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Will Perkinson's comments:
I disagree with the idea that we should increase the category of official misconduct to a felony.
Prosecutors already have too much leverage when it comes to charging suspects. I am a lawyer (in Umatilla County), and regretably there are times where the potential consequences of trying a case to a jury are astronomical. The consequences are severe because of the number of felonies already on the books and the mandatory minimum sentencing schemes. From a risk-analysis perspective, it can be an unwise choice to proceed to trial - even when there is a sound defense.
For people facing official misconduct charges, the threat of a misdemeanor is sufficiently severe. Many of them have careers in public service and no criminal record.
This is not a "loophole," and it does not need to be fixed.
posted 2 years, 7 months ago
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