The Modern State of American Crime

The Modern State of American Crime:

(It is not a law enforcement problem)

In the news everyday are a litany of violent crimes all across the spectrum that would make even the most passionate believer in the American Justice System concerned about the future of the American Experiment.  The question becomes, “What can be done to improve this?” 

The first entity most people choose to lay the blame at the feet of are the law enforcement agency for that particular area.  How many times have you heard about criminals being arrested multiple times prior to being arrested for some violent heinous crime?    Like in 2018, when an individual was arrested by NYPD in connection with the homicide of a 29-year old nurse in Queens, NY.  Or a 2014 case, where a 24-year old South Carolina woman was arrested when her boyfriend’s 2-year old daughter was found unresponsive and later reported to have been beating with a dumbbell.  There was also the 2017 case of the 53 year old man who fatally shot his estranged wife in California.  The average person regularly has a response of, “Why isn’t law enforcement doing their job?”  Unfortunately, in these cases (and countless others) the background information paints a completely different picture and shows the local Law Enforcement Agency did everything correctly.  The flaw in the system most often lies at the stop after the criminal case leaves the Law Enforcement Agency’s facility.

For everyone who is concerned with the state of Crime in America, stop looking at the men and women carrying badges and guns, look at the men and women carrying the briefcases in and out of your local Solicitor’s and Public Prosecutor’s Offices.  Let’s look back at the three examples previously discussed. 

First, the 2018 NY homicide case.  The suspect was actually found across the country in a North Hollywood hotel room, where he had another woman held captive.  It was later discovered this same individual was arrested five times previously between 2011 and 2018 in his home state of Connecticut, as well as a charge of second-degree strangulation in the state of New York.  In the strangulation case, records indicate the individual was arrested on June 30^th and was released just 6 days later without any bail.  It was also discovered the assailant, at the time of his arrest, was on probation for a charge of second-degree harassment in Connecticut.  Did anyone ask the local Office of Prosecution why someone with such a violent history was so cavalierly released from custody?  No.

Next, we look at the case involving the 2-year old child.  Reports indicate the life-threatening injuries occurred at around 7:30 pm but calls for medical attention were not made until several hours later.  The 2-year old victim eventually succumbed to her injuries and died.  The 24-year old woman was released just hours after the arrest on a $50,000 bond.  It was later revealed the assailant had six previous arrests, to include a 2010 charge for Aggravated Criminal Domestic Violence.  What most people would find even further disturbing is the judicial outcome of these cases.  According to Court Records, the 2010 Aggravated Criminal Domestic Violence charges were reduced as part of a plea deal.  The plea deal resulted in the Aggravated Criminal Domestic Violence charges being reduced to Simple Assault and Battery, this individual was sentenced to time served and walked away from the courthouse free and clear.  As for the 2014 case, involving the 2-year old child, the result was equally disturbing.  The assailant was initially arrested for Homicide by Child Abuse.  As a result of the negotiations by the Prosecutor’s Office, a plea deal was reached.  The plea deal called for the charges to be reduced to Unlawful Neglect of a Child and the assailant was sentenced to 10 years.  Did anyone ask the Solicitor’s Office why someone with a documented violent past was afforded bail?  No.  Did anyone ask why this violent person was offered such a lenient plea deal considering their violent past and considering they were being tried for the death of a 2-year old child?  No.

Last, is the 2017 California Shooting Case.  The victim in the case was a 53-year old stay at home mother who also worked at a local Elementary School teaching Special Education students.  There was also a second fatal victim in this case, an 8-year old boy.  It was later revealed that the assailant had violent criminal background.  Records indicate he was arrested four times between 1982 and 2013 for charges that include weapons violations and domestic violence.  Gun Control advocates want to talk about how more legislation is the answer to prevent gun-related deaths.  I ask them, “What about the legislation that was already in place?  Most states have legislation to maximize sentences for repeat violent offenders.  Where was the Prosecutor’s efforts to maximize this assailant’s previous violence-related arrests?”

