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ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Vox Nihili posted:

I don't think anyone actually believes prosecutors shouldn't be a thing. It's a question of the context under which they operate in the United States, specifically, and especially in certain states and locales. Just like how few people actually believe that there shouldn't be police; generally what people want is reform, not anarchy.

Except...


Hot Dog Day #91 posted:

Yeah the evictions are just a joke. We pay people money to leave. I'm just a normal civil litigator building roads.

The prison system as currently constituted is immoral. I don't need to cite you specific flaws, but you must know that the systemic racism and treatment of the poor results in them being incarcerated at a higher rate. That alone is enough to decry it as immoral.

I don't know what you do with rapists and murderers, but I'm not willing to send anyone to the hellhole of the criminal justice system in this country. And yes, I think that makes all prosecutors immoral. Evil. Monsters.

But I also think anyone joining the military (with knowledge of what us imperialism truly is, which most 18yro kids don't know) is a war criminal so, I imagine I won't gather many hurrahs for my position.

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blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
This is one of my favorite arguments, in a bad way, because literally every component of the issue that people can disagree on is inextricably linked to a separate component of another issue and people can literally hop from moving target to moving target for hours until both sides are so mad at each other they give up.

And nobody really has the patience to methodically walk issue to issue, or the objectivity to discuss the entire issue from a 1000 mile-high viewpoint, so it ends up being kids fighting over specific balls in a ball pit.

sullat
Jan 9, 2012
When I get worried about the ethics of my job, I just think of my favorite Calvin & Hobbes cartoon about the aliens that take away all of earth's air and water.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
Just to make sure I’m not delusional, I did a quick numbers check. Our county has one “high court” and a second court that handles our misdemeanor/infraction cases.

Our Monday docket for both trial list and pretrials

1 attempted murder that’s pleading down to 2 assault 1 w deadly weapon
3 attempted murders
6 sex assault in the first (most w weapon)
1 motor vehicle theft
2 child sex assault
1 attempted child sex assault
1 felony murder/robbery
1 kidnap/risk of injury
4 armed robbery
2 VOP

So... yeah. Unless you’re running a drug enterprise...we don’t care. And even then... only care because most of our murders are drug enterprise related. (And yes. I think legalizing a lot of narcotics would probably fix some of that) Drug cases go to low court. Overwhelming majority get programs or nolles.

I get other areas do things differently. And don’t approve of how it’s done in a lot of places. See eg elected DAs. But I don’t think this is a topic where anyone can speak in absolutes.

ActusRhesus fucked around with this message at 00:38 on Dec 16, 2018

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

homullus posted:

By what percent would the prison population be reduced if those convicted of nonviolent offenses paid their debt to society in a way that wasn't prison? It sounds as though you think it's a small number. It's not a small number.

It's not an order of magnitude, though. If you aggregate the state and federal systems and just drop out the nonviolent crimes (whether convicted or not), you would drop the prison total by a little more than half of the current total.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
"All non-violent crimes" as in, including burglary, car theft, etc?

And if someone who steals a car doesn't have the money to pay the fine for stealing the car, then you throw them in ja--- no, thats also a non-violent crime. So, there's functionally no punishment for stealing a car, burning someone's house down, or embezzling and spending millions of dollars from a charity?

If you just tossed out all drug crime, thats what, 8%? That would also include the guys selling meth to children, of course.

terrorist ambulance
Nov 5, 2009
it apparently is just as easy as posting some guillotine cosplay poo poo like "uhhh... like, abolish all prisons??" to trigger a multi post response

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Hot Dog Day #91 posted:

Yeah the evictions are just a joke. We pay people money to leave. I'm just a normal civil litigator building roads.

The prison system as currently constituted is immoral. I don't need to cite you specific flaws, but you must know that the systemic racism and treatment of the poor results in them being incarcerated at a higher rate. That alone is enough to decry it as immoral.

I don't know what you do with rapists and murderers, but I'm not willing to send anyone to the hellhole of the criminal justice system in this country. And yes, I think that makes all prosecutors immoral. Evil. Monsters.

But I also think anyone joining the military (with knowledge of what us imperialism truly is, which most 18yro kids don't know) is a war criminal so, I imagine I won't gather many hurrahs for my position.

Also, I don't buy it, this whole, "The system should go, but I have no opinion about what should replace it."

Of course you do - If I said, "ok, instead of jail, we will just guillotine everyone." you'd object. If I suggested we force all criminals to be lowered into a pit of sewage for a period of time commensurate with the severity of their crime, you'd object.

By process of elimination, I could suggest every theoretical alternative to the current system until there was a suggestion you didn't object to, which would have been your position all along.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

blarzgh posted:

"All non-violent crimes" as in, including burglary, car theft, etc?

Yes, per the graphic above.

blarzgh posted:

If you just tossed out all drug crime, thats what, 8%? That would also include the guys selling meth to children, of course.

About 22% (tossing in DUI with drug crime). Still not going to move the needle.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Hot drat, a simultaneous "guillotine" reference in the law thread; the zeitgeist speaks

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

ulmont posted:

About 22% (tossing in DUI with drug crime). Still not going to move the needle.

