Chattanooga Times Free Press editorial board about issues affecting law enforcement in Tennessee.
Mr. Dunavant added that in any homicide case, the possibility of judicial diversion "smacks of favoritism and special treatment." But he also said he respects the decisions judges must make when judicial diversion is an option.
The 2006 case of Rheubin M. Taylor II has highlighted the controversial issue.
Mr. Taylor was found guilty of voluntary manslaughter after a 2003 gunfight at the Bessie Smith Strut that left a bystander dead.
The son of Hamilton County attorney Rheubin Taylor Sr., Mr. Taylor received judicial diversion, never spent time in jail and will be eligible to have the crime expunged from his record after a probationary period.
The case came to court again on Monday after the other shooter in the incident, Timothy Beasley, admitted to violating conditions of his probation.
He pleaded guilty to reckless endangerment in the shooting, although evidence showed hs gun did not contribute to the victim's death.
Now Mr. Beasley must serve about three years in prison to complete his sentence.
Though no legislation now is on the table to change state law with regard to judicial diversion, a current bill to get rid of "pretrial diversion" is pending.
Unlike judicial diversion, pretrial diversion does not require a defendant to admit guilt in a case. Mr. Cox said pretrial diversion undercuts the purpose of the judicial system.
"(Pretrial) diversion leaves the public in a quandary, not knowing whether the person charged ever committed the crime," he said.