ACLU of Delaware

Kathleen Macrae, ACLU-DE Executive Director, speaks out against SB 203: “I sincerely appreciate the problem that this bill is trying to address... however, I do not believe that we can incarcerate our way out of this problem.”

“Incarceration hasn’t helped us find our way out of this problem so far... adding more time won’t help, either.”

“Delaware is known for some of the best judges in the country. This bill would continue to remove discretion of judges without adding to the safety of the community.”

Brendan O’Neill, Chief Defender of the Office of Defense Services, testifies in opposition as well: “Ratcheting up mandatory minimum sentences across the board is not good policy. ...One size rarely fits all.”

“The national trend is to eliminate mandatory minimum sentences. ...I know there are good intentions behind this bill, but I don’t think it will be effective. It will likely have unintended consequences.”

Another consequence of this bill would be an even higher rate of people who choose not exercise their right to trial. - Brendan O’Neill (FYI - 96% of DE cases are decided by plea bargain already)

This law would also contribute to racial disparities in the criminal justice system. - Brendan O’Neil.

Kate Parker, Policy Director, Delaware Center for Justice: “We share the concerns voiced that this bill would have a disparate racial impact.”