Ruth Bader Ginsburg has passed (Replaced by Amy Coney Barrett)(Now Abortion Discussion) (9 Viewers)

SaulGoodmanEsq said:

Oh no! You were converted by those awful Kirk Cameron Left Behind movies, weren't you?!?!

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Farb said:

Way worse than that. Little House on the Prairie. Paw wouldn't alllow abortion on the prairie, or Mr. Edwards.
Radical stuff.

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Farb said:

I would guess, the defund the police had a significant impact on violent and non-violent crime. As the summer of love burned, those cities with mayors and councils that caved and knelt down before the progressive ACAB/Defund the police mobs probably tended to be a little worse off overall. We are still seeing these effects.

Let me ask you, that guy that charge Chappelle on stage and had a knife, should that have been assault or a misdemeanor?

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Lee pleaded not guilty to four misdemeanor charges while making his initial court appearance on Friday.

Padilla, denied Friday that her client ever pulled out the bizarre weapon during the caught-on-camera attack.

Lee, who was roughed up by security, was the lone person hurt during the alleged assault, Padilla said in court Friday.

He was initially arrested for felony assault with a deadly weapon, but was ultimately charged with misdemeanor battery, possessing a deadly weapon with intent to assault, unauthorized access to the stage area during a performance and commission of an act that delays the event or interferes with the performer.

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wardorican said:

I believe this was in LA, right? Assault usually is a misdemeanor charge. Battery can be a misdemeanor or felony.

I think what you meant was, should it have been 'assault with a deadly weapon' vs the four misdermeanor charges he received.


I think part of it has to do with the elements a prosecutor would need to prove to make it a felony.

So, I think the big question is if he just had the gun/knife on him, or in his hands, ready to use? If just in his pocket, then the charges they are going with are appropriate, because it was a minor battery, but he had a deadly weapon and likely intended to use it. Just, he didn't.

At the end of the day, we're talking similar punishments, just a little less jail time.

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Farb said:

Is criminal punishment there for reform, punishment or deterrent?
It for sure isn't deterrent.
I also am a conspiracy theorist so I don't think this was unintentional as it was Chappell and he caused a lot of the radical left to get upset over some of his jokes and the LAGTBQ group. Do they want more of this, the answer is hard to determine because of how they handle this situation.

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Class C misdemeanor​

If the defendant threatens the victim with bodily harm or makes non-injurious physical contact in an offensive or provocative manner, assault is charged as a class C misdemeanor. This carries a fine of up to $500.

Class B misdemeanor​

If the defendant threatens a sports participant with bodily harm during a performance or to retaliate for a performance, the assault is charged as a class B misdemeanor, and carries a penalty of up to 180 days in jail and a fine of up to $2000.

Class A misdemeanor​

If the defendant causes physical injury to the victim with no other aggravating factors, or if the defendant makes offensive or provocative contact with an elderly victim, the offense is charged as a class A misdemeanor. This carries a jail sentence of up to one year and fine of up to $4000.

Third degree felony​

Assault may be charged as a third degree felony if:

• The victim has a domestic relationship with the defendant and the defendant has previously been convicted of a similar crime.
• The defendant knowingly assaults a security officer performing his or her duties.
• The defendant knowingly assaults a public servant or family services contractor within the course of duty or in retaliation for performing his or her duty.
• The defendant assaults an emergency services worker in the course of his or her duty.

This level of offense carries a sentence of up to 10 years in prison and fine of up to $10,000.

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wardorican said:

You can't just over charge someone, they'll be found not guilty.

And you'd have to change criminal statutes. Just about all states are a mix of punishment and reform. They're usually pretty easy on first time offenders, and harsher on multiple time offenders.

