• California Fucks Up. Passes Proposition 47.
    24 replies, posted
It has some good, but it comes with a terrible con. Overview of Prop 47: [quote] Criminal Sentences. Misdemeanor Penalties. Initiative Statute. Requires misdemeanor sentence instead of felony for certain drug possession offenses. Requires misdemeanor sentence instead of felony for the following crimes when amount involved is $950 or less: petty theft, receiving stolen property, and forging/writing bad checks. Allows felony sentence for these offenses if person has previous conviction for crimes such as rape, murder, or child molestation or is registered sex offender. Requires resentencing for persons serving felony sentences for these offenses unless court finds unreasonable public safety risk. Applies savings to mental health and drug treatment programs, K–12 schools, and crime victims. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: Net state criminal justice system savings that could reach the low hundreds of millions of dollars annually. These savings would be spent on school truancy and dropout prevention, mental health and substance abuse treatment, and victim services. Net county criminal justice system savings that could reach several hundred million dollars annually.[/quote] [quote]Wobbler Sentencing. Under current law, some crimes—such as check forgery and being found in possession of stolen property—can be charged as either a felony or a misdemeanor. These crimes are known as “wobblers.” Courts decide how to charge wobbler crimes based on the details of the crime and the criminal history of the offender. Proposal This measure reduces penalties for certain offenders convicted of nonserious and nonviolent property and drug crimes. The measure also allows certain offenders who have been previously convicted of such crimes to apply for reduced sentences. In addition, the measure requires any state savings that result from the measure be spent to support truancy (unexcused absences) prevention, mental health and substance abuse treatment, and victim services. These changes are described in more detail below. Reduction of Existing Penalties This measure reduces certain nonserious and nonviolent property and drug offenses from wobblers or felonies to misdemeanors. The measure limits these reduced penalties to offenders who have not committed certain severe crimes listed in the measure—including murder and certain sex and gun crimes. Specifically, the measure reduces the penalties for the following crimes: Grand Theft. Under current law, theft of property worth $950 or less is often charged as petty theft, which is a misdemeanor or an infraction. However, such crimes can sometimes be charged as grand theft, which is generally a wobbler. For example, a wobbler charge can occur if the crime involves the theft of certain property (such as cars) or if the offender has previously committed certain theft-related crimes. This measure would limit when theft of property of $950 or less can be charged as grand theft. Specifically, such crimes would no longer be charged as grand theft solely because of the type of property involved or because the defendant had previously committed certain theft-related crimes.[/quote] [url]http://www.voterguide.sos.ca.gov/en/...7/analysis.htm[/url] [url]http://www.utsandiego.com/news/2014/...election-drug/[/url] [url]http://www.huffingtonpost.com/2014/1...n_6070654.html[/url] A win for the legalization of marijuana. The issues are going to rise are with the changes in theft. Specifically: [quote]This measure would limit when theft of property of $950 or less can be charged as grand theft. Specifically, such crimes would no longer be charged as grand theft solely because of the type of property involved or because the defendant had previously committed certain theft-related crimes.[/quote] Theft of firearms are now misdemeanors as long as they dont exceed $950 in value. Before this, there was a PC section dealing with firearms, but because they get rid of the wobbler sentencing they are looking at the value of the goods stolen instead of what was stolen. A stolen firearm worth $450 will get the same punishment as $450 stolen in candy. Additionally, that theft rule applies to credit card theft, check theft, and ultimately identity theft. Additionally, possession of narcotics is covered in this proposition and is now only a misdemeanor. Heroin possession? Misdemeanor. God bless CA residents.
This could be both a good and a bad thing, glad drug possession is down to a misdemeanor now. Those people need help, not a stint in prison to train them how to be real criminals.
I think stealing a gun should definitely be a worse crime than they just made it.
Yeah, stealing dangerous stuff, guns, knives, cars, etc. should get harsher punishments.
The theft change is stupid as fuck. But generally speaking if someone is stealing a gun or credit card they'll get additional charges on top of that so it isn't like it is completely useless.
[QUOTE=Code3Response;46416999]Theft of firearms are now misdemeanors as long as they dont exceed $950 in value. Before this, there was a PC section dealing with firearms, but because they get rid of the wobbler sentencing they are looking at the value of the goods stolen instead of what was stolen. A stolen firearm worth $450 will get the same punishment as $450 stolen in candy. Additionally, that theft rule applies to credit card theft, check theft, and ultimately identity theft.[/QUOTE] I voted no for this very reason.
It makes sense that petty theft and some illegal possession would be written off as misdemeanor, but I can't see a judge using that as a justification for writing off a small punishment for something as bad as stealing guns or drugs. It'll probably just lead to less harsh punishments for most thefts.
im ok with the drugs bit, since people who have +1k in drugs are most likely not your casual user anyways the gun bit is fucked though
[QUOTE=croguy;46417082]It makes sense that petty theft and some illegal possession would be written off as misdemeanor, but I can't see a judge using that as a justification for writing off a small punishment for something as bad as stealing guns or drugs. It'll probably just lead to less harsh punishments for most thefts.[/QUOTE] Thats what the wobbler sentencing was. A judge can make a subjective sentencing ruling based on the totality of the case. They cant do that now.
