PLEA BARGAINS: They hurt victims

Plea bargains prevent justice from being served. A defendant pleading guilty to a lesser offense in exchange for a more lenient sentence or a dismissal of other charges undermines victims rights. Is our criminal justice system serving the criminals instead of the victims? So it would seem.

Some of earliest plea bargains took place during the 1692 Salem witch trials when accused witches were told that they would live if they confessed, but would be executed if they did not. Pleading guilty saved many accused witches from execution, whether they were guilty or innocent. In the 1960s, plea bargains were still treated as unethical at best and illegal at worst. However, unfortunately in 1967 a report by the President’s Commission on Law Enforcement and Administration of Justice documented the widespread use of plea bargaining and recommended recognizing the practice. But who really benefits from plea bargaining?

Prosecuting attorneys benefit from plea bargains because the deals allow them to improve their conviction rates. Defense attorneys benefit because they can limit the severity of the sanctions they face and add certainty to an otherwise unpredictable process. Judges benefit by not having to go through a lengthy trial. Criminals benefit by pleading guilty and reducing one’s sentence by about two-thirds. Everyone benefits except the victims! So, yes, in fact, our criminal justice system serves themselves and the criminal, and who cares about the victim?

In Idaho, our Constitution has Rights of Crime Victims. We have the right to timely disposition of the case and to communicate with the prosecution. But these rights go unheard. Many cases have been plea bargained and the victims don’t get justice.

We thank our police officers who enforce the law. I don’t know how these officers can continue to do this job knowing that once it is turned over, the criminal justice system prosecutes the victims instead of the criminals.

JOANN LOKKEN

Coeur d’Alene