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Judges(Continued from page 1)Hilton, a black man, was sentenced to 60 years for killing a white man. Joseph Wilson, a white man, was sentenced to 40 years for killing a black man but his sentence was later reduced to 30 years. Ironically, Gull prosecuted both cases while Surbeck and Scheibenberger served as sentencing judges.Some audience members indicated that such sentencing disparities seem to be the case all to often, but Surbeck defended those decisions saying that raw numbers don’t tell the entire story.“First of all..., I feel compelled to say that I am not, nor are any of my colleagues, compelled by race, one way or another, in sentencing,” he said. “It’s wrong.”Surbeck said the severity of sentences, which is governed by a set of standards cited in statutes, proscribe punishment without regard to race. For example, judges are required to consider factors such as a person’s risk to the community, the nature of the crime, the perpetrator’s prior criminal record, the victim’s age and written statements from the victim’s family when determining the severity of a sentence. Mitigating circumstances that might lessen a sentence include an incident that did not cause serious harm; the result of an action caused unlikely circumstances; and the perpetrator had no past criminal history or acted under strong provocation from the victim. Those standards, said Surbeck, are outlined by law and override any racial bias in sentencing.“We’re pretty closely guarded in where we can go in sentencing,” he said.Surbeck and other judges explained that the difference between the Hilton and Wilson sentences demonstrated their point—-Hilton had an extensive juvenile record, including a child molestation case whereas Wilson only had a few prior charges, including carrying an illegal weapon. They also said Wilson committed his crime in a fit of anger after an argument on the street while Hilton’s act was a calculated execution.“These cases are not comparable with one another,” said Surbeck.Scheibenberger added that the Hilton’s crime was a “cold-blooded murder. The maximum sentence was appropriate.”Participants also questioned Scheibenberger about his recent decision to release a former government official accused of domestic violence from jail more quickly than the norm. He defended his actions saying that he knew the man’s attorney, his past history and used his own discretion. His past government service had nothing to do with giving him a break, said Scheibenberger. He pointed outthat he does the same in other cases if the person has a reputable advocate who can vouch for them.“I’ve done it for people who are not influential,” said Scheibenberger.Latham and others concurred, pointing out that Scheibenberger and some other judges have been as lenient at times when they’ve called about cases.Some audience members raised questions about traffic violation fines and costs. For example, a large number of people lose their driving privileges because they are unable to pay traffic violation fines. Despite having a suspendedBlack College ClFORT WAYNE — The Black College Club of Fort Wayne is scheduled to make its most extensive spring tour of Historic Black Colleges and Universities (HBCUs) from March 31 to April 7 when the group travels to eight acclaimed black educational institutions.Founded in 1997, the Black College Club is designed to encourage area high school students to visit HBCUs, ultimately attend such an institution and return to this area to make positive contributions to our communities. The club also conducts black college fairs, workshops for SAT/ACT preparation, financial aid workshops and arranges internships with local organizations and
Newspaper Details
Fort Wayne Frost Illustrated
Fort Wayne, Indiana, US
Wed, Feb 27, 2002
Page 2
Full Page
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USA 13 Jul 2023
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