We as a country need to get our sentencing down to the level of other OECD countries, or else we will get a million more prisoners in the next few decades. Our prisons are overflowing because of pandering politicians promising to crack down on crime by raising sentences for no good reason. Three strikes law? Bullshit.
Yeah, well, at least they didn't end up banning abortion [I]in their state constitution[/I] like we did. Seriously, I have no idea how these rednecks can rationalize that level of insanity.
Doesn't California have that stupid three strikes law?
[QUOTE=Code3Response;46416999] Additionally, possession of narcotics is covered in this proposition and is now only a misdemeanor. Heroin possession? Misdemeanor. God bless CA residents.[/QUOTE] Posession and [U]intent to distribute[/U] are different crimes, friendo. Consider the difference between the intent to distribute marijuana and the intent to distribute heroin. (I mean on an ideal Earth where someone wasn't given 10 years in the pen for possession of weed.)
[QUOTE=Code3Response;46416999]Additionally, possession of narcotics is covered in this proposition and is now only a misdemeanor. Heroin possession? Misdemeanor. [/QUOTE] This is a good thing
Someone could steal my gun and get it treated as a misdemeanor. What an intelligent bunch. Yet another reason I'm very glad I live about as far from California as I can. Otherwise as fun as it is to see supersick stoner kids get put in jail it's probably not worth ruining their lives over on the off chance they become decent people, so at least there's a tiny little silver lining. Treating Heroin and Cocaine as misdemeanors under any circumstance seems laughable as hell, though.
[QUOTE=nerdster409;46420223]Doesn't California have that stupid three strikes law?[/QUOTE] yes, but it's been changed since 2012.
Politicians like to make things as bittersweet as possible. [editline]5th November 2014[/editline] [QUOTE=evilweazel;46420300]Someone could steal my gun and get it treated as a misdemeanor. What an intelligent bunch. Yet another reason I'm very glad I live about as far from California as I can. Otherwise as fun as it is to see supersick stoner kids get put in jail it's probably not worth ruining their lives over on the off chance they become decent people, so at least there's a tiny little silver lining. Treating Heroin and Cocaine as misdemeanors under any circumstance seems laughable as hell, though.[/QUOTE] You aren't a very friendly fellow.
having drug possession be a felonious offense was ridiculous, as well as the majority of nonviolent theft or other nonviolent crimes. A felony is a punishment that should be reserved for the scum of society, those who can never re-integrate fully. Making someone a felon is a near guarantee to have them relapse to crime.
Related story to why the three strikes law was bullshit. I went to San Quentin for a work trip, since at the time I had an internship at a similar nearby notable historic prison, and I met 4 convicts who were in there for various charges serving long term sentences. 2 were convicted murderers. One committed a violent armed robbery, and one stole 20$ out of a register at a liquor store to buy weed. Guess which one had the longest to go before he got a parole hearing? I voted yes on the proposition, but that's just because I believe that sending a person to jail for a drug offense doesn't help them get over their addiction, at least not as much as a misdemeanor. That's just my opinion, though.
[QUOTE=Code3Response;46416999] Theft of firearms are now misdemeanors as long as they dont exceed $950 in value. Before this, there was a PC section dealing with firearms, but because they get rid of the wobbler sentencing they are looking at the value of the goods stolen instead of what was stolen. A stolen firearm worth $450 will get the same punishment as $450 stolen in candy. Additionally, that theft rule applies to credit card theft, check theft, and ultimately identity theft.[/QUOTE] Also car theft. I know I'm not the only person in the country rolling around in a vehicle that is worth less than a grand on the open market.
i don't really see a problem, generally when someone breaks in they're already facing a few months to a year initially, ontop of the individual charges for stealing, the chances of someone breaking into a house and stealing a gun and going free is minimal also cars are still going to be grand theft auto regardless of its monetary value
Good news to my ears!
So does this indirectly mark those with misdemeanors more criminal than previous?
[URL="http://nation.time.com/2013/08/21/welcome-to-prison-will-you-be-paying-cash-or-credit/"]California (among other states) allows jails to charge [I]inmates[/I] for the cost of their own incarceration.[/URL] This can lead to situations where the punishment lasts long after you're released, as you come out of prison with a criminal record [B]and[/B] a debt to pay off. Sending less people to jail or sentencing them to shorter periods is a good thing, as long as you choose carefully who doesn't need to be locked away. Please continue incarcerating the dangerous psychopaths, California.
[QUOTE=A B.A. Survivor;46420351]Politicians like to make things as bittersweet as possible.[/QUOTE] One knows that a good compromise has been reached when both sides are unhappy.
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