Letter to the Editor

What are we teaching society?

Thursday, August 21, 2014

Dear Editor,

I just finished reading the front page of yesterday's news, yes I still do that, I read yesterdays newspaper when I just don't have time otherwise. The article 'Red Willow County crime spree agreement' Aug. 18, 2014, is jaw-dropping by all accounts. and I wished to weigh in on the implications of what this says about our laws, our judicial system and the penal system.

It seems an all-too often occasion that we read stories of this nature. A perpetrator who has committed a crime and faces trial but then makes a deal (a plea agreement) with the county attorney to avoid the inevitable prepossession of a lengthy prison term.

This is always in the light of the clear facts that the said perpetrator is indeed guilty as charged.

Let me cover the "law of the land." We have laws so that if someone breaks a law, he or she is punished for that offense. In the cases we read about, by what can only be described as hardened criminals, the laws only mean "a law," not multiple acts of the same law.

The message sent out to criminals -- whether they read the paper or not is this: once you break a law you just as well go ahead and keep breaking that law until they catch you because they will only charge you with breaking that law ONCE anyway.

I know the arguments that the County Attorney's office has for this "discrepancy," "we can't afford to clog up the court system with all these criminals."

I understand that streamlining some of these charges for efficiency sake can make sense in some situations but NOT ALL.

In the case of this serial-crime-spree offender mentioned in the article, they should have sent the message of "we have a limit to our usually very compassionate plea agreements."

They should have used this case as a way to "drive the message home" to future criminals -- saying "we have a limit and this can happen to you too!"

Unfortunately they did not -- like creatures of habit, they followed 'the path of least resistance' and the status quo.

Our judicial system makes these cases an accepted practice due to not having time to try each case, as there are so many to try and too few judges. This is actually the doctrine sent down the pipeline from the federal government to the state and on down the line.

"Not enough time, not enough prisons" to handle all of the criminals who break the law. As for the attorneys elected to prosecute these criminals, they say they don't have the time, "it's a part time job" particularly in the county we reside in.

Funny, why don't we have a system that grows with the level of the amount of crime that occurs? In this county, I think we need a situation where if the job swells so should the position(s).

If one lawyer isn't enough, then hire more. I feel the same with judicial seats as well, so have the State Legislature change the number of judges or if it is a federal level decision then have the Federal Government do it if that is the case. But if this is the problem ... then fix it!

Now let us discuss the penal system. Let me get this straight, our prisons are 149.98 percent of capacity in 2013?

This is light of the fact that our judicial system operates as it does now! (see paragraph four again) The reason? Because the public doesn't want to spend the money and/or the Legislature doesn't have the fortitude to face the issue of higher crime rates and the need for a place to punish criminals. Let's remind you of the third paragraph and add in "sympathetic tolerance"! Somehow people think that all 'criminals can be rehabilitated'; I agree we should have that option available IF there is a chance of rehabilitated. Unfortunately the odds are slim and the chances should be the same. If you break the laws, then pay the price to society.

The fact is that criminals are usually child-like, they justify their actions with selfishness or try to transfer the guilt of their actions to someone, anyone else.

So why not use the Law, the Judicial system and the penal system as a 'teachable moment'? It seems rather easy; just follow the 'Law of the Land'!

Bill Longnecker,

McCook, Nebraska

Comments

View 8 comments

Note: The nature of the Internet makes it impractical for our staff to review every comment. Please note that those who post comments on this website may do so using a screen name, which may or may not reflect a website user's actual name. Readers should be careful not to assign comments to real people who may have names similar to screen names. Refrain from obscenity in your comments, and to keep discussions civil, don't say anything in a way your grandmother would be ashamed to read.

Even a light sentence for a felony is significant. Often the person getting a felony can't get a job, can't vote, can't own certain types of businesses , can't go into certain occupations, etc.. They lose a lot of rights and opportunities. In many cases, they feel that they are stuck and , of course, go back to crime. The sentences handed down in Red willow are about right. The prosecutor could , if he choose, prosecute all 30 thefts. But, you have to realize that he also must prove all 30 thefts. He can't prove just one and say that the others therefore, are proven as well. Think of how long it would take to prove 30 thefts. How many witnesses would there be? How many police officers would have to give testimony? How much court time is involved? How many delays? And , also, how many appeals? How long will those appeals take? How much will those appeals cost? The local DA is exercising good judgment. He's not doing anything wrong.

-- Posted by bob s on Thu, Aug 21, 2014, at 4:38 PM
Did the guy in the article get prison time? Is he now a convicted felon? Did we get him off the streets? Wondering when the last time you in the court room. Before judging the system, you might what to pull a court file, which are public record and see what is going on with the case. Plea Bargins happen for a varitey of reasons and each one depends on the case. Did the victim want to continue with the charge if it meant they have to testify? Did the witness who was given a subpoena show up to court even though by law they are suppose to? Did the Defense maybe prove that the witness for the State was not truthful? Did the blood level on a DUI come back much lower from the Lab then the PBT? The paper prints all the time if there is a plea bargin in the case, but do they ever know the reason, do they care? They would rather put down the system and paint all the players corrupt. Anyone with concerns should educate themselves and attend a court hearing in county or district court, not sit back and complain because they don't have the entire story.

-- Posted by McCook Gal on Fri, Aug 22, 2014, at 8:21 AM
McCook Gal. What about the guy who's had 5 DUI's and pled to first offense. What are you going to say the next time he gets a DUI and he's killed someone in the process? Did he finally learn his lesson? And if so, at who's expense? We need to prosecute to the fullest no more plea agreements! There's no incentive to stop.

-- Posted by FNLYHOME on Fri, Aug 22, 2014, at 2:01 PM
Well written letter Mr. Longnecker. There will always be naysayers like respondents 1 and 2 that don't think anyone ever needs to be punished no matter what the crime or number of crimes. They are either 1). Persons that have spent time in court or 2). Relatives or friends of the Co. Attorney.

However, until the citizens get enough backbone to say enough is enough, this kind of plea bargaining will continue. Red Willow County is well know for its plea bargaining process that is referred to as "Catch and Release". Some of us across the border wonder why so much money was spent on a new jail.

-- Posted by ksfarmer on Sat, Aug 23, 2014, at 1:10 AM
Ks. Farmer...it is well known only because you get the news from here, and believe that you are well informed. I'm betting if you went to as close as Hoxie, and asked about the "well known" fact that RW County is famous for catch and release...the chances are as good they will say "where?" I have envisioned a scene from some old movie where people are running from an ensuing storm, but the caption reads: dateline Topeka..Paul Wood agrees to another plea bargain." Get serious.

-- Posted by hulapopper on Sun, Aug 24, 2014, at 4:39 AM
For the record I am not related to the county attorney and no one in my family has ever had anything more than a speeding ticket, even suggesting such, shows your lack of character. I think personal attacks are not needed. My suggestion was simply to educate yourself.

-- Posted by McCook Gal on Mon, Aug 25, 2014, at 8:35 AM
Regardless, what are you going to say when this guy's 6th DUI involves killing someone or even worse, a family member? Then do you still support "catch and release"? When is he (& others like him) going to learn?

-- Posted by FNLYHOME on Tue, Aug 26, 2014, at 1:55 PM
Let he without sin cast the first stone.

All people make mistakes and all government employed professionals are paid to perform professional services for the good of the community. If you think you can do their job better than them I encourage you to get licensed and step up to the plate.

-Cory Gaston

-- Posted by gaston12 on Fri, Sep 12, 2014, at 2:35 PM

Respond to this story

Posting a comment requires free registration:

If you already have an account, follow this link to login
Otherwise, follow this link to register