Because there were almost no trials during the pandemic, and many judges were more compassionate during that time (it’s all relative), it was easy to forget about the awful trial tax in our system.
But recent sentences in our District and others are showing that there is absolutely no let up for the trial tax -- even for non-violent offenders. Most judges, who have never represented a criminal defendant, have no sense what a 5 *year* sentence does to a person, a family, a community. It’s completely devastating.
One possible solution -- at a sentencing post-trial, judges should be told what the plea offer was. If a plea offer was X, the government shouldn't be asking for 4X.
Since COVID, prosecutors have also candidly told me that they are now asking for much higher than they believe is appropriate at all sentencings because they believe that most judges will vary down from their recommendation. The typical scenario is that a prosecutor believes that a sentence of 10 years is warranted. The defense believes 3 years is right. The prosecutor knows that if both sides ask for those sentences, a judge is likely to give 5-6 years, so the prosecutor asks for 12 or 15 years in the hopes of getting 10. Judges then feel like they didn't give the prosecutor everything they asked for, when they actually did just that.
Anyway, that's my Sunday morning rant. Sentences are on the uptick again post-COVID. Incarceration rates are moving higher again. While COVID remains, the compassion during the pandemic seems to be fleeting.
4 comments:
A non-violent offender can cause plenty of harm. The fact that a crime is "non-violent" does not mean it deserves a light punishment.
The system does not coerce pleas, the strength of the evidence does. The contention that the so-called trial tax forces pleas is baseless. Most judges in the district still grant downward variances despite proceeding to trial. Those who do not get such a benefit are typically involved in crimes involving victims or who have lengthy criminal histories riddled with violence. Not sure what prosecutors you've spoken to or the number but you are certainly painting the 100+ prosecutors poorly if you assume that whatever handful you spoke to represents the views of them all. Focus less on being critical of the process and more on the reality that we need strong advocates on both sides to ensure justice prevails
Is @17:43 a comedian? I haven’t laughed so hard in a while!
I didn't realize the you found logic and common sense so humorous. This speaks volumes about the kind of person you are
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