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Justice For Thee But Not For Me...

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  • Originally posted by Sparko View Post
    I 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 think he just ignores that because it doesn't fit his worldview.
    The first to state his case seems right until another comes and cross-examines him.

    Comment


    • 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 Post
      I 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"

      Comment


      • Originally posted by Cow Poke View Post
        I think he just ignores that because it doesn't fit his worldview.
        And 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?

        Comment


        • Originally posted by Sparko View Post
          And 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?
          Liberals tend to think only in terms of what they imagine will happen, with no real world experience in how people react. This is the kind of crap that would embolden others like Michael Brown to walk into the store, grab the merchandise they want, and walk out without paying, just daring anybody to stop him.

          (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.

          Comment


          • Question --- when has any of this jackass liberal social engineering ever made things better? Look at the cities that have long been run by the liberals. Do we really need more of that?
            The first to state his case seems right until another comes and cross-examines him.

            Comment


            • Originally posted by Cow Poke View Post
              Question --- when has any of this jackass liberal social engineering ever made things better? Look at the cities that have long been run by the liberals. Do we really need more of that?
              But the love and compassion!

              Comment


              • Originally posted by Sparko View Post
                But the love and compassion!
                It's all about feelings over substance!
                The first to state his case seems right until another comes and cross-examines him.

                Comment


                • 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

                  Comment


                  • 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"

                    Comment

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