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I still haven't figured out why "well it's just a misdemeanor" means the justice system totally gives up on that type of crime. Everybody discussing Prop 47 tal

by zten 7y ago

I still haven't figured out why "well it's just a misdemeanor" means the justice system totally gives up on that type of crime. Everybody discussing Prop 47 talks about this like this is an obvious thing to assume. It still looks to me like crime is being committed -- I certainly wouldn't go and commit it, anyway, because it feels like it should have very real repercussions.

Kalium 7y ago
Elected prosecutors want to posture for the next election. Their incentives are around garnering popularity. When most voters mentally translate "misdemeanor" into "minor thing not worth worrying about", it isn't always a good look to go after those who may have committed them. Police notice what isn't prosecuted. They don't enjoy the experience of wasting their time arresting people repeatedly for deeds that the prosecutor doesn't care about. Then there's stuff like this: > “In an era where our streets are filled with homeless people looking for shelter from the elements this expansion of the prosecution and incarceration time for individuals who have not damaged a locking mechanism of the vehicle to gain entry could negatively impact those with the least of means,” the public defenders said in a letter to lawmakers. Prosecuting those with the least of means for anything less than heinous, violent crimes also isn't a good look.
- azinman2 7y ago
  > Prosecuting those with the least of means for anything less than heinous, violent crimes also isn't a good look. So therefor just because you’re homeless you’re free to steal? That’s total BS, and also rots society. The bigger problem is nothing is being done to make prisons better, or to address the deficiencies that allow people to become homeless in the first place.
jlmorton 7y ago
Exactly. What's important in deterring crime is not just the length of the sentence. It's the likelihood of being caught and punished. I don't necessarily want to lock people up for petty theft. But I do want them to face some sort of punishment, even community service, with follow-up and escalating punishments if the community service is not completed. If the implication is that we were prosecuting these crimes before Prop 47, them we can still prosecute every one of them, we just don't need to charge them as felonies.
klyrs 7y ago
> I still haven't figured out why "well it's just a misdemeanor" means the justice system totally gives up on that type of crime Depends on the misdemeanor. Feds are clamoring to deport folks for the misdemeanor of illegal immigration.

by zten 7y ago

Kalium 7y ago

Elected prosecutors want to posture for the next election. Their incentives are around garnering popularity. When most voters mentally translate "misdemeanor" into "minor thing not worth worrying about", it isn't always a good look to go after those who may have committed them. Police notice what isn't prosecuted. They don't enjoy the experience of wasting their time arresting people repeatedly for deeds that the prosecutor doesn't care about. Then there's stuff like this: > “In an era where our streets are filled with homeless people looking for shelter from the elements this expansion of the prosecution and incarceration time for individuals who have not damaged a locking mechanism of the vehicle to gain entry could negatively impact those with the least of means,” the public defenders said in a letter to lawmakers. Prosecuting those with the least of means for anything less than heinous, violent crimes also isn't a good look.

azinman2 7y ago
> Prosecuting those with the least of means for anything less than heinous, violent crimes also isn't a good look. So therefor just because you’re homeless you’re free to steal? That’s total BS, and also rots society. The bigger problem is nothing is being done to make prisons better, or to address the deficiencies that allow people to become homeless in the first place.

jlmorton 7y ago

Exactly. What's important in deterring crime is not just the length of the sentence. It's the likelihood of being caught and punished. I don't necessarily want to lock people up for petty theft. But I do want them to face some sort of punishment, even community service, with follow-up and escalating punishments if the community service is not completed. If the implication is that we were prosecuting these crimes before Prop 47, them we can still prosecute every one of them, we just don't need to charge them as felonies.

klyrs 7y ago

> I still haven't figured out why "well it's just a misdemeanor" means the justice system totally gives up on that type of crime Depends on the misdemeanor. Feds are clamoring to deport folks for the misdemeanor of illegal immigration.