CONTENTS v01. 18, NO. 10 FEATURE ARTICLES - Voice For The ...

C. Concern about the crime problems11. I'mhere to answer your questions,' ., hut let me throw some out to get us. . started. (ask for a show of hands)' A. How many of you believe, criminals have too many rights?B. How many believe we needtougher laws to combat crime?C. How many believe liberal judgeslet too many criminals off on legaltechnicalities?D. How many believe there's toomuch plea bargaining going on at theCornhouse?E. How many believe too manycriminals are paroled too early?E Finally, how many of you want toknow how I could represent somebodyI knew was guilty?0.k.. let's take the questions one at atime.III. Crindnals have too many rights.A. Criminals have very few rightsand about the only one that comes tomind is to be free from cruel andunusual punishment.B. Because people aren't"criminals" in this country until theyare convicted.C. "Criminal's Rights vs. Victim'sRights" are the buzz words ofpoliticians trying to get you to votefor them because they'fe "tough oncrime," (Who could win if they cameout in favor of the criminals?)D. Let me assure you that nobodywants to protect the guilty fromproper pmsecution. The danger isthat thisrhetoric of politicians tryingto take advantage of your legitimateconcerns about crime will confuseyou about the impatance of thoseprecious safeguards that protect theinnocent from the mistakes andabuses of bureaucraticgovernmentalpower.E. Here you may want to go oversome fundamental principals (don'tcall them "rights") such as trial byjury, presumption of innocence, burdenof proof, and the exclusionaryde.F. We must have rules and they mustapply in all cases. Otherwise, whendo we allow them to he bent or dis-carded and who gets to decide? (Askthe business people in the audiencebow many are governed by federalregulators. How many would like itif the regulators got to change therules whenever they felt like it?)N We need tougher laws.A. More political propaganda1. The easiest thing for apolitician to do is pass a law orpropose one. It's much easier todo this than vote to fund additionalcourts, or a new jail, ortell constituents that the newjail is going to bein their neighborhood.2, Here point out that everylegislature has had its "crimepackage" which has yet to stopcrime.E.g.s: 1920sCrimeEradicationAct1968 Omnibus Crime ControlAct, etc.B. The myth of deterrence1.11's been afirst-degreefelonywithuptolifeinthepentorape,rob and murder in this state forover 100 years.2. Enhanced penalties andmandatory sentences cannotdeter because nobody knowsabout them until after they'recaught. (Here tell your audiencehow educated and awareof public affairs they are, thenask them if they know whattheir sentence would be if theyburglarized a building; a home;had a gun with them? Theywon't know, so how could anuneducated ghetto kid high ondrngs possibly know, or bedeterred?)V. Liberal Judges and Legal TechnicalitiesA. Liberal judges are extinct.B. A Judge is a refeee, not a participant.C. The loser screams "technicality"and blames the judge, just like acoach or fan blames the referee. A"technicality" to the loser is usuallya violation of a fundamental mle oflaw to the winner.D. When some courageous judge ob-serves a foul and calls it against theprosecution or police, do you reallybelieve either will admit to thenewspaper that it was their mistakethat caused the case to get reversed?(No, they will blame the judge andscream "technicality.")E The truth about appeals. A commonmisconception of the public isthat even if a person is convicted,their lawyer can "get them off" onappeal. This is not only untrue, itleads to a dangerous hut erronemusfeeling that criminals can beat thesystem.1. Only a small percentage ofall cases is appealed.2. Of this small numberr only12 to 16% are reversed.3. Most cases that are reversedaremerely returned for anothertrial, and the defendant doesnot "get off."VI. Too MuchPlea BargainingA.Inaperfectworld thereshould notbe plea bargaining. But .. .Get thenumhershm your district clerk. (InTarrant County it's about 1,200cases per court.)B. Point out that thedec~sionis basedon what both sides believe a jurywould do with the case.C. The defendant gives in also. Thestate often gets a guilty verdict in amarginal case.D. They are well represented bycapable prosecutors who are notgoing to give cases away and judgeswho stand for election have to approvethe agreement.W. Too many prisoners are let outearly.A. Tell them (to their surprise) thatwe have had mandatory minimumsentences in Texas since 1977.B. We all told the legislature and thegovemor that this would expand theprison population. However, thepoliticians told you they weren'tgoing touse yourtax dollills to buildcountry clubs for criminals (morebuzz words) and you went for it.C. Incarceration is extremely expensiveand should be reserved for incorrigibles.Alternatives must bedeveloped,June 1989 1 VOICE for the Defense 21