CA Prop 5 Nonviolent Offender Rehabilitation Act

kush23

Member
Jul 2, 2007
96
0
0
I wanna see/hear what other people are thinking about this proposition.

One thing I am confused about is how people are saying it is a "get out of jail-free card" for criminals.

from LA Times
But here's the catch: Crooks committing such crimes would only get the Proposition 5 break if they claim a substance-abuse problem. This means that every person who steals cars, identities and more would have a powerful incentive to become a substance abuser -- if he isn't already. If he were to get caught doing these crimes while he is clean and sober, he may go to prison or jail. But if were to simply carry a little meth or cocaine in his pocket while perpetrating his crimes, he would then "appear" to have a substance-abuse problem and couldn't be incarcerated. That's why some criminal defense attorneys have candidly told me that if Proposition 5 passes, they will advise their clients about the benefit of being a drug abuser just in case they get caught breaking the law in the future.


If they are caught stealing a car with a drug, wouldn't they get charged with separate sentences for the theft and possession? They would get the normal punishment for the theft and then get the reduced punishment for the drug charge correct?
 

bsobel

Moderator Emeritus<br>Elite Member
Dec 9, 2001
13,346
0
0
If they are caught stealing a car with a drug, wouldn't they get charged with separate sentences for the theft and possession? They would get the normal punishment for the theft and then get the reduced punishment for the drug charge correct?

Yes, they would. This is being done to get people to vote against the measure. I'm voting yes.

 

LumbergTech

Diamond Member
Sep 15, 2005
3,622
1
0
they should just require that the person establish that they have a substance abuse problem ......
 

Craig234

Lifer
May 1, 2006
38,548
348
126
In general I'm for more rehabilitation and less prison. I'm a bit dubious of this measure, but the SF Bay Guardian endorses it, and I'll give some weight to that. I'm leaning towards yes.
 

Craig234

Lifer
May 1, 2006
38,548
348
126
Originally posted by: JS80
lol i fucking hate lawyers.
They're not too crazy about you.

But they do more good for society than you do.

i'm voting no.

Enjoy paying the taxes for the prisons, and the money going to the enormous Prison Guard lobby, which is a democratic party-supporting organization.
 

PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
Originally posted by: manowar821
If you see in black and white, vote no on prop 5.

I like this part:
Addicted defendants will be permitted five violations of probation or treatment failures based on drug use, and judges will be unable to meaningfully intervene until the sixth violation.

So basically, you commit the crime, get parole. Then you violate that parole 5 times and essentially get off scot free? What's the point of parole then??

Seems stupid. If the prisons are costing too much, put them out in the desert in tents.
 

Genx87

Lifer
Apr 8, 2002
41,095
513
126
Repeal a good portion of our drug laws would go a lot further than this at reducing our prison overcrowding.