Court handles repeat felons
Two new courts
will process repeat offenders in an effort to streamline
criminal justice.
BY SUSANNAH A. NESMITH
snesmith@MiamiHerald.com
They are the worst of the county's criminals,
the handful of men and women who have been arrested over and
over again and convicted repeatedly for murders, robberies and
rapes.
Some believe they are unreformable, and
statistics show they account for a disproportionate number of
the crimes committed countywide.
But legally, on this day, in this court, on
this charge, they are innocent until proven guilty.
And there's the rub. Critics of Miami-Dade's
new Repeat Offender Court, which started last week, worry it
will stigmatize some defendants as hardened thugs. Prosecutors,
judges and law enforcement insist that won't be the case. And
they hail the new court as the best way to move cases along
faster.
The judges in ROCourt, as it's already being
called in courthouse circles, will have lighter caseloads and be
able to devote all their time to the complicated cases of career
criminals. Meanwhile, those cases won't bog down other judges.
''They're usually the worst of the worst, and
they're looking at severe penalties so there's absolutely no
incentive for them to go to trial,'' Miami-Dade State Attorney
Katherine Fernández Rundle explained. ``So delay becomes their
objective. Our objective, for our victims, for our witnesses,
for the integrity of the case, is to get them to trial.''
Circuit Judges Jorge Jimenez and Peter Lopez
both expect to be doing a lot of trials.
''A lot of these defendants have been waiting
a long time for trial,'' Jimenez said last week. ``Some of these
cases are three years old. Hopefully, we'll be able to
accelerate those cases.''
Several other counties, including Broward,
already have similar courts, and the state Supreme Court has
upheld them as constitutional.
The idea of a career criminal court has been
knocking around the Miami-Dade courthouse for years. In 1996, a
grand jury urged the county to implement one, in part, because
it would save money.
''While these cases remain pending, the
defendants are in our local jail, while Dade County's taxpayers
bear the costs of their incarceration,'' the jurors wrote.
Back then, the county spent $72.75 a day to
house a prisoner. Today, the average cost is $83 a day.
'OUTSTANDING' IDEA
Miami police Chief John Timoney called the
idea ''outstanding'' because he hopes it will get more of the
county's worst criminals off the street.
''We know for a fact, that if you can get them
off the streets, you're going to really dip into the crime
rates,'' Timoney said. ``They commit a disproportionate number
of the crimes.''
But Public Defender Bennett Brummer said these
defendants deserve a fair trial, even if they have been in
trouble before. And he worries they won't get one in the new
court.
''There is no legitimate reason to create a
specialty court to handle repeat offender cases that are exactly
the same as those handled in all of the other felony courts,''
he said.
Unlike the existing drug court, the new court
does not provide judges with enhanced sentencing powers or
defendants with enhanced opportunities for treatment and
rehabilitation.
He worries his clients will be labeled bad
guys because of their pasts, even though those prior crimes
can't legally be brought up in trial, in most cases.
But Fernández Rundle said her office, which
will decide who ends up in the new court, is using a fairly
simple formula that applies to anyone with the right type and
amount of prior convictions.
And Circuit Judge Stanford Blake, the chief
administrative judge for the criminal courts, insisted that
jurors won't know they're in ROCourt.
'When jurors come to the court, we're not
going to be saying to them, `You're going to be trying a case in
ROCourt,' '' he said. 'There's no neon light outside the
courtroom that says, `You're entering the ROC zone.' ''
Blake, himself a former defense attorney, said
he felt defense attorneys should be happy with the new division
because it's an effort to get their clients through the system,
and if they're innocent, out of jail -- faster.
RACISM CONCERNS
Brummer is skeptical, however. Most of all, he
worries the new division is inherently racist.
''In nearly three-quarters of the selected
cases, the defendants are black,'' he said. ``In contrast, about
50 percent of the defendants in the rest of the felony courts
are black.''
Brummer acknowledged that higher courts have
already ruled that it's not a valid legal argument. Brummer says
it's a moral one. But with ROCourt already up and running, he's
lost that argument, too.
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