Originally posted by Sparko
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Justice For Thee But Not For Me...
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By all means, active reading. For one, "unless supervisor permission is obtained" clearly suggests that extenuating circumstances apply to all decisions. As does the clause "Thus, there will be an avenue for prosecuting these misdemeanors when necessary but it will be appropriately overseen by experienced prosecutors."
That would, for proficient readers, indicate that Rollins is following what's pretty common in the literature at this point -- that prosecution of certain petty offenses is leading to ineffective and unnecessary strain on offenders and the state alike -- and not "this stupid DA is going to stop prosecuting shoplifting and trespassing".
--Sam
Originally posted by Sparko View PostI gave you the list Sam. "Some active reading might be in order."
Charges for which the Default is to Decline Prosecuting:
Trespassing
Shoplifting (including offenses that are essentially shoplifting but charged as larceny)
Larceny under $250
Disorderly conduct
Disturbing the peace
Receiving stolen property
Minor driving offenses, including operating with a suspend or revoked license
Breaking and entering — where it is into a vacant property or where it is for the purpose of sleeping or seeking refuge from the cold and there is no actual damage to property
Wanton or malicious destruction of property
Threats – excluding domestic violence
Minor in possession of alcohol
Drug possession
Drug possession with intent to distribute
A stand alone resisting arrest charge, i.e. cases where a person is charged with resisting arrest and that is the only charge
A resisting arrest charge combined with only charges that all fall under the list of charges to decline to prosecute, e.g. resisting arrest charge combined only with a trespassing charge
Instead of prosecuting, these cases should be (1) outright dismissed prior to arraignment or (2) where appropriate, diverted and treated as a civil infraction for which community service is satisfactory,
This means that someone can shoplift with impunity or commit larceny up to $250."I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"
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Originally posted by Cow Poke View PostI think he just ignores that because it doesn't fit his worldview.
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Originally posted by Sparko View PostAnd the thing is, even if the intent is to let it go once but prosecute if it becomes a habit (no real indication of that other than Sam's imagination) - in practicality, it would not happen, because the effect of the default being "do not prosecute" would mean that the police wouldn't even bother showing up, so how would there be a record of them making a habit of it?
(by the way, there's a new narrative on the Michael Brown thing - that he didn't really shoplift, but was trading a small bag of marijuana for the blunts he stole, then handed the blunts back across the counter for safe keeping in a pre-negotiated deal )The first to state his case seems right until another comes and cross-examines him.
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Originally posted by Sparko View PostBut the love and compassion!The first to state his case seems right until another comes and cross-examines him.
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This thread demonstrates why we have trials..."He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot
"Forgiveness is the way of love." Gary Chapman
My Personal Blog
My Novella blog (Current Novella Begins on 7/25/14)
Quill Sword
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That's the end of that: BMC judged erred in trying to 'deny' nolle prosequi, Massachusetts Lawyers Weekly, 2019.09.09"I wonder about the trees. / Why do we wish to bear / Forever the noise of these / More than another noise / So close to our dwelling place?" — Robert Frost, "The Sound of Trees"
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