Welcome to TBO.com. =
Skip directly=20
to: our=20
Keyword Search, Section=20
Navigation, Content.=20
![](3D"http://media.tbo.com/assets/_topnav/tbologo252x90.gif")
![3D"WFLA](3D"http://media.tbo.com/assets/_topnav/wflalogo.gif")
![3D"The](3D"http://media.tbo.com/assets/_topnav/tampatriblogo.gif")
![3DCentroTampa.com=20](3D"http://media.tbo.com/assets/_topnav/centrologo.gif")
TBO.com - Tampa Bay Online
![3D"Email](3D"http://media.tbo.com/assets/_shared/icons/envelope/envelope_24.gif=){kind=icon}
Email TBO >
Offenders like McTear can slip through system
ADVERTISEMENT
=20
=20
=20
Published: May 6, 2009
Bobbi Flowers, a professor at the Stetson University College of Law, = said=20 small-time offenders with rap-sheets like Richard A. McTear's can = present a=20 problem to prosecutors and judges.
She said that with constantly shrinking resources, such offenders = more=20 frequently end up plea-bargaining for probation or other = less-restrictive=20 sentences.
"Plea bargaining will sometimes allow them to skate through the = system," she=20 said.
McTear, who in the past has been on probation for battery and drug = charges,=20 is accused of beating his ex-girlfriend, throwing then taking her son, = then=20 tossing him out of his vehicle onto Interstate 275.
Many such offenders commit a variety of crimes, Flower said. "It = keeps them=20 from falling to the repeat offender classification in the sentencing=20 guidelines."
Wayne Logan, a professor at the Florida State University College of = Law, said=20 such offenders often don't commit the type of serious offense that gets = them=20 serious jail time.
"A lot of folks are just cycling in and out of the criminal justice = system,"=20 he said. "It is a pretty common situation."
Flowers said prosecutors are always weighing whether a particular = defendant=20 is worthy of a break.
"They have to try to anticipate whether this is a guy or gal who has = learned=20 their lesson or are they the guy or gal who the next time is going to = throw the=20 baby out the window," she said. "It is difficult to anticipate future=20 behavior."
Logan said the sheer number of offenders raises the bar for deciding = who=20 should get the limited cell space.
"You can't put everyone behind bars," he said.
Flowers also said domestic violence offenders present other problems. = She=20 said the victims in such case often waffle and it is difficult to = prosecute with=20 a reluctant or non-cooperating witness.
Flowers said domestic abusers also tend to pick out partners that are = similar=20 to their prior victims, perpetuating a similar cycle of violence.
Nikki Daniels, executive director of Tampa's Family Justice Center, = said=20 prosecutors should press forward in certain cases, even if the victim = backs=20 out.
"Clearly the victim has a clear idea how violent her abuser is," she=20 said.
Daniels said such prosecutors are very difficult, but can be = done.
She said domestic violence victims shouldn't be criticized when they = fail to=20 show up at injunction hearings or choosing not to seek such = protection.
"It is just a piece of paper," she said. "It is more likely to make = [the=20 abuser] more angry and more abusive."
Daniels said injunctions work with people who respect the law, but = are fairly=20 useless against those who don't.
![3DLoading=20](3D"http://media2.tbo.com/images/loading_bar.gif")
=20
![3D"Print](3D"http://media.tbo.com/assets/_shared/icons/printer/printer_24.gif"){kind=icon}
Print ![3D"XML](3D"http://media.tbo.com/tbo/graphics/shared/xml.gif")
![3D"Media](3D"http://cssimages.tbo.com/shared/mglogo_80x35.gif")
![3DKewlBox=20](3D"http://cssimages.tbo.com/shared/kewlboxlogo_100x20.gif")
TBO.com - Tampa Bay Online =
IYP and SEO vendors: SEO by eLocalListing | Advertiser =
profiles
Share This Story =
With A=20
Friend
Oops! Your email could not be =
sent=20
because of the following errors:
Offenders like McTear can slip =
through=20
system
* Please separate multiple =
email=20
addresses with commas.
| * To: | |
| Your Name: | |
| Your Email Address: | |
| Personal Message [optional]: | |
Print This Story
Offenders like McTear can slip =
through=20
system