“it’s not true that shoplifting less than $950 is no longer illegal—it can still be charged as a misdemeanor. “What Prop 47 did is increase the dollar amount by which theft can be prosecuted as a felony from $400 to $950 to adjust for inflation and cost of living,” Alex Bastian, who co-authored the proposition, told the Associated Press in 2021. “But most shoplifting cases are under $400 to begin with, so before Prop 47 and after Prop 47, there isn’t any difference.”
And even after being raised to $950, California’s felony threshold is lower than more than half of all other U.S. states: Deep red states like Montana and Kansas set theirs at $1,500, while Texas’s is set at $2,500.
“Under current law, prosecutors can already add together thefts that are demonstrably related, for example multiple thefts from the same store in the same week or skimming small amounts from your employer every day,” notes the Vera Institute of Justice, a nonprofit research and policy advocacy organization that supports criminal justice reform (and opposes Proposition 36).
In fairness, evidence indicates that certain crimes did increase after Proposition 47. “Driven by larcenies, property crime jumped after Prop 47 compared to the nation and comparison states,” according to a September 2024 report by the Public Policy Institute of California. At the same time, it wasn’t the biggest contributor: “Evidence is clearer that retail theft increased due to pandemic responses by the criminal justice system, and the increases were of greater magnitude than increases due to Prop 47.”
Similarly, a 2018 study in Criminology & Public Policy found “that Prop 47 had no effect on homicide, rape, aggravated assault, robbery, or burglary. Larceny and motor vehicle thefts, however, seem to have increased moderately,” but the rates of increase were both minor and had other potential causes.”
“On May 22, 2022, Michael Jennings, a pastor at a church in Childersburg, Alabama, was watering his out-of-town neighbor’s flowers when another neighbor called 911 to report a suspicious person. Two police officers, Christopher Smith and Justin Gable, soon arrived and began questioning Jennings.
Body camera footage of the incident shows that Jennings told the officers that his name was “Pastor Jennings” but refused to hand over his I.D. card, saying “I’m not gonna give you no I.D., I ain’t did nothing wrong….I used to be a police officer.”
“Come on man, don’t do this to me. There’s a suspicious person in the yard, and if you’re not gonna identify yourself—” said one of the officers, before Jennings interjected, “I don’t have to identify myself.”
The officers arrested Jennings, and he was booked at the Childersburg City Jail on obstruction of government operation charges. The charges were dropped just days later, and he then sued, claiming that the officers wrongfully arrested him and violated his constitutional right to be free from unreasonable search or seizure.
Last December a judge dismissed the suit, ruling that the officers had qualified immunity, protecting them from civil liability. (Qualified immunity is the doctrine that shields officials from federal civil rights claims unless their alleged actions violated “clearly established” law, with “clearly established” defined extremely narrowly.) But Jennings appealed, and last Friday a three-judge panel for the Eleventh Circuit Court of Appeals reversed the decision.”
…
“Even if the officers had a right to demand Jennings identify himself, Jennings still complied with the state’s ID requirements. He told the officers who he was, that he lived across the street, and why he was in his neighbor’s yard.
“While it is always advisable to cooperate with law enforcement officers,” the opinion reads, “Jennings was under no legal obligation to provide his ID. Therefore, officers lacked probable cause for Jennings’ arrest for obstructing government operations because Jennings did not commit an independent unlawful act by refusing to give ID.”
With the court’s decision, Jennings can continue suing the officers who wrongfully arrested him. But it shouldn’t have taken this intervention for Jennings to be able to lodge his lawsuit in the first place. Stringent qualified immunity protections made police officers—and other government actors—virtually unaccountable for violating citizen’s rights. The fact that Jennings’ clear-cut case was dismissed in the first place reveals the deep flaws in that system.”
“”Criminal laws have grown so exuberantly and come to cover so much previously innocent conduct that almost anyone can be arrested for something,” Supreme Court Justice Neil Gorsuch observed in 2019. Gorsuch elaborates on that theme in his new book Over Ruled, showing how the proliferation of criminal penalties has given prosecutors enormous power to ruin people’s lives, resulting in the nearly complete replacement of jury trials with plea bargains.
“Some scholars peg the number of federal statutory crimes at more than 5,000,” Gorsuch and co-author Janie Nitze note, while “estimates suggest that at least 300,000 federal agency regulations carry criminal sanctions.” The fact that neither number is known with precision, they suggest, speaks volumes about the “unpredictable traps for the unwary” set by the government’s ever-expanding rules.
To illustrate “the human toll” of “too much law,” the book tells the story of Florida fisherman John Yates, whose grueling legal odyssey began with the charge that he had discarded undersized red grouper. That alleged act supposedly violated a law aimed at deterring the destruction of potentially incriminating financial records. Gorsuch also recalls the pretrial suicide of 26-year-old computer programmer Aaron Swartz, whom prosecutors threatened with “decades in prison and millions in fines” for downloading a bunch of articles from an online academic library without permission.
Over Ruled emphasizes how overmatched ordinary people are in disputes with bureaucrats empowered to write the rules under which they operate. Those nemeses include officials charged with dispensing government benefits, deciding whether immigrants can remain in the country, and enforcing the frequently arbitrary and petty restrictions inspired by COVID-19. Gorsuch also decries draconian prison sentences and mass incarceration, again illustrating how his supposedly right-wing instincts frequently overlap with progressive concerns. His compassion for people confronted by bewildering, absurdly punitive legal codes defies ideological stereotypes.”
