Jurors don’t know what the penalties for a guilty verdict will be. They should.
Our jury system asks jurors to make decisions that have enormous consequences for citizens and their family members. The tough-on-crime laws of the 1990s, which lengthened many sentences to decades in prison, were sold to Floridians as being for the worst-of-the-worst criminals. What we have found, though, is that these harsh laws have caught up many people for whom they were never intended by our citizenry.
Before making a decision, should jurors be made aware of what will happen after a guilty verdict? Being told of the full sentence could be a game changer. As our courts are now, judges can undermine jurors’ opportunity to produce a fairer punishment when legislators and courts are not willing to do so.
There are criminal statutes that are far more severe than most citizens are aware.
Being placed on the registry in Florida can be part of a sentence, making sure that the punishment continues for a lifetime. Should jurors know this? Yes! Should the punitive nature of the registry be explained to the jurors? Yes! Every minute detail of it!
The punitive nature of the registry in Florida is so severe that there are people who are taking longer prison sentences in exchange for NOT being placed on the registry. As a defense attorney told me five years ago, being placed on the registry will destroy a person’s life.
Criminal juries were intended by our founders to be powerful checks on state power over criminal punishment. If that power could be returned to jurors, legislators might think twice before enacting severe penalties.
The sex offense registry is part of the sentencing process and is punitive, and that is putting it mildly. Jurors need to know how punitive the registry is to counteract what unscrupulous and self-centered lawmakers have done.
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I was thinking about this the other day. How about something along the lines of ‘ya gotta give something to get something with prosecutors and legislators?’
How about doing away with the trial penalty or trial tax as some call it and adding a component where the jury is given the sentencing range to allow them to make an ‘educated decision’ instead of stacking the charges AND the sentence.
Oh, that was not a trade-off involving an accused but actually leveling the playing field for those on the receiving end.
I’m just keeping it 100% real…had I known about what all gos with a conviction/ plea of a listed Sex Offence, and it will be for ever…im sure I would have had ran the other way before committing anything close to a sexual offense….u can bet on that.
Edward
Funny you say that. I once said if I could go back in time I would have plead not guilty and gone to trial. But stupid me. If I could go back in time, the smarter thing would have been to not have done the deed in the first place, regardless if it was so called “Consensual”.
In fact, if I had a time machine, I would have gone back to when I was about 9 years old and warned myself about a lot of crap. Maybe I could have changed the World. The only good news is, when this is all over, I know there is one that forgives and He is the only one that matters.
“These things I have spoken to you, that in Me you may have peace. In the world you will have tribulation; but be of good cheer, I have overcome the world.”
John 16:33
Edward, I read your comment and thought back to when I was discussing with my lawyer “What does that registry thing mean to me?” He shared it was a means for the local govt to know where I lived and little more. I would be able to petition the Court to get off the registry after 10 years. He didnt think the registry would cause any more concerns for my life moving forward than the felony conviction.
As has been discussed MANY times, the registry is a moving target for us (and our loved ones) as the requirements keep getting increased, it is impossible to say anything about back then and IF I had known or such. Each of us somehow did something that put us into the negative limelight. We cant change yesterday, last week, even a moment ago. To me, FAC and its members are focused on how can we move forward with the weight of the ever increasing load being placed on our shoulders and still have some quality of life.
Interesting how they turned off the comments section after those 3 comments.
Maestro
I went and double checked because it said “Sign in to comment”.
But when I clicked that it said “Comments are now closed”.
I was going to put this comment……………
#1 They can’t handle the truth
#2 The truth hurts
#3 The truth will set you free
CherokeeJack
#4 If you can’t handle the truth don’t give me no lies and keep your arrogance to yourself.
#5 If you worry about other people’s business let’s see what skeletons are in your closet.
#6 If you were a crayon your shade would be Holier Than Thou White with a tinge of brown.
Brandon
Those Skeltons in my closet are very rude, they don’t even pay rent.
Yeah, but they probably don’t eat much either.
Being placed on the registry in Florida can be part of a sentence, making sure that the punishment continues for a lifetime.
This statement is wrong and should be the basis for a challenge. There was NO mention of a registry when I was sentenced, because it did not exist. Why do people from the registry on get to use that as a plea bargain to get a better deal? I and 1000s of others did not get any considerations. The judges who refuse to acknowledge this should be ashamed they went to law school because they obviously did not pay attention in classes.
“Justice for all” I guess excludes anyone with a sex offense. Funny how I did not find the registry anywhere in the year I was sentenced. Shame on you justice system for being unjust.
CherokeeJ…
In Flori-DUH, Being on the Registry is for life and even after death!
In theory, everyone, is still a Ward of the State of Flori-Duh!
On State Sanctioned Compliance for the Rest of One’s Life and even after death!
Violation of Due Process; Violation of Ex Post Facto; Violation of Non-Delegation Doctrine; Violation of the Commerce Clause; ETC! ETC!! ETC!!
Make it a Great Day in the Neighborhood!
Sorry but I must disagree. That is not the jury’s burden to process. They are there to determine IF, and only if, what a person has been accused of has been proven beyond all reasonable doubt. Thats it. The only time, to my knowledge, that a jury is brought into the penalty phase is during case when the death penalty can be imposed.
In my case I did not go to a jury trial and accepted a plea – as the vast majority of defendants do. Mine, and my attorney’s failure, was not fully investigating the repercussions (beyond jail time). The SOR was relatively new at the time and we didnt think to find out what my post-incarceration registration status would be. Had I known it would be “for life”, I may have tried for a better deal to avoid this fate. I can only hope today, with the history of the registry well established, defense attorney’s are smarter and more educated on the post-conviction registry and advise their clients accordingly before accepting any sort of plea agreement.
Yes, I do think the registration laws are draconian and need to be radically changed at a minimum. Abolished entirely would be ideal of course. But that is up to the appellate courts and the legislature; not the juries.
Good for the Washington Post. And for FAC Speaks for bolstering the Comments section of the article.
My bad, I thought WaPo was commenting on our registry when in fact that was FAC original content!