CAA Court Rules that sections of Tenn. Statute are unconstitutional

A court decision will change the way gang affiliation is being used to enhance sentencing. News 12’s Jamal Williams has more……

The Tennessee Court of Criminal Appeals has released a decision that found two sections of Tennessee’s gang enhancement statute to be unconstitutional.

In the 56 page document, the court ruled it is unconstitutional to enhance a defendant’s sentence simply because (s)he is a gang member.

Hamilton county district Attorney Neal Pinkston informed the Sheriff’s office and the police department of the decision but does not think it will change the way things are done here in Hamilton County….

“The statute changed a couple years ago. It has always been hard to use. We attempted to use it about 6 years ago, but it did not apply to the case, and we have never used it here in Hamilton County.”

Pinkston says the statute is utilized more often in cities like Memphis and Nashville… Now Pinkston also believes they should make some changes to sentencing as well.

“I mean, any efforts to increase punishment especially in the states system would be much appreciated.”

There has been some confusion raising concerns that the ruling would affect the VRI Chattanooga Police Chief Fred Fletcher says, that’s not the case.

“VRI was never conditioned on the use of this statute.

Instead, through VRI, we ask the DA’s office to seek the higher end of the existing sentencing range, because the defendant’s gang has murdered someone or is the most violent group in town. In other words, we ask the DA to push, as the prosecutor, for punishments closer to the maximum rather than the minimum.”

Pinkston has offered to train Chattanooga police officers on what this ruling means as the impact is much broader than just sentencing enhancement.