Matthew T. Mangino
The Youngstown Vindicator
April 17, 2016
There are no two words associated with the criminal justice
system that are more maligned and misunderstood than “plea bargain.”
Crime victims despise those two words; defense attorneys
thrive on them; and prosecutors can’t survive without them. Politicians deride
the system because of the underhanded “deals” made with vicious criminals. Even
frontline police officers challenge prosecutors when they perceive that the
terms of a plea bargain are too lenient.
Much needed tool
The plea bargain, however unpopular or unseemly, is a
much-needed tool in the administration of justice. The truth is that 97 percent
of federal cases and 94 percent of state cases end in plea bargains. As the
system currently operates, it would be impossible to provide a constitutionally
mandated trial-by-jury for every criminal defendant.
Setting aside the fact that trying every criminal case is
beyond the capacity of the courts, there are other compelling reasons to plea
bargain. Prosecutors are intimately familiar with the strengths and weaknesses
of every case. There are circumstances where a plea to a lesser offense is
better than a not-guilty verdict. A reluctant witness or a poor witness may
also influence plea negotiations.
Many crimes are committed in rough neighborhoods that are
inhabited by tough people. Witnesses often have to deal with their own demons,
such as criminal records and substance abuse – such witnesses do not impress
juries. In those cases, a plea bargain may not be palatable, but is better than
the alternative.
Crime victims, people who have been physically and
emotionally harmed, often do not want to hear about the strength or weakness of
a case. They want justice, and that is often equated with a lengthy prison
term. Victims want to be heard, and they have that right in Ohio. What victims
don’t have is veto power over plea bargains.
“The Ohio Revised Code guarantees victims the right to confer
with a prosecutor prior to a plea. If the prosecutor fails to do that, the
judge can note that on the record,” Elizabeth Well, legal director for the Ohio
Crime Victim Justice Center, told the Toledo Blade.
No teeth
“The issue with the crime victims’ rights law in Ohio is it
doesn’t really have teeth,” Well said. “In some states, if the prosecutor
doesn’t confer with the victim prior to accepting a plea and the court finds
out, they can set the plea aside, basically undo it, but that’s rare.”
The final word on a plea rests with the district attorney,
creating some concern in the criminal justice system. “We now have an
incredible concentration of power in the hands of prosecutors,” Richard E.
Myers II, a former assistant U.S. attorney and a professor at the University of
North Carolina told the New York Times. He warned that with so much influence
“in the wrong hands, the criminal justice system can be held hostage.”
This is not to suggest that all of that power is necessarily
in the wrong hands. The vast majority of prosecutors are ethical and fair and
no other individual in the criminal justice system is better positioned to
understand the nuances of a case than a prosecutor. The prosecutor knows better
than anyone that proving guilt beyond a reasonable doubt is a daunting task,
under any circumstance.
Disappointing outcome
Jeff Lingo, chief of the criminal division of the Lucas
County, Ohio, Prosecutor’s Office told the Blade, “If the victim thinks they’re
disappointed with a resolution on the case, they may be even more disappointed
if a jury can’t reach a conclusion and a person walks out of the court with no
punishment.”
Matthew T. Mangino is of counsel with Luxenberg, Garbett,
Kelly & George P.C. His book “The Executioner’s Toll, 2010” was released by
McFarland Publishing. You can reach him at www.mattmangino.com.
To visit The Vindicator CLICK HERE
Posts
No comments:
Post a Comment