DON'T LIMIT PLEA BARGAINS

What is U.S. Attorney General John Ashcroft's answer to overcrowded
prisons? More prisoners! Well, that is not precisely how Ashcroft
would put it. You have to connect the dots.

Last week, Ashcroft directed federal prosecutors to go for the limit
on charges and penalties in criminal cases and to limit the use of
plea bargains. The directive still allows plea bargains in certain
cases, but they would be more closely tied to actions by defendants.
For example, in order to cop a plea, a defendant might have to
guarantee that he will cooperate in an ongoing investigation or become
an informant.

Further details of the new guidelines will be forthcoming. But
Ashcroft's stated aim is to ensure that equal justice is pursued
nationwide by U.S. attorneys.

Read that: Equal justice according to Ashcroft.

Making plea bargains more difficult is exactly what prosecutors don't
need. Plea bargains often are the only thing that prevents court
dockets from becoming completely unmanageable.

Current guidelines give federal prosecutors far more flexibility in
determining which charges to bring based on the facts of individual
cases. And that is as it should be. Those directly involved in the
case, who know the facts about the crime and the defendant, and who
are in the best position to judge the strength of their cases, are the
ones who should determine whether a plea bargain is
appropriate.

Ashcroft's order, which amounts to a "one size fits all" template for
all cases, will be a hardship for prosecutors trying to see that
justice moves not only fairly but also swiftly. Clearly, it will
result in more people going to jail.

While Ashcroft's directive affects only the federal criminal system,
it is worth noting that South Carolina's prisons are overflowing. As
Ashcroft was issuing his order, S.C. Corrections Department Director
Jon Ozmint was telling members of a legislative prison reform task
force that his agency plans to ask the General Assembly for about $50
million more next year to handle the increasing prison population.

The state now has 24,290 inmates in 29 prisons, almost 1,000 over its
capacity. Prison officials project almost 31,000 inmates by 2007, when
"truth in sentencing" and other mandatory sentencing laws reduce the
number of inmates released. Those laws also handcuff attorneys and
judges, limiting their ability to use discretion in handling different
cases.

This state needs to find workable alternatives to incarceration, not
ways to ensure more prisoners. And the same is true of the federal
criminal system, whose prisons also are packed, in many cases with
non-violent, low-level offenders.

Ashcroft is pandering to those who think the only solution to crime is
locking up more people and throwing away the key. But it is evident by
now that this approach is neither effective nor affordable.

Prosecutors should be given the latitude they need to do their jobs.
Ashcroft should stop posturing.