October 6, 2015

"This multiplication and particularization of criminal behavior creates increasing complexity without commensurate benefit."



Well played, Jerry Brown! (Via Jaltcoh.)

34 comments:

mccullough said...

Over the last several decades, the crime rate has also gone down.

EMD said...

Every once in awhile, Moonbeam gets something right. I wish it were more often.

Big Mike said...

Agree with EMD.

James Pawlak said...

It might be best to return have only "Common Law" crimes on-the-books!

cubanbob said...

Give the governor credit for once doing something right. Every governor, state legislator, member of congress and the president should get a framed copy for the holidays.

The Godfather said...

If in fact it's true that most of these bills criminalize conduct that is already criminalized by existing law, then they would serve no purpose and Brown was correct to veto them. On the other hand, it's hard to see how enacting such duplicative laws could have any effect on the total prison population, which is another reason that Brown gives to justify his vetos. Personally, I see nothing wrong in principle with having an increased prison population: If more people commit more crimes or if the crimes committed are worse and ought to be punished by longer sentences, then the prison population ought to increase. On the other hand, if California has criminalized conduct that ought not be criminalized, or if it is punishing crimes with excessively long sentences, then those issues ought to be addressed.

Nonapod said...

Is Moonbeam still kicking around the idea of running for President?

Etienne Mathieu said...

He is making them feel bad by trying to create more prisoners. But in fact, what the legislator is intending, is to merely transfer wealth.

By raising fines, and creating new fines and fee's, they can offset the taxes needed to keep the millions of state employee's in their jobs.

I think Brown has drifted away from his communist past, and is seeing that maybe North Korea is not the appropriate model for California any more.

William said...

I wonder if he would veto an environmental law with such pithy disdain.

SteveR said...

The CA state senate is run by democrats so there you go. Next up, Jerry Brown snarks about spending too much.

EMD said...

On the other hand, if California has criminalized conduct that ought not be criminalized,

I'm betting yes for California, and 49 other states.

JAORE said...

On the other hand, if California has criminalized conduct that ought not be criminalized,

I'm betting yes for California, and 49 other states.

Don't forget Uncle Sugar. The list of Federal crimes has skyrocketed.

CJinPA said...

He wants a criminal justice system that is more "human." Not "humane."

Is that a typo or just weird Californiaspeak?

cubanbob said...

Godfather you are missing the extortion aspect of this. Think of the already excessive overcharging as it is in order to beat down the accused into taking plea deals. And as noted by others another backhanded way to collect more in money in punishments.

lgv said...

Legislators gotta legislate. Misdemeanors become felonies.

Carol said...

The reason these bills are carried is because legislative candidates need some sort of hobby-horse "issue" to sell to the voters. Three Strikes, Megan's Law, Jessica's law..oh whatever, the sentences get more draconian because it makes everyone feel good. And the pol gets his foot in the door...sky's the limit!

Fred Drinkwater said...

If you look at Brown's history as Mayor of Oakland, it's clear he functions pretty well in a situation where he has lots of power, and does not have to negotiate and compromise.
The Governor's veto (though welcome) is just another example of that.
On the other hand, his history in working the system and working with the political opposition to achieve something, is very poor.

Tibore said...

Moonbeam did something I not only agree with but wholeheartedly approve? Wow, someone check the temperature in Hell, it must be dropping rapidly...

Tibore said...

While we're at it: How many of those freakin' bills had to do with drones? And firearms? The fact there were 3 that deal with "unmanned aircraft systems" and 2 that dealt with firearms tells you all you need to know about how painfully redundant government can be.

I gotta tell you, the Governor was right about this. Too much legislation about stuff that's already been legislated.

Larry J said...

The proliferation of criminal laws is the basis for the book Three Felonies A Day. I guess some lawmakers and prosecutors won't be happy until we're all committing four felonies a day. That allows an out of control prosecutor (cough Wisconsin's "John Doe") to go after anyone for any reason. Perhaps they should repeal the near absolute immunity prosecutors enjoy. Make them criminally and personally civilly liable when they violate their office.

Fernandinande said...

"This multiplication and particularization of criminal behavior creates increasing complexity without commensurate benefit."

Anyone read any of the bills? They're mostly rather trivial and specialized. (Unless you're a drone-flying, elephant-keeping sex offender.)

