"IT'S A BAD TIME TO BE A VICTIM IN FLORIDA"

First, Judges aren't unionizing, although they probably should, based on this story. 

Second, we start this post by inviting the prosecutor who is the subject of this post to email us a response which will be posted word for word without edit or comment. That is our policy. 

Third, we have obviously not written the name of the individual. And that policy will continue in the comments section. Attack our reasoning, or the prosecutor's comments- but do it as we did without using a name, or your efforts will be for naught as we will NOT post the comment. Period. End of discussion. 

The League of Superheroes a/k/a League of Prosecutors had their annual awards dinner this past weekend. And trust us, considering that we do not attend the FACDL Awards banquet, which is this weekend BTW, we wouldn't be caught within ten miles of that soiree. But we did receive several emails and they all were of a similar bent: that the veteran prosecutor who won the award could not have been more condescending and started his speech by stating that he was going to be politically incorrect or words to that effect. He then launched into a diatribe against Judges and defense attorneys, stating that it was "a bad time to be a victim in the State of Florida."

When you start hearing voices and seeing things that aren't occurring, perhaps it's time for the old prosecutor's home. 

Every single case handled by this current State Attorneys Office is based on the plea offer the victim wants, whether or not it's grounded in reality. Prosecutors have abandoned their constitutional mandate to do justice, deferring to the irrational demands of victims who are admittedly traumatized and entitled to be angry and seek vengeance. But ours is a justice system, not a vengeance system, although the current State Attorneys Office doesn't act like it. 

"Attempted car burglary. 19 year old neighbor with no priors and mental issues was seeing trying to break into a neighbor's car. Car was scratched. Plea offer is five years judge- victim wants the max."

How many times a day does the state say "victim wants the max?" 
The Judge cannot get involved in plea negotiations or they forfeit their ability to really rocket the defendant who goes to trial and loses. 
So the defendant is squeezed between a prosecutor who won't exercise discretion and a Judge who can't lest they be tagged as soft on crime by disillusioned prosecutors whose prime was sometime in the late 1980s. 

When the guidelines were initially enacted there was a minimum and maximum penalty the judge could not exceed without reasons. But that resulted in a few people getting a sentence less than the max that the victim wanted, so the legislature removed the maximum sentence and made it the statutory maximum, unless the guidelines are higher than the statutory maximum, and then the higher sentence applies. But it's good to be a defendant these days according to Wyatt Earp. 

A judge used to be able to go below the guidelines if a defendant was addicted to drugs or alcohol, but too many judges were doing that (because most state court crimes are committed by poor, drug addicted defendants) so the legislature specifically removed that as a reason for a downward departure. But it's good to be a defendant these days according to Dirty Harry. 

There used to be a drug minimum mandatory and a gun minimum mandatory, now there are dozens of min mans in which the legislature has said a Judge does not have the wisdom to impose a fair sentence. 
A second degree murder used to carry 17-22 years under the original guidelines. Now there is absolutely no difference in a first or second degree murder conviction with a firearm- both carry mandatory life sentences. But it's good to be a defendant these days according to Vincent Van Gogh. 

The United States incarcerates more of it's citizens than the former Soviet Union did; more than Iran or South Africa do, but judges are soft on crime and disrespectful to victims according to Donald Trump Jr. 

Is it hard to be a victim in the criminal justice system? You bet it is. If you are tragically next of kin on a murder case, it might take years to see the case proceed to trial or the defendant accept a plea. It can be a long and frustrating road for innocent people whose lives have been disrupted if not wrecked by crime and a defendant. Of this there is no doubt. But it is not the Judge's fault and it is not the defense attorney's  fault and in the scheme of things as bad as it is to be a victim in the criminal justice system, it is worse to be a defendant in a system where they do not belong by virtue of their innocence or facts of the case. Each side has a case for why their client is being hurt by the system. But what we do know is that nobody runs for office and wins promoting a "defendant's bill of rights" (yes we know about the constitution) but every candidate for every elective office supports a Victim Bill of Rights and a "lets get tough on crime and get rid of liberal judges" platform. 

We could go on and on but the alcohol is running low. 

Prosecutors who get awards and spend their time disparaging judges and defense attorneys are one reason why the justice system is in the poor shape that it is in. Not every defendant is guilty and not every defendant is innocent. Not every defendant deserves the maximum sentence and not every defendant deserves to have her case dismissed with an apology and dinner at Joes. But if one side brings the mentality that Judges are soft on crime and allow defense attorneys to disparage and re-victimize victims, then we are as bad as congress and this system is doomed.


(Apologies to Messrs.. Earp; Eastwood; Van Gogh; and Trump, Jr.).