Why a Florida Man’s 20-Year Sentence for Stealing Cigarettes Isn’t a Case for Criminal Justice Reform
Jonathan Zalewski /
Robert Spellman Jr. last week received a 20-year prison sentence after a jury convicted him on burglary and grand theft charges for stealing $600 worth of cigarettes from a Florida convenience store.
It’s a sentence Spellman, of Pensacola, Florida, well deserves.
Spellman’s sentence has become a national (and international) story in part because of robust efforts at both the federal and state levels to reform the criminal justice system—reform that is undoubtedly needed.
Some are calling Spellman’s sentence insane and unduly harsh, given the nature of his crime, while others are griping about how much it will cost taxpayers to keep Spellman in prison.
Still others are blaming Spellman’s criminal behavior on a failed system.
If Spellman were being unjustly sentenced under a harsh mandatory-minimum sentencing regime or if petty theft were his only offense, then the critics would be fully justified in what they are saying. But that’s not the case.
Spellman has a history of 14 felony and 31 misdemeanor convictions, dating back to 1986. He is, in other words, a career criminal—the type of individual who belongs behind bars.
According to the Florida Department of Corrections, Spellman’s criminal history includes convictions for robbery with a gun or deadly weapon, aggravated assault with a weapon, aggravated battery with an intent to harm, petty theft, burglary, cocaine possession, and resisting an officer with violence.
Oftentimes, Spellman committed his crimes immediately or shortly after he was released from prison.
He is also currently facing charges of domestic battery by strangulation, kidnapping, failing to appear in court, and tampering in a felony proceeding—all of which relate to an incident that took place in January, less than a month after he was arrested for stealing the cigarettes in late December.
Spellman’s criminal history might be the product of a troubled childhood, a toxic living environment, or a lack of familial and societal relationships, but, as one sober commentator on Spellman’s story pondered, “At what point does society say, ‘Enough is enough’”?
The answer should be clear.
When someone continuously poses a threat to society any time he or she is not locked inside a jail or prison cell—except for individuals with serious mental illnesses—we as society must condemn and punish that person for their actions. We must not make excuses.
Sentencing decisions are based on both the nature of the offense and the criminal record of the offender. That’s precisely why Spellman was sentenced to 20 years in prison.
Notorious mobster Al Capone was sentenced to 11 years in federal prison for tax evasion. While most tax evaders certainly don’t receive 11-year prison sentences, does anyone really think Capone’s sentence was unjust, given his life as a ruthless criminal?
Yes, our country is in need of criminal justice reform. Efforts to sensibly reform prisons, sentencing practices, bail and parole systems, and criminal laws are laudable and need to be taken seriously.
Yet, these efforts face fierce opposition from those who think criminal justice reform would make our country “soft on crime.”
Championing Spellman as an exemplar for criminal justice reform only gives credence to the opposition’s false narrative.
For individuals like Spellman, criminal justice reform is neither needed nor warranted. The residents of Pensacola are safer now that he will spend the next 20 years of his life in prison.
Spellman should not be the poster child for criminal justice reform. While there are many offenders who do not deserve the harsh sentences that they receive, he is not one of them.