Assembly bill 144: change "whether" to "if" on reporting "whether" a cop isn't supposed to have a gun. Might cut down on paperwork

Assembly bill 849: Adds "explosions" to fire/arson laws.

senate bill 168: Adds "flying drones" to impeding fire/rescue/police operations. "By creating a new crime, this bill would impose a state-mandated local program."

senate bill 170: "This bill would make a person who knowingly and intentionally operates an unmanned aircraft system on or above the grounds of a state prison or a jail guilty of a misdemeanor. "

senate bill 170: illegal to fly drones over elementary schools and/or take pictures.

senate bill 170: currently a misdemeanor to possess ketamine (etc); makes it a felony to possess "with the intent to commit sexual assault".

senate bill 347: "This bill would add to the list of misdemeanors, the conviction for which is subject to the above prohibition on possessing a firearm within 10 years of the conviction, the petty theft of a firearm, ...carrying ammunition onto school grounds and receiving stolen property consisting of a firearm."

senate bill 716: "This bill would, beginning January 1, 2018, expand the scope of these provisions to apply to any person who houses, possesses, or is in direct contact with an elephant and would additionally provide that abusive behavior toward the elephant includes the use of a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar device."

senate bill 722: "This bill would make it a felony for a person to willfully remove or disable an electronic, global positioning system, or other monitoring device, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of certain specified sex offenses, ..."

Fernandinande said...

Arg...the 2nd "170" is supposed to be "271"; the 3rd "170" is supposed to be "333".

Mingus Jerry said...

But how can a politician run as tough on crime if they can't point to new laws they passed regardless of their efficacy or need? How will they get a campaign photo with parents at the signing of Brandi's Law?

Mike said...

Senate Bill 722 "This bill would make it a felony for a person to willfully remove or disable an electronic, global positioning system, or other monitoring device, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of certain specified sex offenses, ..."

Yeah well if my stupid state* had not REMOVED JAIL AS A PENALTY for a whole raft of felonies that they made into misdemeanors earlier this year (Presto!), they wouldn't need this corrective action. Yep, they made removing your ankle bracelet a no-time misdemeanor, so now parole officers can't charge their fleeing felons and threaten them with jail, nor can we keep track of these parolees newly liberated from their "devices."

*Thanks Democrats! As usual you ran misleading sob-story ads that convinced enough LIVs to pass the proposition last year. NOW you guys realize how much needs to be fixed.

Mike said...

Fox Butterfield call your office!

With California letting thousands of felons out of jail, L.A. finds crime rates rise unexpectedly.

Fred Drinkwater said...

Brown just signed the latest Lawyer's Full Employment Act (aka California "Fair Pay Act").
Good to see his veto was just a momentary aberration. I was gettin worried...
(I think Ann doesn't like me anymore. This time I had to identify pizzas, and then also waffles. What's next? And why can't they be interest-specific? "Please click on all pictures of F-102 airplanes.")

surfed said...

From Governor Ray-gunz to Ahh-nold to Moon-beam. What a strange place California is...

Mountain Maven said...

In the land of the blind the one eyed man is king.

He hasn't backed down on the high speed Train to Nowhere. Still negotiating over which book clubs can get sh*tfaced without being thrown off.

Nichevo said...

Surfed, counting from father to son,

"Shirtsleeves to shirtsleeves in three generations"

is the adage that comes to mind.

rcocean said...

Yeah Jerry Brown one reason the "jail population is exploding" is because you and people like you are in favor of open borders. Not only has the population of California "exploded" but so has the number of criminals.

But since you - and people of your class -are "insulated" from any blowback, you're mainly concerned about the cost of punishing these people.

Liberals are using Brown's method regarding illegal immigration -simply have open borders and poof no more illegal immigration. Legal drugs - poof no more drug crimes. Stop prosecuting white collar crime - poof no financial crimes. The liberal utopia.

James Pawlak said...

1. It might be better to limits offences (Punishable by fines/jail time) to what was in the Common Law.
2. Legislators should be evaluated on the number of words they REMOVE from "the books"

Goldenpause said...

Even a stopped clock is right twice a day.

JCC said...

What isn't noted is that Brown did sign into law a racial profiling bill that mandates cops document every stop they make, by ethnicity, etc, the reason, the circumstances, and more, burdening cops with more reporting, more time-consuming PC BS which have nothing to do with actual crime prevention, serving the public, responding to calls, and so forth. And if the cops happen to be in an area where the population is pretty much 100% all one ethnic group, then I guess they'll be trolling for anything out of the ordinary to stop and mildly harass, just to balance those profiling numbers and keep out of trouble.

And, as Mike notes, the ankle bracelet law attempt was really about the defelony-ing of a number of laws and the release of thousands of state and county prisoners on probation, wearing - you got it - ankle bracelets, which they are now free to remove without real penalty.

Kirk Parker said...

Carol @ 11:51am:

Remember Kirk's Law: "Any law named after someone, or whose title forms a clever acronym, is certain to be a bad law."