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soulflower

Justin Fenton: Inside look at how Plea Deals happen

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Good article but I’m still unsure if Prosecutors or Judges are more to blame for weak sentencing for gun charges in Baltimore

http://www.baltimoresun.com/news/maryland/crime/bs-md-ci-baltimore-plea-bargains-peters-20171023-htmlstory.html

Critics, including Police Commissioner Kevin Davis and Gov. Larry Hogan, have blamed at least some of Baltimore’s historic levels of violence on the city's judges. They want criminals who are caught with guns to get tougher punishments.

"At the end of the day, we don't impose sentences," State’s Attorney Marilyn Mosby, the city’s top prosecutor, said last year. "We can make a recommendation. But it's not on us."

Ninety-three percent of felony convictions in Baltimore are the result of plea deals — and some three-quarters of them are taken in front of Peters.

Peters, a 61-year-old former state and federal prosecutor, presides over the city’s “reception court.”

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The system is just overwhelmed so they triage and prioritize .....

It's just a vicious cycle .....

Criminals get released early because of an overwhelmed system only to committed additional crimes and overwhelm the system......

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Yes that was a good article and thank you for posting it. Maybe now people on these forums will figure out the 'games' and who to blame...and has been pointed out on other threads....the cops have issues fur sure....but the violence is not. If they are in jail...they can't pull triggers.

However I will take issue with Mosby's statement.

"At the end of the day, we don't impose sentences," State’s Attorney Marilyn Mosby, the city’s top prosecutor, said last year. "We can make a recommendation. But it's not on us."

While it is true that she and her prosecutors do not impose the sentence....the do facilitate the plea bargaining process by asking for or accepting one for review. If they said flat out NO....proceed with the hearing. They never reach the 'reception court'.

Or am I missing something.

BTW I am not 'dinging' Mosby....that would be unfair...seeing as how the 'reception court' has been in place for decades...and a place for lazy prosecutors and their bosses to dump cases so they maintain 'a nice track record'.

It maybe messy....but they should disband that court...and force prosecutors to really do their jobs and eliminate the 'escape hatch' for laziness.

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The article does mention juries that are often skeptical of police work, while a plea deal gives a sure outcome.

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13 minutes ago, Baltimatt said:

The article does mention juries that are often skeptical of police work, while a plea deal gives a sure outcome.

Key is mentioned matt.

You can't honestly say ... that with all those cases ...that the majority are 'skeptical' police work. Sorry not buying it.

Edited by Guido2

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A general comment to all.................

Why is this happening...????????????????

Now if you said....the prosecutors want quick slam dunks to add to their resumes....be they pleas and not real cases....that they might lose....that I will buy.

And the whole thing about ....well the jails are filled....HS. There are plenty of out of state jails that are more than willing to take a convicted criminal....it is called the business model...you sub-contract what you can't handle.

Eazzie Peazzie.

But then the SJWs will get all nuts about the 'hardship' of putting a jerk in another state to serve will put an undo burden on the 'family'..:rolleyes: puuuuhhhhhlllleeeasssseeee.

The criminal should have thought about that impact BEFORE they did the dirty deed. But ...thought....think....brain....don't seem to be part of the equation for these low-lifes....does it.

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Where in the article did it say anything about the jails being full?

While most suspects plead out, either in reception court or before a trial, only about 17 percent who go to trial are convicted.  Fifteen percent of the cases slated for jury trials have the charges dropped.

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13 minutes ago, Baltimatt said:

Where in the article did it say anything about the jails being full?

While most suspects plead out, either in reception court or before a trial, only about 17 percent who go to trial are convicted.  Fifteen percent of the cases slated for jury trials have the charges dropped.

Sorry I painted a broad stroke from general knowledge about the first card that is played about incarceration. However it is validated.

http://www.baltimoresun.com/news/maryland/crime/bal-booking-storygallery.html

I would be interested to see the stats that you are working from. Not doubting you...but those numbers are all over the place.

But I found this................

About one-quarter of such gun cases are dropped before defendants go to trial, according to a Baltimore Sun analysis. Even when convicted of illegally possessing a firearm, prosecutors say, defendants are sentenced on average to 16 months in jail, with a substantial portion of their sentences suspended.

http://www.baltimoresun.com/news/maryland/crime/bs-md-ci-gun-arrest-prosecutions-20161022-story.html

And who drops the charges?

