Hypothetical scenario:
Defendant is falsely accused of violation of Louisiana R.S. 14:81(H)(2).
Alleged incident was a misunderstanding – juvenile entered unlocked bathroom in a church hall while defendant was urinating and accidentally viewed defendant’s exposed genitals.
Juvenile later tells parents that he saw defendant’s “wee wee.” Parents make assumptions from there and contact police.
Police arrest defendant and he is charged with single count of violation of La. R.S. 14:81(H)(2). Per testimony of the juvenile, guided by his parents, the state obtains a factual basis for the bill of information.
Because the state’s evidence is solely based on the testimony of a sympathetic juvenile, and because he matches certain stereotypical characteristics of sexual offenders, defendant believes his chances of convincing a jury of his innocence and winning at trial are slim to none. Essentially it is his word against the victim’s.
Due to the nature of the offence, defendant believes that substantial prejudice in civilian life will not permit him to return to free society. He believes that employment, housing, transportation, and other services will be denied or greatly restricted even if acquitted. He is fully aware of the onerous post-release restrictions imposed on convicted sex offenders.
Defendant believes that a long prison sentence will avoid these problems. He is aged 45, so a sentence of two decades or more would constitute an effective life sentence. He has ongoing health issues, which he believes if left untreated will cause his death sometime within the next two decades.
The maximum sentencing range for this crime per statute is 25 years. Defendant believes that a 25-year sentence will ensure he is protected from societal prejudice (even if unjustified) and keep him incarcerated until his natural death. He rationalizes it is better to endure prison, where at least you have food and shelter, than the most realistic alternative of a tent in the woods.
Defendant does not want his attorney to present mitigating factors or exculpatory evidence. He wishes to plead guilty without proceeding to trial. His attorney may even agree, given the circumstances, that this is the best option. The hard part will be to convince counsel of his desire for a long sentence.
The defendant is not making a point of his factual innocence to anyone – state, defence counsel, or court. That would complicate matters.
Defendant prior to arrest was gainfully employed, had a clean criminal record, long history of consistent full-time employment, was financially stable, and a homeowner. He is 45 years old, white male, unmarried, with postgraduate degree. He has never been previously accused of a crime. He has never been adjudged mentally unstable or spent time in a mental institution. He has an introverted personality and few friends. His family rejected him decades ago due to his ‘odd’ personality. He considers himself to be a narcissistic sociopath due to a lack of empathy toward others. However, he has never actively harmed others; he is just regarded as quiet and a bit of an oddball. One might say he is on the ‘spectrum.’ His employment record is exemplary.
Defendant reckons that to make an open guilty plea to the court presents too much risk to his plan, because judges typically do not impose the maximum sentence for a first offence where there was no prior history of criminal or deviant behaviour. He considers the best option is to go directly to the prosecutor and arrange a deal. Under Louisiana law, judges are required to honour binding plea agreements between the state and defendants. If he (or his lawyer, if he finds one who is willing) can convince the prosecutor to accept a binding agreement for a 25-year sentence in exchange for a guilty plea, no trial, and the victim not having to testify in open court, his plan is complete.
Of course, this is contingent on the prosecutor’s willingness to entertain such a deal. Some prosecutors are happy to take the easy win; others might wonder what the hell is up; others might believe a 25-year sentence for a first offence is ridiculous and/or a has high risk of being overturned on appeal. Therefore, the defendant must ensure that the prosecutor is made aware of aggravating factors which would merit a longer sentence.
Methods that he may use to convince the prosecutor and/or judge to accept a longer sentence would be to state that he is a public safety risk and that he has a high likelihood of reoffending; to volunteer his belief that he is a narcissistic sociopath who cannot exist in normal society; to state that he has committed the same type of crime before but was undetected; to state that he does not feel genuine remorse for the crime despite knowing it was wrong; and to state that he does not believe he is amenable to treatment or community supervision. He would prefer not to lie or exaggerate, but in life there are tradeoffs. Most definitely, he does not state his real reasons as described above. He understands that the judicial system does not take kindly to defendants who view prison as free housing.
If the prosecution accepts the binding agreement, then the rest is a fait accompli. At arraignment, the guilty plea is rendered, the defendant performs the Boykin colloquy flawlessly and accepts the factual basis for the plea, the judge accepts the guilty plea and pronounces the 25-year sentence, and he is sent away.
Is this a plausible scenario?