Here’s another one.

Another what?

Another offender who should have been in prison but was let out early, and some innocent child paid the price.

The Atlanta Journal-Constitution is reporting that Daryle Edward Jones kidnapped and raped a young girl in Athens, Georgia:

Jones, 41, has been charged with rape, aggravated assault, aggravated child molestation, aggravated sodomy and kidnapping in the case. He remained in the county jail Saturday afternoon.

Here’s what they did not report: Daryle Edward Jones was supposed to be in prison until April.  Or at least that is how long he would have served, had he served his entire previous sentence.  Which, of course, nobody ever does, but isn’t it nice to imagine that somebody, somewhere, even once, would serve all their damn time?

In April of 1994, Jones committed voluntary manslaughter.  It’s hard to know from the online records what he really did, but suffice to say that getting 20 years in 1994 was the maximum for that crime and serving nearly all of it was unusual, so I suspect at least one of two things:

  • The crime was particularly heinous and the voluntary manslaughter was offered only with an agreement to serve a long sentence.
  • Jones, who was 21 at the time, must have had a terrible juvenile record, likely sealed.

So Darlye Jones went to prison for voluntary manslaughter in April, 1995 (he’d probably had a year in jail before that) and got out June, 2010, fifteen years later.  Then he was back in prison from January, 2012 to October, 2013, possibly for a parole violation because no other crime is listed.  Four months after finally being released, he has committed a heinous kidnapping/rape.

What is there to learn from this?

Under-prosecution may be the problem.

My guess — and it’s just a guess — is that Jones had a prolific and violent criminal career before being put away at the age of 21.  Yet he was only charged with one crime, which is entirely typical, even today.  Contrary to what all liberals and all those Right on Crime Grover Norquist types and Reason libertarians believe, our criminal justice system is wildly lenient towards nearly all criminals and expends the resources to put away only a tiny fraction of people who commit even serious crimes.

And given his current crime and the severity of his previous sentence, he may have been a sex offender but the sex offense was not kept on the table for some reason.  He’s not in the sex offender registry, as far as I can tell.

There is troubling talk across the Right today about prosecutorial over-reach.  I consider such talk to be almost entirely anecdotal and wildly out of touch with reality in our criminal courts — and motivated in large part by Alex Jones and his ilk, who have it out for police in an utterly personal and unhinged way.

Yes, the Department of Justice in Washington and Eric Holder in particular are troubling, and Holder is openly contemptuous of the rule of law and treats victims of crime with contempt — except those who fit certain categories of so-called hate crime that he invented in 1999.  Holder is pro-criminal, anti-victim and almost entirely lawless, but Eric Holder does not represent law enforcement in the states.

The sort of leniency that lets a killer walk free to rape a child is what too often represents criminal justice in the states.  We need longer sentences and more law enforcement, not less of both.  How many times do we have to see stories like this?  Let’s talk about what the feds are up to, certainly.  But don’t conflate that with state courts where, especially in urban areas, crimes like burglary aren’t even being investigated, let alone prosecuted anymore, and prolific criminals still have most of their charges dropped against them every day.

Here is a terrific response by “David” to yet another anecdotal complaint about “over-prosecution” from the Right.  It is in response to this (uncharacteristically) lazy screed in what is usually an excellent source on crime policy, City Journal:

Before every reader of this article jumps on the “let’s bash prosecutors” bandwagon, the good professor’s thoughts warrant a bit of careful consideration. Professor Bhide is, after all, a PROFESSOR of law, not a practitioner. And his online list of accomplishments shows that he has never practiced criminal law at any time in his illustrious career. Indeed, his expertise lies more in the realm of business and, perhaps, economics. Having said this, Professor Bhede is correct to be outraged by Ms. Khobraghade’s arrest and the humiliating and inexcusable way she was treated while incarcerated. Professor Bhede is also correct when he expresses concern about the proliferation of federal criminal laws. And perhaps Professor Bhede is also on to something when he quotes the following from the ABA (though this organization is not particularly well-known for either its objectivity or its lack of bias): “‘Individual citizen behavior now potentially subject to federal criminal control has increased in astonishing proportions.’”

But the key words in the quote Professor Bhede uses from the ABA are “potentially subject”. For even though there are too many federal criminal laws, it has been my actual experience that the feds prosecute only a tiny fraction of the cases they could file. Additionally, the feds file ONLY when they are assured of victory (not the standard for filing a criminal charge, contrary to Eric Holder’s excuses to the contrary) and potential good press. Professor Bhede lists a number of activities that Congress has criminalized since our Constitution’s ratification. But the impetus for the “busybody Congresses” that pass these laws usually takes the form of busybody groups and individuals who believe this or that activity should be criminalized. Prohibition readily comes to mind. …

So for those who are ready to jump up and say, “Professor Bhide is absolutely correct! Federal prosecutors need to be reigned in!”, I would respond that too often these very same prosecutors do too little with regard to crimes that directly impact the safety and welfare of our society. And I say this because I spent almost 20 years as a state prosecutor, in a major metropolitan area, where I concentrated primarily on handling felony narcotics dealing and firearms offenses. (To those who would protest and say that I was part of the problem because I was part of the “War on Drugs”, I would respond as follows: Please go tell this to the little 75 or 80 year old woman who is afraid to go out on her front porch because a group of punks–usually armed–are slinging crack, coke, or meth in her neighborhood. This person lives in fear for her life every day. Tell her that the street in front of her house is not a war zone. She’ll say you’re wrong.) Very little assistance was provided prosecuting these crimes by any of the U.S. Attorneys and their staffs in the city where I worked. I don’t know what, exactly, were the priorities of our resident U.S. Attorneys (several of them came and went during my time as a deputy prosecutor), but I do know that they couldn’t be bothered to help make our city’s streets and outlying areas safer. With the laws available to them, U.S. Attorneys can do a lot to put really bad people out of commission for very long periods of time. But if a certain crime (or group of crimes) aren’t on some important politician’s radar, well, such crimes won’t be prosecuted by a U.S. Attorney. …

Too many laws? Perhaps. Not enough use of many of the laws already in existence? Yes. …

 . . . read the whole thing here