NCJ Number
150764
Journal
Parade Magazine Dated: (September 25, 1994) Pages: 4-6
Date Published
1994
Length
3 pages
Annotation
Offenders initially charged with severe offenses, as evidenced by the nature of the crime, often eventually serve relatively short sentences due to plea bargains that issue in convictions for lesser offenses.
Abstract
This article uses the examples of the "Preppy Murder Case," in which a teenage girl was strangled and battered in a park; the rape of an unconscious girl by five young men; and the sentencing of Melvin Carter, who admitted committing close to 100 rapes to show how sentences do not fit the crimes committed. In the "Preppy Murder Case," Robert Chambers received a plea bargain whereby he admitted to manslaughter and burglary, offenses for which he is eligible for release after only 5 years. Melvin Carter was allowed to plead "no contest" to 23 counts of rape, assault, burglary, and attempted burglary, which translated into a sentence of just 12 years in prison and 3 years on parole. The five rapists of the unconscious woman were allowed to plead guilty to "sexual misconduct," a misdemeanor that issued in a sentence of $750 fines. Persons who commit serious crimes are given sentences for lesser crimes through prosecutorial plea bargaining and judicial acquiescence to unjust plea bargaining. This happens because of judicial and prosecutorial motivation to maintain rapid case flow in an overburdened court system and prosecutorial motivation to gain certain convictions by persuading defendants to admit guilt under the enticement of a lesser sentence than the actual crime deserves. Such policies can only be deterred by an electorate that requires its prosecutors and judges to give priority to obtaining convictions and issuing sentences that reflect the severity of the crimes committed. The article includes a checklist of questions for citizens to ask about their district attorney.