Starting next summer, the criminal justice system in Virginia will see a major change in how criminal trials work and what kind of plea deals are offered.
One of the most significant developments to come out of the special session this fall is that defendants in criminal cases will now have the option to have judges sentence them after a jury trial. No longer will defendants in jury trials be forced to accept jury sentences, which critics say are overwhelmingly harsh.
Senator Joe Morrissey is a Democrat from Richmond who fought to make this happen, and he says it will not only change how trials happen, but what kind of plea deals are offered.
"A defendant is charged with crime A, and the sentencing guidelines come back between one and three years, and the prosecutor offers six years, and he says, 'Oh by the way, if you don't take it we demand a jury trial and jury sentencing.' A defendant is often forced to accept a plea that is not fair," he explains. "This changes it."
Most cases never go to trial because defendants accept plea deals. That's why Virginia legal expert Rich Kelsey says this change will significantly alter what kind of plea deals are offered at your local courthouse.
"This certainly will take a few years to kind of work out where it's going to go," Kelsey says. "But it does fundamentally change the equation, and it does take a pretty strong lever away from prosecutors who are trying to play hardball with respect to a plea agreement."
Morrisey says he expects the governor to sign the bill without adding an amendment. If the governor signs it, the change will be effective starting July 1 of next year.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
