Oklahoma Prosecutors Ensuring Fairness & Accountability
Editor’s note: This guest column was first published in the Tulsa World on September 27, 2024
by District Attorney Jack Thorp, president of the Oklahoma District Attorneys Association
Protecting the rights of the accused is a basic part of a prosecutor’s job, though it’s not often discussed. When people commit crimes, our responsibility isn't just to win convictions; it's to work to make sure that justice is served.
Oklahoma's district attorneys have taken action to help survivors of domestic abuse, who are also criminal defendants, understand what is happening as they move through the legal process. Following the recent implementation of the Oklahoma Survivors' Act (Senate Bill 1835), we began providing an acknowledgment form that demonstrates defendants understand the consequences of their actions.
What does this accomplish? This straightforward document prevents possible confusion while in court. The Oklahoma Survivors’ Act provides a separate punishment range for previous victims of domestic abuse who meet statutory criteria. The defendant has the right to know about this range of punishment, and it is the role of a district attorney to ensure that a plea is knowingly and voluntarily made.
For eligible defendants, the acknowledgment form ensures they have knowledge of what is provided by the Oklahoma Survivors’ Act. For those not eligible, we file the acknowledgment form at the time of a plea. This prevents manipulative criminals from attempting to corrupt the intent of the act by trying to claim its protections later on.
This follows precedent regarding transparency and disclosure for criminal defendants in other situations. For example, the U.S. Supreme Court ruled in the 2010 Padilla v. Kentucky decision that defendants who are illegal immigrants must be told in advance about the potential immigration effects of a conviction. Prosecutors routinely use an acknowledgment form in those cases.
While legal procedures can often seem complicated, consider an analogy: in business settings, when individuals sign a contract, they're required to understand terms and conditions. Similarly, police officers issue Miranda warnings before questioning as a way of making sure criminal suspects understand their rights.
The same idea applies here. While some have misinterpreted this step as "waiving" a defendant's rights under new Oklahoma law, that's not the case at all. Instead, it is a necessary step to secure rights and guarantee accountability from all sides.
Our job is to help keep the public safe and prosecute crimes fairly. We will continue to work with lawmakers and the public to implement the Oklahoma Survivors Act. As always, we are committed to serving our communities, upholding the law, and protecting the rights of every citizen.
District Attorney Jack Thorp (District 27) serves Adair, Cherokee, Sequoyah, and Wagoner counties. He is the chair of the Oklahoma District Attorneys Council and president of the Oklahoma District Attorneys Association.
