Bad cases make bad law
In Indiana, when a person is sentenced to prison, they can reduce the amount of time they spend there in 2 ways: First, they can stay out of trouble and get 2 days of credit for 1 day served. Second, beyond the credit time, they can get time knocked off for earning educational degrees while incarcerated.
The general thought on the credit time rule is that it gives inmate incentive to be good, and gives the prison some leverage over inmates. This rule infuriates many, leading to most inmates serving 1/2 of their sentence. The general thought about the educational credits is that inmates can learn something and increase their chances of becoming productive members of society upon their release.
Sounds good as a general policy, but when applied to particular inmates, it can get people riled up. Take the Fort Wayne former school teacher, sentenced in 2001 to 12 years in prison for child molestation. He was released in December of 2004. He was able to cut a 12 year term down to about 3 years by earning 2 associates degrees and a bachelor’s degree.
The victim, her family, and the prosecutor were shocked and upset by this outcome:
The news of Paul Baker’s early release shocked his victims and prompted Noble County Prosecutor Steven Clouse to approach State Rep. Marlin Stutzman, R-Howe, about drafting legislation to correct what he calls a loophole in state law.
“The college degree program is there to help prisoners make the best of their time and be better able to serve society once they get out of prison,” Clouse said. “That’s not how this program was used in this case. It was used simply as a time-cut option.”
Link.
It is easy to conclude that the former teacher, who already had bachelor’s degree in general elementary education from Summit Christian College, had pulled one over on the system by earning a second batchelor’s degree and 2 lesser degrees to cut his time. This is certainly the prosecutor’s take. But a question: What good is a degree in elementary education to a convicted child molester? He will clearly be looking for work in another field, and if the degrees he earned make it possible for him to do this, then the system worked. We will have to wait and see if the legislature can weather a storm of upset citizens and resist the impulse to cut back the effect of this law.
