Wed Sept 5 2001
Washington Legislature Raises Stakes in Sex Prosecutions
The Washington Legislature has restored indeterminate sentencing for sex offenders.
Anyone convicted in Washington State of a sex offense committed after August 2001 will be sent to prison with both a minimum and a maximum term. The minimum term will be the sentence the judge would have given under determinate sentencing. The maximum term will be the statutory maximum for the offense-life in prison in the case of Class A felonies. The Indeterminate Sentence Review Board will decide just when the offender leaves prison.
Criminal defense lawyers have denounced the law as risking "more Wenatchees--" a reference to the epidemic of apparent convictions of the innocent that swept through Wenatchee, Washington in the mid-1990's. Many of the Wenatchee defendants chose plea bargains rather than trial partly because they could have been sentenced to decades in prison if convicted at trial.
Under the new law, defendants in many sex cases will risk life in prison if they reject offers to plead guilty to reduced charges. Critics of the law expect many innocent defendants to find such offers irresistible.
Copyright © 2003 David S. Marshall