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Encouraging More Crime

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In a recent Los Angeles Times editorial the paper's editorial board told readers "Entering a home (or a room, a tent, a locked car or any building) with the intention to steal remains a felony, even if the thief doesn't end up taking anything, or even if what he has his eye on is worth less than $950. The suspect can (and should) be arrested, booked and brought before a judge. Proposition 47 didn't change any of that."  Proposition 47, adopted in 2014 by California voters, converted the most frequently committed property and drug felonies into misdemeanors.  The Los Angeles Times editorial board clearly does not know what that means.  Michelle Hanisee of 1,000 strong Association of Los Angeles Deputy District Attorneys, responds that, under longstanding California law, "a peace officer can only arrest a misdemeanor theft suspect if the officer actually witnesses the theft (an infrequent occurrence)."  She points out that overcrowded county jails, thanks to AB109, and the low priority that  misdemeanors carry compared to felonies makes the possibility of actually receiving meaningful consequences for a misdemeanor arrest the equivalent of being struck by lighting.  As an Assistant City Attorney pointed out, when the consequence of a conviction is no jail time, there is no incentive for an addict to enter rehab and "almost no one has gotten anything close to meaningful drug rehabilitation."   

2 Comments

Your post seems to suggest the quote from the LA Times is incorrect, but burglary does in fact remain a felony (or at least a wobbler), correct? And police are permitted to arrest a wobbler suspect with good old fashioned probable cause, right?

Burglary in the second degree is a "wobbler," which can be either a felony or a misdemeanor in the discretion of the court. The LAT's unqualified statement that the wide variety of entries it describes "remains a felony" is incorrect. More importantly, though, the editorial fails to appreciate the implications of the reductions Proposition 47 did make, as explained more fully in the linked article.

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