01-31-2012, 04:00 PM
Aloha Mr. Carr,
Thank you for your question regarding my being prepared to vigorously prosecute every serious criminal case regardless of the accused's connections, position, or family protestations of hardship, difficult past, etc. The simple answer is YES. I do not believe that a criminal's connections should allow one an out of criminal prosecution.
However, a simple yes is the easy answer. The more complete answer requires a discussion about the burden of proof and plea bargains. In every criminal case the State (Prosecutor) has to prove the case beyond a reasonable doubt. All prosecutors have an ethical duty not to charge cases that they do not believe can be proved beyond a reasonable doubt. This is a national burden and not a local one. The burden for the police to make an arrest is probable cause, a lesser standard than beyond a reasonable doubt. There are many reasons a case sent to our office may not meet the higher burden of proof beyond a reasonable doubt and thus do not get charged.
This being said, I have been one of the more aggressive deputies in our office when it comes to charging cases. On more than one occasion I have been told, "You charge it, you try it." In one those, you charge it you try it cases, the Defendant received a consecutive sentence of 130 years. I have also actively reviewed cases declined by other deputies and charged those cases.
Will I allow plea bargains? YES , But why?
Our office receives thousands of cases every year. We have 2 Circuit Court Judges in Hilo, 2 District Court Judges and 2 Family Court Judges in Hilo. In Kona we have less. These judges hear Civil and Criminal Cases. A single jury trial can last a week or several months. Currently there is a civil trial going on that may last a couple more months. Doing the math you can see that the system cannot handle a trial in every case. For this single reason plea bargains are a necessary evil.
Another reason for plea bargains is that our prisons are overcrowded. Every time we put a prisoner in a prisoner comes out on the other end. Thus we have to be smart about who we put in prison.
In another post, there was a reference to a recent case I handled where a moped rider was dragged by a drunk driver. The poster mistakenly stated the driver had 3 previous convictions for DUI. In fact the driver did not have any previous convictions. That Defendant was sentenced to a 10 year prison term.
There are several other reasons for plea bargains that go beyond the clutter in the system. These include to honor the wishes of victims and their families, to protect victims, justice itself, etc.
Crime is generally a symptom of other issues. Too often we approach crime issues by looking to courts, prosecutors and police as the only solution. I often tell people that if your only tool is a hammer, all your problems are nails. I applaud you in getting involved with neighborhood watch, time and time again I have seen community groups like yours as the most effective law enforcement tool in solving community problems.
Thank you for your questions.
With Aloha,
Mitch Roth
Thank you for your question regarding my being prepared to vigorously prosecute every serious criminal case regardless of the accused's connections, position, or family protestations of hardship, difficult past, etc. The simple answer is YES. I do not believe that a criminal's connections should allow one an out of criminal prosecution.
However, a simple yes is the easy answer. The more complete answer requires a discussion about the burden of proof and plea bargains. In every criminal case the State (Prosecutor) has to prove the case beyond a reasonable doubt. All prosecutors have an ethical duty not to charge cases that they do not believe can be proved beyond a reasonable doubt. This is a national burden and not a local one. The burden for the police to make an arrest is probable cause, a lesser standard than beyond a reasonable doubt. There are many reasons a case sent to our office may not meet the higher burden of proof beyond a reasonable doubt and thus do not get charged.
This being said, I have been one of the more aggressive deputies in our office when it comes to charging cases. On more than one occasion I have been told, "You charge it, you try it." In one those, you charge it you try it cases, the Defendant received a consecutive sentence of 130 years. I have also actively reviewed cases declined by other deputies and charged those cases.
Will I allow plea bargains? YES , But why?
Our office receives thousands of cases every year. We have 2 Circuit Court Judges in Hilo, 2 District Court Judges and 2 Family Court Judges in Hilo. In Kona we have less. These judges hear Civil and Criminal Cases. A single jury trial can last a week or several months. Currently there is a civil trial going on that may last a couple more months. Doing the math you can see that the system cannot handle a trial in every case. For this single reason plea bargains are a necessary evil.
Another reason for plea bargains is that our prisons are overcrowded. Every time we put a prisoner in a prisoner comes out on the other end. Thus we have to be smart about who we put in prison.
In another post, there was a reference to a recent case I handled where a moped rider was dragged by a drunk driver. The poster mistakenly stated the driver had 3 previous convictions for DUI. In fact the driver did not have any previous convictions. That Defendant was sentenced to a 10 year prison term.
There are several other reasons for plea bargains that go beyond the clutter in the system. These include to honor the wishes of victims and their families, to protect victims, justice itself, etc.
Crime is generally a symptom of other issues. Too often we approach crime issues by looking to courts, prosecutors and police as the only solution. I often tell people that if your only tool is a hammer, all your problems are nails. I applaud you in getting involved with neighborhood watch, time and time again I have seen community groups like yours as the most effective law enforcement tool in solving community problems.
Thank you for your questions.
With Aloha,
Mitch Roth
With Aloha,
Mitch Roth
Mitch Roth