University Daily Kansan, September 22, 1983
Page 11
DA describes present policy as 'outmoded Harper to crack down on use of plea bargaining
By MICHAEL PAUL Staff Reporter
Calling present plea bargaining arrangements unnecessary and outmoded. Douglas County's district attorney said that he would crack down on their use.
Jerry Harper, the district attorney,
said yesterday in a prepared statement
that plea bargaining would no longer be
required in "certain, well-
defined situations."
Harper said that this policy would become effective Oct. 1. After that date, plea agreements that are accepted must be in writing, must include a motion for the plea, and must be filed with the Douglas County District Court.
Harper listed six exceptions to the general rule against ple bargaining:
- Sex crimes and crimes against children.
- Cases in which the testimony of a defendant is essential to the prosecution of another person whose crime presents a greater threat to society than the crime of the first defendant.
- Cases in which the victim refuses to cooperate or the effort does not appear to be warranted in light of the final result.
- Multiple count cases in which the maximum range of sentencing options available to attorneys to be suggested to the Court is for an extended period of time.
- Multiple count cases in which the time to prosecute all the counts is unlikely to produce a result different from a plea to a fewer number of charges. In those cases, the defendant
will always be expected to plead to at least three counts.
- Check fraud and traffic cases
*Check fraud.* Harper said that he had been considering policy like this even before he became district attorney. In making the decision, he stated that one example he relied on was Alaska's decision to eliminate most plea bargaining. He said that in four years the number of cases in which defendants pleaded guilty remained the same and the number of jury trials only increased slightly. Also, he said, the conviction rate for cases going to trial increased
But John Chappell, a defense attorney, said that conviction rates could stay the same, because the defendants were be charged with the maximum count.
Chappell said that a system of abolishing plea bargaining was good and bad.
HE FAVORED HAVING plea agreements put in writing, because that would eliminate any misunderstandings about the agreement.
Chappell said that he hadn't had any difficulty negotiating agreements with the bank.
"But there have been times when I dealt with other prosecutors that I've wished I had agreements etched in granite."
He said, however, that as a result of the new policy a case that might be appropriate for plea bargaining could go to trial not because everyone agreed it should go, but because the case did not fit into one of the six exceptions.
Harper said in his statement that if any new information was received that demonstrated a need for changes in the original charges, a written motion to change the charges should be filed with the court.
Block says line must be drawn on drought relief
By United Press International
WASHINGTON — In a year of high spending on farm programs, the government must draw the line on pumping more federal money into drought relief, Agriculture Secretary John Block told Congress yesterday.
Members of the House Agriculture Committee, however, are insisting on more drought relief, especially for livestock producers who did not benefit from the drought. They argue whose pastures were withered in the heat — forcing them to buy more feed.
BLOCK, NOTING THE drought is the worst in 50 years, nevertheless told legislators that "the line needs to be drawn. We've never had this kind of money flow from the federal treasury to agriculture before."
He said he would like to give out more money, and free commodities to farmers, but warned that spending too much on agriculture could jeopardize future agricultural programs.
"We're not going to make everyone happy, unfortunately," he said.
He estimated agricultural programs will cost $21 billion this year. The Congressional Budget Office has put the cost at $19.9 billion.
Block declined to estimate the cost of the payment-in-kind program that provided commodities to farmers who cut back acreage. The cost, plus up in budgets for future years, has been estimated at a minimum of $12 billion.
SOME FARMERS WHO took part in the payment-in-kind program and federal crop insurance will make more money than if they had produced a crop of wheat. A number of officials said. Others, whose crops were spared from the drought or who had
crop reserves to sell, will benefit from high prices.
For producers helped by neither program, the administration is relying on emergency disaster loans made by the Farmers Home Administration. For farmers who cannot get credit elsewhere, the interest rate will be 8 percent. For farmers who can get credit, the rate will be 13.75 percent.
In most cases, farmers who receive loans will have to sign up for federal crop insurance in future years, officials said.
Rep. Edward Madigan, R-III., ranking Republican on the committee, warned Block that a move in Congress to add drought relief in Texas would spending bill might take the issue out of the hands of the administration.
SOME LAWMAKERS. ES-
PICIALLY from Texas, asked block to
provide government-owned feed for hard-pressed ranchers.
Block said he could not provide feed for Texas without making it available for the entire nation. But Kep Charles, a professor at Temple University, could be targeted to groups that need it.
Taking a shot at grain sales to the Soviet Union, Rep. James Weaver, D-Ore., said Americans should "not supply the Soviet military machine with our precious grain but give it to our livestock producers."
Other legislators asked Block to reinstate a program that would help pay livestock feed costs; to make crop insurance for retirees; to farm sign up for insurance in future years.
Block said retroactive crop insurance would be like giving insurance to a person after his house burned down, but he promised to take a closer look at that concept.
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Bush blames Soviet leaders for East-West split in Europe
By United Press International
VIENNA, Austria — Vice President George Bush, belitting the Soviet Union as unicivilized, blamed Moscow yesterday for the East-West division of Europe. It adjudged that European countries that strapped from the Kremlin's line.
Moscow dismissed the Bush statements as "hypocrisy and lies" and accused Washington of violating international norms of people at home and abroad.
Tass made no comment on the U.S. pledge of support for independence of the Soviet line.
'IT IS WASHINGTON that grossly flutts the rights and freedoms of people in the world arena by interfering in the affairs of other countries, violating others' borders, proclaiming a crusade against the social system chosen by the peoples of socialist countries.' said a statement issued by Tass, the official Soviet news agency.
Bush, before flying home to Washington after a tour that included stops in Hungary and Romania, specifically praised the two Warsaw-pact countries for their independent policies.
In a speech sponsored by the Austrian Association for Foreign Policy and International Relations, Bush denied that the Yalta conference with Winston Churchill and Joel Stalin at the end of World War II had divided the continent into "spheres of influence." Instead, he blamed
the split on Soviet distortions of the Yalta accords.
"We recognize no lawful division of Europe." Bush said.
He also said the United States rejected "the notion ... that the Helsinki accord endorses the status quo, the present division of Europe."
OPENLY WOOGING. East Bloc countries, Bush said: "We are ready to respond to each to the extent that they are meeting their own people's aspirations, are pursuing their own, independent foreign policy and are willing to open up to the rest of the world."
He singled out Hungary, which follows Soviet foreign policy but has a liberal domestic and economic system, and Romania, which has a stronger rights record but sometimes takes an independent foreign policy.
He stressed that Washington "does not seek to destabilize or undermine any government" and is "not saying that countries must follow policies identical to those of the United States."
"THE UNITED STATES will engage in closer political, economic and cultural relations with those countries such as Hungary and Romania which assert greater openness or independence," Bush said.
But, he said, "We will not reward closed societies and belligerent foreign policies — countries such as Bulgaria and Czechoslovakia, which continue to flagrantly violate the most fundamental human rights."
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