I went to "LAW" school, not "MATH" school!

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

blarzgh posted:

Hot drat, a simultaneous "guillotine" reference in the law thread; the zeitgeist speaks

I can get behind this. More humane than years of torture in prison, right?

And yes. “Non violent” is such a delightfully vague term.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
Also... question on that graph.

If someone is convicted on multiple counts, which one are they counted as for purposes of this study?

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

ActusRhesus posted:

If someone is convicted on multiple counts, which one are they counted as for purposes of this study?

Highest only. In descending order: homicide, rape/other sexual assault, robbery, aggravated assault, burglary, larceny/motor vehicle theft, fraud, drug trafficking, drug possession, weapons offense, driving under the influence, other public-order, and other.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

ulmont posted:

Highest only. In descending order: homicide, rape/other sexual assault, robbery, aggravated assault, burglary, larceny/motor vehicle theft, fraud, drug trafficking, drug possession, weapons offense, driving under the influence, other public-order, and other.

So someone who is busted for drugs AND an illegal firearm is considered a non-violent drug offender in your statistics. Also. How much are we talking about when we say possession? Are dime bag of weed and kilo of cocaine grouped the same?

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

ActusRhesus posted:

So someone who is busted for drugs AND an illegal firearm is considered a non-violent drug offender in your statistics.

Which I think tracks the current Supreme Court "violent felony" residual clause interpretation clusterfuck.

ActusRhesus posted:

Also. How much are we talking about when we say possession? Are dime bag of weed and kilo of cocaine grouped the same?

Depends on state law - these come from BJS stats reported by the states primarily.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
You see the problem though, in taking someone doing years for being a felon in possession of a firearm, and claiming that sentence was for the “Oh and by the way he had some weed too” conviction, right?

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

ActusRhesus posted:

You see the problem though, in taking someone doing years for being a felon in possession of a firearm, and claiming that sentence was for the “Oh and by the way he had some weed too” conviction, right?

Take it up with the DOJ. https://www.bjs.gov/content/pub/pdf/p16.pdf

Kalman
Jan 17, 2010

ActusRhesus posted:

You see the problem though, in taking someone doing years for being a felon in possession of a firearm, and claiming that sentence was for the “Oh and by the way he had some weed too” conviction, right?

Wait is “gun without permit” a violent crime now?

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.

ActusRhesus posted:

Nah. It’s really all about the BCBS.

Lol

Now there's the reeses bants I've come to expect

Tokelau All Star
Feb 23, 2008

THE TAXES! THE FINGER THING MEANS THE TAXES!

Our local prosecutors office seems to have three main qualifications for new hires, 1) Are you smug and self-righteous?, 2) Are you cool with kicking people while they're down?, 3) Do you believe the cure to homelessness is putting them in jail for minor poo poo 30 days at a time?

Edit: The whole "What, you don't think rapists and murderers should go to prison?" argument is disingenuous. The reason prosecutors piss people off is incarcerating people for minor poo poo, or you know, the vast majority of stuff that aren't bad felonies. I know this because I have to fight this battle every loving day

Tokelau All Star fucked around with this message at 05:41 on Dec 16, 2018

Tokelau All Star
Feb 23, 2008

THE TAXES! THE FINGER THING MEANS THE TAXES!

Quote is not edit

Tokelau All Star fucked around with this message at 05:41 on Dec 16, 2018

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
The obvious solution to today’s prison conditions is cryoprisons. Just like fancy Taco Bell, Demolition Man was right.

terrorist ambulance
Nov 5, 2009

Tokelau All Star posted:

Our local prosecutors office seems to have three main qualifications for new hires, 1) Are you smug and self-righteous?, 2) Are you cool with kicking people while they're down?, 3) Do you believe the cure to homelessness is putting them in jail for minor poo poo 30 days at a time?

Edit: The whole "What, you don't think rapists and murderers should go to prison?" argument is disingenuous. The reason prosecutors piss people off is incarcerating people for minor poo poo, or you know, the vast majority of stuff that aren't bad felonies. I know this because I have to fight this battle every loving day

true believer prosecutors (the smug, young type) are the absolute worst, it's true

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
Lol at using your free time on a Saturday to defend the American prison system

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
The obvious solution to today's prison conditions is blockchain.

edit: I am totally down with diversion and treatment, but legalizing addictive substances isn't going to be a good solution.

Discendo Vox fucked around with this message at 06:46 on Dec 16, 2018

Kawasaki Nun
Jul 16, 2001

by Reene
All non-violent offenses should carry a year maximum with a requirement that every effort be made to prevent recidivism.

AR works as a prosecutor and if I had my druthers she wouldn't have to. Let's make the poor a protected class and proceed from there.

P.S. I only care about felons in possession in so far as I care about guns on the street. KIR wit the hammers folks

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
Felon in possession frequently = guns on street. Yeah. That’s the issue.

And not to sound like an old... but has anyone else noticed a trend in smug douchiness from young lawyers in general? Kids these days...

Smug bully prosecutors are assholes.

Smug true believer defense attorneys are assholes.

