A White Collar Crime Haiku

A WHITE COLLAR CRIME HAIKU

Fraud, greed, everywhere.

No one hears the victims' cries.

Some things never change.

Rules, Extortion, Child Molestation, and How Two Wrongs Don't Make a Right

As a former prosecutor and, currently, as an Augusta, Georgia criminal defense attorney, I have learned that there are some basic, common sense rules we all should follow, as citizens.  For instance, it should go without saying that one of the first actions a crime victim, (or family member), should take is to contact law enforcement and report the crime.  In addition, generally, you should never attempt to take the law into your own hands.  Also, as a rule, you should never attempt to "settle up" with the alleged criminal.  Finally, you should never, ever attempt to extort money from the accused, in exchange for not reporting the crime to the police.  Put more simply, this final rule illustrates the old adage that two wrongs never make a right!  If you don't believe it, then please listen to what just happened to a Morgan County, Georgia woman when she failed to follow the rules.

According to various news reports, a Morgan County woman has been charged today with theft by extortion, in connection with money payments which she allegedly demanded from a Morgan County middle school teacher who had allegedly sexually abused a child for whom she is the guardian.  In other words, according to a G.B.I. agent, the child's guardian essentially "settled up" with the teacher concerning the alleged child abuse, by demanding money in exchange for not notifying the authorities.  Of course, both parties are presumed innocent and entitled to their respective days in court.

What do you think about this "alleged" sordid mess?  Just look at all the trouble you can get into by violating the rules!  Can you imagine any parent accepting money for not reporting the abuse of their child?  Something may not make sense about this news report!  But it always makes sense that two wrongs never make a right!

Plea Bargaining and How To Avoid Its Evil Side

It is a fact that most criminal cases don't go to trial; instead, most cases, (perhaps 80-90% of all criminal cases), result in plea bargains. Plea bargaining is like the WD-40 of the criminal justice system. Cutting deals to avoid trials generally benefits both parties and it also removes the "squeaks" from our overloaded courts. In other words, without some plea bargaining, our courts would arguably collapse from the weight of all the defendants demanding trials!

However, as a former federal prosecutor, (and currently as a criminal defense lawyer), I can tell you that prosecutors should try to avoid some of the evil, or seemier, sides of plea bargaining. Here are a few ideas:

1. Consult With Your Crime Victim: Most of the bad rap on plea bargaining comes from the prosecutor not taking the time to simply talk with the crime victim, (or victim's family members), before cutting a deal with the defense attorney. Imagine how you would feel if your family member has been murdered and the prosecutor has allowed the defendant to plead guilty to a lessor charge without giving you any forewarning or explanation. You would be outraged! Over the years, I have learned that, if you communicate with a victim, (or victim's family members), and develop a good rapport, then they will trust you if you need to plea bargain because of evidentiary problems. But you must earn that trust through communication!

2. Consult With Your Case Investigator: Also, imagine how you would feel if you were a criminal investigator and you have worked your tail off to catch a bad guy, and then some wet-behind-the-ears prosecutor has plea bargained your case to "spitting on the sidewalk" and has done so without ever calling you to get your input! This happens in the real world! And it explains why investigators often dislike plea bargaining, (and some prosecutors)!

3. Avoid Plea Bargaining As To Sentence: A lot of the bad rap about plea bargaining also comes from the prosecutor agreeing to a specific sentence that the defendant, "Sluggo," gets to serve. In other words, don't you agree that there is something a little unsavory about allowing Sluggo to have a say-so about his own sentence? Prosecutors can avoid this scenario by attempting to plea bargain only as to the number of counts a defendant must plead guilty to, or by allowing a defendant to plead guilty to a lesser included offense, but leaving the question of sentencing up to the judge.

These are just some of the ideas that I have learned, as a former prosecutor, about how to lessen the "evils" of plea bargaining. Again, plea bargaining may be evil, but it is a necessary evil. And the primary key to avoiding its seemier side is for the prosecutor to COMMUNICATE -- with the crime victim, (or victim's family members), and with the investigator who made the case.

Don't you agree that good communication is often the key solution to problems in most relationships?!