Posted on 04/03/2019 8:00:46 AM PDT by daniel1212
Charges for which the Default is to Decline Prosecuting (unless supervisor permission is obtained).
Trespassing
Shoplifting (including offenses that are essentially shoplifting but charged as larceny)
Larceny under $250
Disorderly conduct
Disturbing the peace
Receiving stolen property
Minor driving offenses, including operating with a suspend or revoked license
Breaking and entering — where it is into a vacant property or where it is for the purpose of sleeping or seeking refuge from the cold and there is no actual damage to property
Wanton or malicious destruction of property
Threats – excluding domestic violence
Minor in possession of alcohol
Drug possession
Drug possession with intent to distribute
A stand alone resisting arrest charge, i.e. cases where a person is charged with resisting arrest and that is the only charge
A resisting arrest charge combined with only charges that all fall under the list of charges to decline to prosecute, e.g. resisting arrest charge combined only with a trespassing charge
Instead of prosecuting, these cases should be (1) outright dismissed prior to arraignment or (2) where appropriate, diverted and treated as a civil infraction for which community service is satisfactory, restitution is satisfactory or engagement with appropriate community-based no-cost programming, job training or schooling is satisfactory. In the exceptional circumstances where prosecution of one of these charges is warranted, the line DA must first seek permission from his or her supervisor. If necessary, arraignment will be continued to allow for consultation with supervisor. Thus, there will be an avenue for prosecuting these misdemeanors when necessary but it will be appropriately overseen by experienced prosecutors.
Note: this is essentially already happening for drug possession cases in Roxbury and Dorchester District Court.
"By openly declaring that certain laws will not be prosecuted if violated, Rollins has incited, and in-effect [sic] authorized certain illegal conduct that runs contrary to law." - https://www.nbcboston.com/news/local/Rachael-Rollins-Suffolk-District-Attorney-Elect-National-Police-Association-Bar-Complaint-503616441.html
Newly inaugurated Suffolk District Attorney Rachael Rollins is tapping the brakes on her list of 15 crimes she won’t prosecute, saying she is taking a “long and hard” look at the list first.
Rollins, addressing her controversial list after being sworn in at Roxbury Community College on Wednesday, said she wants “everything to be a case-by-case basis.” She said feedback from the community and police was key.
“We’re going to be looking long and hard at this list, I am very clear that we will be holding people accountable but jail is going to be the last option with respect to those 15,” Rollins said. The list includes crimes from shoplifting and trespassing to drug possession, resisting arrest and larceny under $250. - https://www.bostonherald.com/2019/01/02/suffolk-da-rollins-taking-a-hard-look-at-decline-to-prosecute-list/
Stupid Commies...continue to encourage a decline in your tax base. See how easy it is to live on your mythical unicorn turds.
Unfettered prosecutorial discretion is essentially no law at all.
Common law has an essential element of predictability, without which it does not function.
Why have the laws if they are not going to be enforced? And why essentially say these criminal behaviors will now be accepted as normal? Society is crashing. Disarmed society as this is Massachusetts.
Boston is trying to play catch up with San Francisco and Seattle.
This is in direct contravention of the Broken Windows policing that vastly improved NYC, in particular under Mayor Giuliani. This will not end well for Boston, which anyone here already knew.
https://en.m.wikipedia.org/wiki/Broken_windows_theory
-PJ
that’s all fine and good, but can I poop in the street ?
And what, Rachael dear, is a law abiding citizen who accidentally leaves her home’s door unlocked to do when she comes home from shopping and finds some filthy bum squatting there and claiming a right to be on the premises?
Charges for which the Default is to Decline Prosecuting (unless supervisor permission is obtained and perpetrator is black).
I would argue that the common law was the greatest invention of the Western World and provided a standard of justice that caused people to flock to it (British common law is the basis for legal systems in much of the world today, including Africa and India. Much of the rigor of Apartheid in South Africa was mitigated by the judicial sue of common law principles).
But we have largely abandoned it. One of the great enemies of the common law was Scalia, a fact that a lot of conservatives have never come to grips with.
Now the element of predictability is that the law will be interpreted to the benefit of the ascent in power of leftists. It is the power of the collective over the rights of the individual, be it liberty or property.
sue = use
The pathological creeps of the Left relish the opportunity to destroy and transform American culture. All this nonsense is meant to accommodate non productive minorities and culturally alien , ignorant migrants. This is the consequence of the “sanctuary” movement and the non enforcement of laws by miscreants who have obtained power. They know full well what they are doing and never want anyone to be able to restore and reestablish an America which was once great. There will either be a reckoning soon or the decline will accelerate. Look at New York and witness what has happened to the once decent Nassau and Suffolk counties. The more migrants, the greater the rot.
Please explain more about Scalia and common law.
In legal terms, I believe this is best described as being "arbitrary and capricious "
which is illegal and un-Constitutional.
Better yet, call it what it is going to create : "Free Crime",
.. please don't tell the criminals.
Thanks for the responses, which I will get to, but I hope you do not mind a analytical sermon.
What’s behind this is one side of the the victim entitlement mentality of Hell, in which not only is obtaining benefits on the basis of merit considered to be unfair, but so is punishment for neglect and disobedience of laws.
And thus those who lack benefits that require merit, and who suffer consequences for disobedience to that principle, as well as by acting contrary to laws, are seen as victims.
And that such, as a matter of justice, are entitled to special treatment and the rewards normally obtained by merit.
And which victim entitlement mentality effectively also does away with mercy and grace from of those who have warranted benefits toward those who do not, since the latter are seduced into seeing themselves as victims, even if due to their own fault, who are rightfully owed what others possess on the basis of merit. Those rather than gratitude and an incentive toward betterment in response to sacrificial voluntary acts of grace, the recipients of such often seek more as a matter of “justice.”
Which is what is behind the “share the wealth” demand and the Occupy (positions of power) movement. And which victim entitlement mentality the devil and his proxy servants (stay with me here) inculcates and who are then presented as saviors of the oppressed.
For the devil’s original presumption was that he was worthy to sit in the throne of God, asserting, “I will ascend above the heights of the clouds; I will be like the most High.” [God’s response:] Yet thou shalt be brought down to hell, to the sides of the pit. (Isaiah 14:14-15)
Note that the devil did zero to warrant any promotion from his already glorious state, nor was he appealing for mercy or grace, but essentially presumed that elevation as his right as the original liberal elite. However “every one that exalteth himself shall be abased; and he that humbleth himself shall be exalted.” (Luke 18:14)
And being cast down for his selfish presumption, the devil (who works to pervert and or defile what honors God) next goes to work on Eve, presenting God as selfishly, malevolently keeping the blessed Eve from the one thing forbidden mankind, and seducing her to lust after what the devil presented as rightfully being hers, and that disobedience to God was the way to attaining it.
However, rather than the elevation that God gives to those who, in response to mercy and by grace, believe and obey Him, instead we have the Fall, evil-affecting not only themselves but all under their stewardship.
Yet not without the promise and provision of redemption (see tag). Thanks be to God.
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