Plea deals are harmful to county, communities
Bonner County residents are contending with high crime rates and repeated victimization. Though law enforcement makes many solid arrests, the offenders are soon back on our streets committing more crimes. One is no longer prosecuted for crimes committed but rather enters into a “let’s make a deal” scenario with the prosecuting attorney and their own counsel. This often leaves judges out of the loop with binding plea agreements until after a deal has been reached, ensuring light sentences for serious crimes.
Defense attorneys no longer represent their clients before a jury but act as brokers in deals reached for a guilty or nolo contendere plea in order to collect their fees and bolster their reputations. Prosecutors boast high conviction rates at election times based upon backroom deals which often bear no resemblance to the crimes actually committed. Perpetrators are unleashed back into society after serving little or no time for often quite serious offenses.
It is government’s solemn duty to protect the citizenry. Our judges and states attorneys are voted into office to fulfill this obligation. Yet crimes such as attempted murder are reduced to simple assaults; grand theft is reduced to misdemeanor status; rape of a child is reduced to unlawful sexual intercourse. The list goes on and on.
Judges and prosecutors argue that they don’t have the time or resources to prosecute all crime that comes before the court and that plea-bargaining is a necessary evil. They emphasize the costs involved with holding criminals accountable. I contend that the cost to society is far greater. For justice to work, punishment must be swift and sure. A person with criminal intent must be assured that if they choose to break the law they will pay the full price for their wrongdoing. Without such assurances, criminals will continue to prosper from their offenses and society will ultimately give way to its outlaws.
The framers of our Constitution and Bill of Rights took great care in protecting the rights of the accused by providing for a speedy public trial. The defendant has the right to be informed of the charges against him and the right against self-incrimination. Defendants are guaranteed an impartial jury; the assistance of an attorney; the rights to confront their accuser and to cross examine all witnesses against them as well as call to witnesses.
Over 90 percent of criminal cases are not tried before a jury, with society and the accused being deprived of constitutional guarantees. Guilty pleas to crimes not actually committed but conjured through plea agreements damage society and create a revolving door for outlaws within our communities. One is left wondering just how many laws must be broken and how many citizens must be victimized before justice is administered. An article by the Bureau of Justice Assistance; U.S. Department of Justice paints an even gloomier picture of our justice system wherein the overwhelming majority (90 to 95 percent) of cases result in plea bargaining.
Plea bargains are also a demoralizing to our dedicated law enforcement community.
LOUIS PERRY
Sandpoint