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Tougher laws curbing violent crime
By news-journalonline.com - JENNIFER EDWARDS
Published: 07/16/2012

DAYTONA BEACH -- Had a 44-year-old Port Orange man who tried to kill a prostitute years ago been sentenced under today's laws, he probably would not have been free to be the focus of two recent violent crimes.

James Lee Maxwell in 1988 pleaded no contest to stabbing prostitute Cathryn Ann Carnes in the heart with a knife in an attempt to kill her, court records show. Carnes lived.

Maxwell was initially sentenced to nine years of prison and 10 years of probation under conditions of a plea deal, but later was resentenced to 30 years after repeatedly violating his probation and racking up new charges including burglary, court and state Department of Corrections records show.

He was out in less than two years the first time, and served eight years the second time on two burglary charges and the new sentence. Prison records show that's because he walked in the door with credit for time served, and was able to earn large amounts of "gain time," or time lopped off a sentence in return for cooperation and good behavior.

He is now awaiting trial in the kidnapping and rape of a 9-year-old neighbor and police say he is the only suspect after human remains were unearthed in the back yard of his Brandy Hills Drive home.

Had Maxwell tried to kill Carnes after Oct. 1, 1995, he would have been required to serve a minimum of 85 percent of his sentence, according to the state. And that means he wouldn't have been able to leave prison before January 2013, even with credit for time served.

Tougher laws might prevent the tragedy that comes with violent crime, but critics say minimum mandatory sentences can lock people away who aren't necessarily a public threat.

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  4. Fred Davis on 07/17/2012:

    Prostitution "enables" violence. Both the violator and the perpetrator are culpable and both acts are rooted in "resentment."

  5. Fred Davis on 07/16/2012:

    This is true. Drug users create the power of dealers however. Tough laws at the sentencing level is good.


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