Steve Lewis served as Speaker of the Oklahoma House of Representatives from 1989-1991. He currently practices law in Tulsa and represents clients at the Capitol.
There's a growing consensus that "criminal justice reform" should be an important part of the change we need in Oklahoma. It would free up funds for other priorities like mental health and education. It would blunt the need for new spending for prisons. And it would stop the needless disruption of the lives of thousands of offenders whose families — and society — would be better served by their remaining in the community for treatment or rehabilitation.
Since criminal justice reform, by definition, deals with legal issues, it can get complicated. Some who are currently part of the justice system see it as working for them, so they resist change. Those who want change aren't always sure what it will take to reach the goals they want. Conflict and confusion are the result. For the past four years, despite strong efforts by citizens, advocates, experts, legislative leaders and the governor, progress has been slow. Here are some suggestions that would yield both immediate and long- term results.
The legislature should make retroactive changes that have reduced previously existing penalties. This would immediately reduce sentences for people who are serving sentences that are no longer lawful if the same offense were committed today. Some of these were changed by vote of the people while other penalties were reduced by the Legislature recognizing their constituents' desire to rely less on lengthy incarcerations. Retroactivity would also erase felony convictions for people convicted of felonies that would today be a misdemeanor, giving them the chance to live and work as non-felons.
The Legislature should give juries the opportunity to recommend probation when they find an offender guilty. Incredibly, in Oklahoma, to get probation offenders must plead guilty and agree to the sentence recommended by the District Attorney or essentially throw themselves on the mercy of the court by either pleading guilty or waiving a jury trial. Between 90 percent and 95 percent of cases are plea bargained.
Oklahoma is one of only four states in which the jury cannot consider a probationary sentence, and we are the ONLY state in which the jury returns both its finding of guilt or innocence and its sentence at the same time with no chance to consider mitigating circumstances. This Oklahoma law causes most rational defendants to realize they cannot chance going to trial and results in tremendous leverage for prosecutors that can result in lengthy incarcerations.
Another barrier to both fairness and public safety — and more temperate use of prison sentences — is lengthy pretrial incarceration. Pretrial confinement should be used either to protect the public from dangerous offenders pending trial or to insure an offender will show up in court. Instead, with money bail, we have a get-out-of-jail card for those who can afford it. Those who can't are stuck in jail until they are forced to reach a plea deal with the District Attorney. It's either make a deal or spend months in jail waiting for trial. Other states are passing bail reform, and Oklahoma should do the same.
The post Three priorities for criminal justice reform (Capitol Update) appeared first on Oklahoma Policy Institute.
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