The act would provide significant penalties for violent crimes committed with firearms that are consistent with current sentencing practices.
The Jan. 17 editorial “Making the city more dangerous” included a misleading description of how penalties change under the District’s Revised Criminal Code Act, which the D.C. Council passed unanimously. The act would provide significant penalties for violent crimes committed with firearms that are consistent with current sentencing practices.
The editorial said the “penalty for someone convicted of a violent felony while using a gun to commit more violence would drop to four years from 15 years.” Under the act, committing a violent crime with a firearm, depending on the crime, is punishable by 20 to 30 years’ incarceration (or more). These penalties are higher than nearly all sentences imposed under current law. For example, the act’s maximum 24-year sentence for carjacking is nine years higher than even the harshest sentences imposed under current law. These penalties do not hamper prosecutors’ discretion to request long sentences when justified. The editorial failed to mention that the act increases penalties for some offenses and creates entirely new criminal offenses. For example, the act increases penalties for offenses such as possession of ghost guns and assault weapons and creates new offenses, such as firing a gun in a public space.
The penalties in the act were the product of a long, deliberative process that included input from the U.S. attorney’s office, the executive branch and other stakeholders in the criminal justice system. A decade of sentencing data was also used to ensure that the measure’s maximum sentences are as high or higher than nearly all sentences actually imposed under current law. The act retains significant penalties for violent crimes, especially when committed with firearms.
The writer is executive director of the D.C. Criminal Code Reform Commission.