Smug prosecutors are a bigger problem because of the power they wield. Luckily that poo poo doesn’t fly here. Reading this thread depresses me. I don’t doubt you’re acurately describing what you see. But man. That is so different from how we operate. We have one guy in my office who is a dickwad. We can’t get rid of him because Union. But he’s basically hidden in a corner where he can’t do any damage until he retires.

As for gun issue. I was very specific. Felon in possession. As for legalizing addictive substances... nicotine and alcohol are legal. It would come with a whole new set of issues, sure. But I do think it would end others.

The really important thing though... is that a new Dragon Age is in the works.

ActusRhesus fucked around with this message at 12:22 on Dec 16, 2018

algebra testes
Mar 5, 2011


Lipstick Apathy

ActusRhesus posted:

Smug true believer defense attorneys are assholes.

I hate these the most

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

sullat posted:

When I get worried about the ethics of my job, I just think of my favorite Calvin & Hobbes cartoon about the aliens that take away all of earth's air and water.

Lol

So glad I had something to do on a Saturday night instead of arguing on this website.

Just kidding I liked reading everything everyone said. But I do think the guillotine went out of fashion too soon and public/televised execution should be a thing again. But only for white collar criminals.

Hot Dog Day #91
Jun 19, 2003

See, everyone rushes in to go "ah look a logical fallacy." Try to examine your belief systems. If you think the American retributive justice system is good, works, or is not based on the systemic injustice on which western society is built, then I cannot discuss this with you.

And I again, I can critique a system without having to go "and here is my 473 page paper on how we reform this." Genocide is wrong. Murder is wrong. Torture is wrong. War is wrong. Prisons are wrong.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Phil Moscowitz posted:

Lol

So glad I had something to do on a Saturday night instead of arguing on this website.

Just kidding I liked reading everything everyone said. But I do think the guillotine went out of fashion too soon and public/televised execution should be a thing again. But only for white collar criminals.

I’m a woman. Science says I multitask better than you. I can multitask shitposting and binge watching supernatural.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Hot Dog Day #91 posted:

Prisons are wrong.

Ok. Again. Really trying to understand your point here.

Is your claim that as it exists now the prison system needs reform, or that the concept of incarceration, in and of itself, is wrong?

Sab0921
Aug 2, 2004

This for my justices slingin' thangs, rib breakin' kings / Truck, necklace, robe, gavel and things / For the solicitors seein' them dissents spin and grin / That robe with the lace trim that win.
All issues related to the criminal justice system stem from the singular issue of systemic inequality in the country.

Big law is the most immoral legal profession and those ensared and entrapped in betraying the nation by high salaries should be face trial for their crimes against the people.

Prosecutors are fine since they will be ultimately responsible for the Latham trials of 2020

Hot Dog Day #91
Jun 19, 2003

Incarceration is wrong, but we don't currently have an alternative.

In the interim, the prison system needs to be destroyed and rebuilt. Reform isn't strong enough.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
So. Just so I understand you. Your position is that incarceration, in and of itself, regardless of method/conditions/etc is wrong.

DAD LOST MY IPOD
Feb 3, 2012

Fats Dominar is on the case


ActusRhesus posted:

So. Just so I understand you. Your position is that incarceration, in and of itself, regardless of method/conditions/etc is wrong.

I would generally agree with this, with the caveat that after a certain point it’s a semantic argument. Like if someone’s in a diversion program there’s some amount of effort put into limiting the complete freedom of movement and action they had before. Is this incarceration? Any future system would absolutely have to do the same. At what point does it become incarceration? A person wearing and ankle monitor that won’t let them go to certain places isn’t really incarcerated. Is a person living in a halfway house incarcerated?

But yeah, the idea that simply tossing someone in a box they can’t leave for a set period of time is a fitting punishment? That’s totally immoral.

Hot Dog Day #91
Jun 19, 2003

Yes, but I don't know what you would do with the people who cause great harm to others. We aren't equipped to do something feasible yet (e.g. Literally altering the brain to make people no longer want to gently caress kids). Maybe there is some form of incarceration that isn't essentially torture; I don't know what that would be.

I have a long-term goal for humanity, and it's a post scarcity world. I won't achieve it, but I'm an optimist.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Tokelau All Star posted:

Edit: The whole "What, you don't think rapists and murderers should go to prison?" argument is disingenuous. The reason prosecutors piss people off is incarcerating people for minor poo poo, or you know, the vast majority of stuff that aren't bad felonies. I know this because I have to fight this battle every loving day

It’s only disingenuous when people aren’t literally saying that even the abstract concept of incarceration is per se immoral. Which is what seems to be happening here.

Your example of going after homeless for 30 day bids is garbage. Out of curiosity are your DAs elected or appointed?

Edit: garbage as in “its garbage that someone would do that.” In case I wasn’t clear.

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blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Hot Dog Day #91 posted:

Incarceration is wrong, but we don't currently have an alternative.

Are you saying any retributive action is wrong, or just the act of removing someone from society and constricting their movement is wrong, specifically?

Also, did you suggest that lobotomizing criminals until they don't want to commit crimes anymore is a viable alternative?

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