Edited by Guido2

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On 11/4/2017 at 10:45 AM, Eastside Terp said:

The system is just overwhelmed so they triage and prioritize .....

It's just a vicious cycle .....

Criminals get released early because of an overwhelmed system only to committed additional crimes and overwhelm the system......

 

Absolutely correct!!! 

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Fix the system then. Spend the money. If the roads have to suffer, or if someone doesn't get another raise, so be it.

Make the streets safe and keep violent criminals off the streets!

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3 hours ago, Pickle20 said:

Fix the system then. Spend the money. If the roads have to suffer, or if someone doesn't get another raise, so be it.

Make the streets safe and keep violent criminals off the streets!

Spending more money won't make any difference IMHO.

Getting prosecutors with backbones, getting rid of judges that need blood transfusions everyday since their heart bleeds so much, ban NAACP, ACLU and SJWs from involvement with the courts and bring in jurors that are not from the city where most everyone is related to someone that has been arrested or knows someone who has been. arrested.

Things may change.

BTW about the NAACP stuff....you can't tell me...even though they claim they aren't Judges...aren't 'affected' by their lobbying.  And regarding the jury...yes kind of broad stroke....but when you read in articles such as ones about the 'Cease Fire' that anyone and everyone interviewed knew someone that was dead or shot....it is not a big jump to think as I do about a tainted jury. Which 'hides' behind 'well it is faulty police work'.

 

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If the system is overwhelmed, hire more people to take on the extra work.

You've got 300+ murders a year, thousands of violent crimes -- that equals a lot of trials, court costs, paperwork, etc.

What's a restaurant do when it gets busy? It hires more people. It's not rocket science, dude!

Time for BC to start running some wanted ads on Craigslist.

Edited by Pickle20

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From the article:

"“I think the parties are looking for some sort of middle ground where we can all come to some sort of conclusion,” he said. “We try to facilitate that.”

WRONG, WRONG, WRONG...

The Assistant States Attorneys that I knew NEVER took into account the victims or the Police when they made their INSANE plea bargains.

Example: An officer was hit by a vehicle as the driver/suspect tried to drive away from a drug bust. The ASA offered to drop the charge of "Assault with intent to Murder" for a charge of "Common Assault." (The Judge (a retired County Judge) had 'bound' himself to the agreement before he heard it. When he heard the agreed Statement of Facts, he blew up at what he said was a useless ASA).

Example: An eighty plus BLIND lady was beaten and robbed of her purse. The ASA agreed to go forward with reducing the crime to "Assault (2nd degree) and "Larceny" (in other words no felony charges). The ASA even agreed to no jail time. When the Judge heard the agreed Statement of Facts, he too was furious at the ASA.

I can go on, but you get the idea, at no time did the ASA's ever worry about the victim's concerns

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On 11/7/2017 at 5:10 PM, Lawman 27 said:

From the article:

"“I think the parties are looking for some sort of middle ground where we can all come to some sort of conclusion,” he said. “We try to facilitate that.”

WRONG, WRONG, WRONG...

The Assistant States Attorneys that I knew NEVER took into account the victims or the Police when they made their INSANE plea bargains.

Example: An officer was hit by a vehicle as the driver/suspect tried to drive away from a drug bust. The ASA offered to drop the charge of "Assault with intent to Murder" for a charge of "Common Assault." (The Judge (a retired County Judge) had 'bound' himself to the agreement before he heard it. When he heard the agreed Statement of Facts, he blew up at what he said was a useless ASA).

Example: An eighty plus BLIND lady was beaten and robbed of her purse. The ASA agreed to go forward with reducing the crime to "Assault (2nd degree) and "Larceny" (in other words no felony charges). The ASA even agreed to no jail time. When the Judge heard the agreed Statement of Facts, he too was furious at the ASA.

I can go on, but you get the idea, at no time did the ASA's ever worry about the victim's concerns

Sorry I am late on this response.

Great examples and ones I don't doubt happen all the time by a factor of 10. As I said the ASAs seem to want the slam dunk. easy. keep my record  looking good cases. I am sure it is not true for all ASAs but like bad cops....one is too many.

Mark my words here, if this 'game' keeps getting played....sometime in the near future...some bodies wife is going to get killed...and it is 'plea bargained' and the husbands hunts down the dog and blows him away. But in that case the 'good guy' will probably get the full penalty. :mad:

For doing what the state SHOULD have done in the first place.

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