Prosecutors Desk 7-28-10
Posted by Tim Rasmussen on July 28th, 2010 | Categorized as Stevens County Prosecutor Desk
People have inquired about the plea bargaining process and why this should be done at all. The simple fact is that there are not enough court time and juries to try all the cases. Having people plead guilty and accept responsibility for their conduct is the only way the large number of cases can be handled. So far this year, there have been 2700 District Court filings and over 200 in the Superior Court. There is a maximum of about 24 trials possible in District Court per year and about the same number in Superior Court.
There are many cases where the state insists that the defendant plead as charged and will not offer any reduction or accept any other resolution. If the defendant refuses to plead as charged, the case goes to trial.
Sometimes the victim does not want the person to suffer the full consequences and they want the charges reduced or in some cases dismissed entirely. This is more common in domestic violence cases. The victim advocates help make sure victims are considered and supported throughout this process. Victim input into decisions is very important.
Sometimes a reduction is necessary because the victim is not a very strong witness such as a child. Few children can withstand repeated questioning from a skilled defense attorney. It is very important to protect vulnerable victims from further harm.
Sometimes a reduction is the result of our realization that the costs of going forward are not worth the time and money it would take to convict. Experts cost money. Witnesses must sometimes be flown in for interviews and the trial. It is not cost effective in a minor case, or in a situation where there was very little damage or bad conduct.
Sometimes a reduction is made because some evidence is discovered or received later which does not support the original charging decision. The crime lab is so overwhelmed that results can take months to be reported to us.
Another factor is the fact that sometimes a defendant can face more punishment for conviction on a gross misdemeanor than they would for conviction on a felony. Many felonies have a maximum punishment range of 1 to 3 months, in comparison to sentences of up to one year in District Court.
In short, plea bargains are a necessary part of the criminal prosecution process. They make it possible to resolve many cases and yet still keep trial time available for the cases that should or must be tried. In a perfect world, there would be sufficient money to have a trial in each and every case. But in a perfect world, there would not be a need for any trials, because people would respect each other and practice the Golden Rule.