Take Texas, known to be tough on crime. Depending on how they'd classify this exact crime, the punishment could actually be far less than California. In other cases, the min's are similar, but there is a higher max possible in Texas. But basically, they're very much the same. The misdemeanors are pretty much identical (Texas Class A, california misdemeanor)

https://www.criminalattorneyfortworth.com/why-battery-is-actually-charged-as-assault-in-texas/



So, the only difference between California and Texas is that the Third Degree Felony (that would likely be the most this case could maybe be charged in texas, if it happend in texas) is 2-10 years, vs 2-4 years.

https://www.texasattorneygeneral.go...iminal-justice/PenalCode-Offenses-byRange.pdf

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Farb said:

He was charged with a felony but was dropped down to a misdemeanor. Do you think a DA in Texas would drop it? I don't. He had a weapon when he attacked someone. Times are different under Garcon, crime victims now include the person committing the crime. A different approach for sure, but is it popular with those that live there?

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Although recall proponents claim there are no consequences for criminals in L.A. County, records show that during Gascón’s first year in office, prosecutors filed felonies at a near identical rate to what they did during Dist. Atty. Jackie Lacey’s two terms as the county’s top prosecutor. When it came to less serious misdemeanor cases, Gascón did file far fewer charges than Lacey, records show.

Prosecutors brought charges in 53.8% of all serious or violent felonies — including murders, sexual assaults and shootings — referred by police in 2021, and 58.2% of all felonies, according to data The Times obtained through a public records request. Under Lacey, prosecutors filed charges in 54.4% of serious or violent felonies and 57.6% of felonies overall from 2012 to 2020, records show.


While prosecutors’ felony filing rates have not changed since Gascón took office, law enforcement’s success in capturing dangerous criminals has. The Los Angeles Police Department solved 77% of all homicides in 2019, but that figure fell to 66% last year. In sheriff’s department territory, that clearance rate fell from 71% in 2019 to approximately 40% last year, according to data provided by the agency.

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Homicides, aggravated assaults and car thefts are also climbing in jurisdictions that are home to more traditional prosecutors, including Sacramento and San Diego, leading some criminologists to suggest those who blame Gascón for Los Angeles’ recent bloodshed are overreaching.

“We are seeing very similar trends elsewhere. ... It’s not unique to Los Angeles,” said Magnus Lofstrom, director of criminal justice at the Public Policy Institute of California, which often publishes studies on crime trends. “It’s not unique to the period in which Gascón was in office as the L.A. County district attorney.”




Gascón’s policies appear to have had a much more direct impact on misdemeanors, records show. He has largely barred prosecutors from filing charges he says are linked to addiction or homelessness — including disturbing the peace, simple drug possession, loitering and public intoxication.

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Farb said:

He was charged with a felony but was dropped down to a misdemeanor. Do you think a DA in Texas would drop it? I don't. He had a weapon when he attacked someone. Times are different under Garcon, crime victims now include the person committing the crime. A different approach for sure, but is it popular with those that live there?

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MT15 said:

In all the places that have open carry, Texas probably being one, do you really think that starting a fight and having a weapon in your possession that you never use will result in a felony charge? I doubt it very much. Having a weapon is normal in those states. The good old boys will never stand for having extra charges added just because they are carrying.

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wardorican said:

So, you're ignoring all nuance?

I don't live in LA, so I can't speak much on Garcon. I know his policies are unpopular, but not sure they matter much in the overall crime situation.

https://www.latimes.com/california/story/2022-04-01/violent-crime-surge-la-county-george-gascon

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Port City JJ said:

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Farb said:

Better luck next time.

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Farb said:

I am pointing out that he was charged with a felony and as in most the crimes in LA county, it has been dropped. Would that that happen in Texas? Maybe, but not at the rate that these Democratic activist DAs across the country in Democratic run cities are doing.

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Farb said:

Starting a fight or attacking someone unprovoked?

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wardorican said:

I know you were. I'm just saying that's a simplistic view.

Also, the police charged him with that, and the DA, I think, rightfully put it down a notch, because the original charge may not stick in court. Better to get a conviction with some teeth, than try to go bigger and whiff.

Also, the guy clearly has some issues and may need mental health services. Maybe they know more than us.

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MT15 said:

He tackled him, after which he was pummeled by security. That was stupid and criminal but hardly like you are purposefully making it sound. Also, you are making some very broad claims about Dem DAs in your later post. Care to back any of that up? I’m extremely skeptical that wherever you are reading or hearing this stuff is being factual, rather than just trying to rev up people such as yourself.

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