There are other cases that don’t get quite the attention in the press that our previous examples have gotten. Like a 2018 case in South Carolina where a woman took her own life.  While you may not think this case fits among our examples, I tell you it does fit.  When I tell you that the woman who took her own life was a victim of Domestic Violence and I tell you she had just been informed that her Domestic Violence Aggressor was released on bond, it fits.  Lastly, when I tell you her Aggressor had been arrested for Domestic Violence related charges five times (against her and other women) in the previous three years and was offered plea deals that ranged in results from “Declined to Prosecute” to suspended sentences, it absolutely fits.  Or how about the 1990 Mississippi case where an assailant stabbed his wife in excess of 30 times and stabbed his 10-year old stepdaughter another seven times.  The attack was too much for the wife to survive, but by nothing short of a miracle the 10-year old survived.  The attacker had a history of Domestic Violence.  Was the attacker given Life without the Possibility of Parole?  No.  Was it tried as a Capital Punishment Case?  No.  The heartless attacker was tried, found guilty, and given a “Life Sentence”.  This means the attacker is eligible to be released in a MAXIMUM of 35 years.

If you notice, there is one constant factor in all these cases.  There is one element in the Criminal Justice system that failed each of these victims.  The Prosecutorial Element failed each of these victims.  Ask yourself, if an individual has a repeated violent past that includes charges such as strangulation, why is that person being released from custody just 6 days later on no bail?  If an individual has previously been arrested for Aggravated Criminal Domestic Violence and is currently being charged with the death of a 2-year old child, why are they being released because they were able to come up with a mere $5,000.  Additionally, why are they being offered a plea deal to reduce a Homicide by Child Abuse charge to Unlawful Neglect of a Child?  This is clearly a person with a documented history of violence?  Ask yourself, “Why did it take the death of a Special Education Teacher for someone with an established violent past to finally be put into long term custody?”

The reason these types of things are happening, the reason why we have so many repeat violent offenders walking the streets boils down to two words, Conviction Rate.  Your local Prosecutor/Solicitor is more than likely an elected official.  As a result, every time re-election time comes around they count on most people not even paying attention to their re-election bid.  For those that do follow such elections, the Prosecutor/Solicitor seeking re-election like to tout their Conviction Rate.  They will tell you all day long that they have a 95% Conviction Rate or a 98% Conviction Rate.  While on the surface that sounds absolutely amazing.   What they won’t tell you is, every one of those plea deals goes down in the records as a conviction. 

If you think of it from the perspective of the person on trial, if you are offered the option to serve a quarter of the jail time (or in some cases no jail time at all) and all you need to do is plead guilty to a significantly lesser crime, would you accept it?  If you are concerned about the future of this nation when it comes to crime, become active in your local electoral process, particularly when it comes to your local Prosecutor/Solicitor.  Go on their Social Media page.  Ask them what the Conviction Rate, they will gladly respond with some very impressive percentage.  Then you need to respond to their answer with the question, “That’s great, what percentage of those convictions are as a result of Plea Deal?”  Don’t be surprised if they suddenly become too busy to respond.  An even better practice to take is to go to the various speaking event leading up to their re-election bid and ask them face to face in front of their constituents. Make them answer you in front of their voters.  Most County Government websites provide a Judicial Public Index that allows you to see the results of all criminal cases.  Look at all the recent Assault and Battery Cases and see how many are “Disposed” as a result of a Plea.

Hold their feet to the fire and make them tell you how often they offer a plea deal because they just don’t want to do the job you elected them to do.  Ask them how often they offer a plea deal to Domestic Violence offenders because “the victim refuses to cooperate”?  Then ask them if your state has the option to “prosecute in absence of a victim’s testimony”, invariably every state does have that option.  If they say your state does not have such thing then ask them, “How do you try Homicide Cases?  I would think it would be difficult for a Homicide victim to testify.”

Ladies and Gentlemen, it is time to start holding these elected officials accountable for their actions (or in most cases inaction) and hold them accountable for their apathy. 

Nathan Cotus

@Nathan_Cotus

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