The job description of prosecutors is defined in the criminal statutes of most states. Each definition includes the word "justice" as in: it is a prosecutor's job "to do justice" - not win or get as many convictions as possible, but TO DO JUSTICE. As I get older, more experienced and mellow out, I find that I see many shades of grey in between the black-and-white that I saw exclusively in my youth. Justice is not always clear. There is a scenario that comes up continually on the border and I'd like to know how you - our readers and fellow citizens - would like it handled. Understand that no two cases are alike and there are often mitigating and/or aggravating circumstances. It's hard to design a bright-line rule in matters of law, but there is wisdom in the multitude of counselors, so I'd appreciate your input via your comment on this post.
Very often the crimes I prosecute have illegal immigrants as defendants. A conviction for most felony crimes will result in deportation. Though I am sure it varies by jurisdiction, most of the felonies committed by illegal immigrants in my jurisdiction are drunk driving, family violence, and drug possession. The defense attorneys always want us to reduce the charge to non-violent misdemeanor crimes so that their client may avoid deportation. This would mean taking a felony family violence case in which someone has real damage to their body and which subjects a defendant to 2-10 years in prison and deportation and reduce it to a minor assault that subjects the defendant to no more than 1 year in the county jail and keeps him near his victim. It would mean taking someone with 3 or more drunk driving convictions which subject the defendant to 2-10 years in prison and deportation and reducing it to a misdemeanor which subjects the defendant to no more than 1 year in the county jail and keeps him on our roads. (By the way, illegal immigrants rarely serve a day in prison after a conviction because they are deported almost immediately.)
I'm not always sure what justice requires in these cases.
On the one hand, they are already breaking the law by being here. When you add a felony offense on top of that, perhaps they deserve to be deported. Especially when they are putting the lives of citizens - the lives of your parents, spouses, and children - in danger by driving drunk (and to add insult to injury they are also driving without a license or insurance). There is a right way and a wrong way to enter this country. One respects our laws and one does not.
On the other hand, with Mexico in the mess it is currently in and with the death toll always climbing it is hard to look someone in the face and send them back. On top of that they very often have wives and children here who will not be subject to deportation because the only crime they've committed is being here. I'd have to permanently break up a family. That is heartwrenching.
The law requires convictions and deportations. I have to uphold the law, but it is also the law that says my job is to seek JUSTICE.
What does justice require?
What do you would wish your own public officials would do in these cases? Please comment.
By Ann
ReplyDeleteNice post- I certainly don't know what the answer is but it's nice to see that you understand there is gray area that demands justice and it's not always clear. I wish more prosecutors could understand this and go through the balancing act that you do.
By Shannon
ReplyDeleteThanks, Ann.
Not the answer, but what may help is an easier, less expensive way to become a citizen. People are constantly screaming that these illegal immigrants should come here legally or not at all, but have never taken a moment to realize how lucky they are to have been born here. They never had to do anything to get here and can't see past their own experiences. Perhaps if it was easier to get here, people from Mexico and other Central and South American countries wouldn't pay coyotes to get here, risking death (and for 100% of the women, rape).
ReplyDeleteThis would by no means solve the gray problems that you were talking about (like splitting up families). However, you may solve the problems with licenses and insurance, because as a citizen they would be able to acquire both.
From Shannon: Thank you for such a well-thought out response. Please keep reading.
ReplyDelete