When the Plea Bargain Doesn’t Jive with the Facts
Punishments should be proportionate to the crime, but what about the plea
deal? Cuyahoga County Common Pleas Court Judge
Michael Donnelly recently demanded that plea deals reflect the crime committed. Donnelly’s breaking
point came when his plea deal spreadsheet for
sexual assault cases reached 200. In every case, Donnelly said, the offender had agreed
to a plea deal, pleading guilty to a lesser offense in order to avoid
sex offender registration. The problem in these cases was, those “lesser offenses” bore
no likeness to the act the defendant committed.
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Rape Pleaded Down to Aggravated Assault
One of the more notable of the plea deals stemming from Donnelly’s
list of sexual assault cases was rape pleaded down to
aggravated assault. In Ohio, aggravated assault usually involves the victim provoking the
defendant and is a common charges in instances of bar fights – not
rape. Donnelly called this type of plea deal an absolute sidestepping
of the truth, and he’s leading the charge to the Ohio Supreme Court
to do something about it.
Factually Based Felony Plea Deals
Donnelly’s plea, the one he will make with the state’s Supreme
Court, is that felony plea deals must be based in fact in order to be
admissible. The Ohio Judicial Conference stands with Donnelly, saying
plea deals that are not proportionate with the facts of the case are “contrary
to the objectives of the justice system.”
Victims and victims’ rights groups are also among those who support
the change, saying that allowing offenders to plead down their sexual
assault offenses does not give victims closure, and can leave them feeling
as if the justice system failed them.
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On the Flip Slide
Many criminal defense lawyers, particularly public defenders, are opposed
to the change, saying this would shift a heavy burden onto the already
busy trial courts, as likely more cases would go to trial if plea options
were limited.
Truth in plea agreements is certainly easier said than done, but does that
mean it’s not worth it? Is settling cases before trial more important
than factually based plea bargains? We’ll see what the Ohio Supreme
Court decides.
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