The Times is doing a series of articles highlighting common laws and rules. Today, in part two of a two-part series on prosecutors, we examine why there are plea agreements and why people receive the sentence they do. To suggest a law for The Times to highlight, contact the writer.
People often wonder why prosecutors settle cases with plea agreements when they could take the case to trial and try to get the defendant a conviction and more harsh sentence.
But the reason every case isn't taken to trial is that there aren't enough prosecutors, judges or courtrooms to handle such a proposal.
"If 10, 15 or 20 percent (of cases) went to jury trial, the system would collapse," Porter County Prosecutor Brian Gensel said.
Gensel said the plea agreement system works because each side settles on what they believe is fair based on the risks each side would face if the case went to trial. Prosecutors get their conviction and the defendant gets a slightly more lenient resolution.
Gensel noted that if a defendant gets a particularly lenient plea agreement, it's probably because prosecutors had concerns about the strength of their case. Prosecutors could be dealing with a disappearing witness, a witness whose story is changing or a victim who doesn't want to cooperate.
People also don't understand why a person, who seemingly faces decades in prison, might only serve months or years behind bars.
But Gensel said that whenever a person is initially charged with a crime, such drunken driving causing death, the person might face six to 12 separate charges -- something that allows prosecutors to keep their options open.
But what the public doesn't understand is that if a person is sentenced to six years for drunken driving causing death, they can't also get additional time behind bars for the lesser drunken driving charges filed for the same offense.
And just because a person faces a maximum of 20 years for child molesting doesn't mean they will receive the maximum. Judges must weigh aggravating and mitigating factors, and the presumptive sentence is actually 10 years.
In addition, a burglar who faces 20 years in prison for a burglary won't get 300 years in prison for doing 15 burglaries. They will get more time than someone who committed just one burglary, but the system won't "max and stack" prison time upon them, Gensel said.
And once a person is sent to prison in Indiana, he or she can get out in half the time with good behavior, and can cut off additional time by doing things such as taking educational courses.
