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NY: Make Plea Bargains In Felony Sex Abuse Cases More Difficult

[ – 12/20/19]

New York state doesn’t want to be too harsh on those convicted of crimes.

That thought applies to the intransigence of state Democrats to broach the idea of tweaking their much-criticized criminal justice reforms just as it does to a piece of common-sense legislation that has been introduced for the past six years in the state Legislature without ever becoming law.

Past history didn’t stop Assemblyman Fred Thiele Jr., R-Sag Harbor, from reintroducing legislation that would make it harder for prosecutors and defense attorneys from making plea bargains in felony sex offense cases. While it’s not likely, A.8803/S.1338 should become law.

Thiele’s proposal is to require that any guilty plea to satisfy a felony sex offense charge include at least a guilty plea to a felony sex crime. When felony sex abuse cases are pleaded down to non-sex offenses, it means defendants are not treated as sex offenders, not required to undergo sex offender treatment or evaluation and are released into the community without notification.

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This only applies to crimes that are sexual in nature? Not a closed fist beating of a women or a child? or if you stab someone? Or a DWI with severe injury? Nonsensical, Silly & Stupid.

The reason it do not apply to those crime, because the NY governor do not want cut his own throat.

I like that idea! So the prosecutors and defense can’t just sweep it under the rug! Both have to dig in to find the truth. And one more thing that should be add in a hearing is the cops should not testify on behave of the victim. It is Hear Say! Not seen by the cop! Well the person told me this! But did you see this happen? NO!! Could the victim be lying to you? Don’t know! Ok! When talking to the accused did he or she seem strange! Yes! How? Well the defendant would not talk to me… Read more »

Be careful of what you wish for… I decided to “duke it out,” and after the 3rd mistrial, my attorney would get an email from the DA office every week for the next 2 years asking; Please Mr. _______s, won’t your client accept ***ANY*** deal? I gave some “conditions” that I felt would result in them being forced to dismiss the case. They dropped the existing charges but came up with a “wobbler,” instead that was totally unrelated to the original accusations. But because they “met” my conditions, my attorney said I should accept the offer. The DA gave us… Read more »

This should have been done a long time ago.
Wait until you see how they make it much more difficult to get good defense, and all the legal rules screw defendants !
But its on the right course of due process and makes the prosecution/Gov work their arses off and i love this part…PAY, PAY AND PAY FOR REAL CONVICTIONS because if you are guilty they will work for it and pay for it.

Once again the centerpiece and justification for this legislation is based on the false presumption that when sex is an element the recidivism risk is both “frightening and high”. It is now clear that there is no factual basis to support this mass hysteria. The sex offender registry is the vehicle to get the legal precedents in place to abandon the constitutional approach in favor of “civil regulatory “ schemes that pay mere lip service to the Mendoza Martinez factors. I believe we as a nation have been conditioned to believe the lies that feed the hysteria and that leads… Read more »

Ironically enough the most hated class of people in America are the ones fighting to preserve the liberty and freedom for all by protecting the basic structure of the bill of rights. We anxiously await the decisions in Pennsylvania as well as Colorado to represent either a turning point brought upon by our system of checks and balances or quite simply the death throws of democracy in America.

Now that the the senators and such had adequate time to increase penalties they want to pursue blocking plea bargains when it may be the right move for the Defense. Not to mention what crooked tricks will ensue with mental unfit…hence BEING COMMITED, THEN MANDATORY CASTRATION, THEN A VERY LONG AND ARDUOUS APPEAL, OR SPECIAL HEARING OR TO OVERTURN JUDGEMENTS…etc.etc… Uuhh !! WHO HERE KNOWS THE LAW WAS NOT RIGHT WHEN IT IMPLEMENTED A SYSTEM OF RESTRICTIONS WITHOUT REGARDS TO PREDETERMINED AVENUE OF RELIEF FROM SUCH LEGAL MATTERS..!!! HOW DID THIS EVEN LAW EVEN BE ALLOWED WITHOUT REGARDS TO LEGAL… Read more »

When felony sex abuse cases are pleaded down to non-sex offenses, it means defendants are not treated as sex offenders, not required to undergo sex offender treatment or evaluation and are released into the community without notification.

So in other words, not harassed and mistreated for life………….

They also told on themselves. They’re protecting the grants, jobs, PR sweeps, NOT children.

So long as the public is brainwashed by LEOs, the media and lawmakers into thinking they feel safer knowing where we live, expect nothing to change. Ever.

Fear and hate will always control the narrative.

Been in this nightmare for 12 years. Gets worse every year. They cops get more brazen and emboldened with their sweeps and their “pro-active” security theater horse shit.

Those on the registry 30 to 40 years from now will look back and marvel at how easy we had it!

I’m not a lawyer, but my first impression was that this violates equal protection by singling out a class and denying procedural processes enjoyed by everyone else. Granted, there is no constitutional right to a plea bargain. However, I’ve never heard of a legal privilege being legislatively denied simply to insure non-punitive collateral consequences, e.g. community notification and registration. I also wonder about the separation of powers question. The legislature may be usurping executive prerogative to bring and dismiss charges. They are setting themselves up for a long appellate slog up through the Supreme Court. This law would undoubtedly induce… Read more »

Let’s not resign on how the narrative will go for Registrants and the Registry. The past does not predict the future.

In many ways the past does predict the future, like science…when a body in motion is moved by a force some other force has to stop or change its current trajectory, in plain words this REGISTRY IS GOING TO KEEP SPREADING ALL OVER THE WORLD…WHAT BEGAN IN THE PAST HAS TO BE ACCOMPLISHED…wither it be DESTUCTION, Civil Unrest, PERSECUTION…Etc… It will not END unless enough GOOD PEOPLE TAKE A STAND.. The Laws are NOTHING WITHOUT THE WILL OF THE PEOPLE ..AND THEY ARE HELLLL BENT ON THIS PATH !! LIKE ALL THINGS THIS WILL PASS, But what will be the… Read more »

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