“There is a “small number of non-detained migrants” who have been convicted of homicide but can’t be sent back to their home countries after serving their time, mostly because the U.S. doesn’t have repatriation agreements with those countries, Nowrasteh says. A 2001 Supreme Court decision bars ICE from indefinitely keeping someone in immigration detention, but “non-detained” people are often still subject to ICE check-ins or electronic monitoring.
Trump is also wrong to claim that these individuals all came to the U.S. under the Biden administration. The list “includes individuals who entered the country over the past 40 years or more,” explained the Department of Homeland Security in a Saturday statement, “the vast majority of whose custody determination was made long before this Administration.””
…
“The number of convicted criminals on ICE’s nondetained docket hasn’t grown significantly under President Joe Biden, reported The Washington Post’s Glenn Kessler. In August 2016, five months before Trump took office, there were 368,574 on the docket; in June 2021, five months into Biden’s presidency, there were 405,786; and in December 2022, nearly two years into Biden’s presidency, there were 407,983.
As he campaigns ahead of the presidential election next month, Trump has routinely said outrageous, misleading, and false things about immigrants and crime. He often talks about a “migrant crime” wave and claims that it “is taking over America.” Much like his migrant murderers claim, the true picture looks very different. Crime decreased in the cities that received the most migrants through Texas’ Operation Lone Star busing activities, per NBC News. “The most recent significant crime spike in recent years occurred in 2020,” Cato Institute Associate Director of Immigration Studies David J. Bier told Reason in March, “when illegal immigration was historically low until the end of the year.”
Trump paints a terrifying picture of migrants and migration, but the reality is far more nuanced and far less dangerous than he would suggest.”
“The New York Police Department (NYPD) has a history of protecting bystanders by shooting them. This March, when Brooklyn man Nathan Scott tried to shoot a mugger who had his wallet, the NYPD killed Scott and wounded an auto mechanic across the street. In 2013, after a man in a road rage incident made finger guns and reached for his pocket, the NYPD tased the man and shot two women nearby. In 2012, after a disgruntled ex-employee murdered his coworker outside the Empire State Building, the NYPD shot the murderer along with nine bystanders.”
…
“After chef Derrell Mickles allegedly snuck into a subway station without paying his fare on Sunday, the NYPD tried to arrest him. They claim that Mickles muttered “I’m going to kill you if you don’t stop following me” and drew a knife. (Mickles’ mother says the knife was from his job.)
After failing to subdue Mickles with a taser, the officers shot him, two bystanders, and one of their own in the crowded station.”
…
“Mickles was within seven feet of the officers when they shot him, the NYPD says. Police are traditionally taught the “21-foot rule,” which says that a suspect holding a knife within 21 feet is close enough to pose an immediate threat. But the 21-foot rule is not a license to start shooting anyone within that distance”
“I can’t speak to whether the allegations against Combs are true. But reading the indictment, a few things jump out that I can comment on. The first is how—once again—the Mann Act rears its ugly head, making criminal what really should not be a crime. The second is how federal prosecutors are (once again) stretching the application of sex trafficking laws to conduct that goes beyond the sort of actions they were originally pushed to target. And the third is how the racketeering conspiracy charge opens up the government to seizing way more assets than they would otherwise be allowed to seize.”
…
“Merely transporting someone across state lines to engage in sexual activity should not be a crime. If there’s abduction or coercion involved, that is the criminal activity. We don’t also need a law criminalizing the mere transportation element. It’s like making opening the door to a bank during the commission of a bank robbery its own separate crime.
But the Mann Act lets federal prosecutors charge people whom they don’t otherwise have cause to arrest or, in situations like Combs’ case, to ratchet up the charges, perhaps in service of producing a plea deal.
Combs is charged with violating the Mann Act for allegedly making “arrangements for women and commercial sex workers to fly to [his] location.” The alleged sex workers involved were all men.
The indictment contains no allegation that he forced or coerced these sex workers into anything. But if he arranged for their travel, across state lines and internationally, the feds have him on a Mann Act violation.”
…
“So what about the other charges? Combs allegedly induced women to participate in sex parties he called “Freak Offs,” which the indictment describes as “elaborate and produced sex performances that COMBS arranged, directed, masturbated during, and often electronically recorded.” For these parties, Combs would allegedly hire male sex workers for women to hook up with.
So far, so what? The only potential crime in all that is hiring the male sex workers. But soliciting prostitution is not a federal crime (though it is a state or local crime almost everywhere in the country). And it’s possible no one involved thought of this as prostitution. According to the indictment, Combs would frequently film the sex acts at these “Freak Offs.” Making porn is not illegal if all parties are consenting.
The indictment goes into some detail about these alleged sex parties. But while it’s heavy on lurid description, its light on actual criminal acts.”
…
“it doesn’t say that he forced anyone to do drugs or gave anyone drugs surreptitiously.
Even many of Combs’ alleged means of coercing women to participate in these parties are likely legal. They include activities that might well be controlling in certain contexts but not necessarily criminal—things like making “promises of career opportunities,” giving them financial support (or threatening to withhold it), “dictating [their] appearance,” and “monitoring their medical records.”
However, that’s not all that Combs is accused of doing. The indictment also says he used “the sensitive, embarrassing, and incriminating recordings that he made during Freak Offs as collateral to ensure the continued obedience and silence of the victims.”
And it accuses him of having assaulted some of the women, “striking, punching, dragging, throwing objects at, and kicking them.”
Several women have previously accused Combs of sexual assault. And at least one video was made public last fall of Combs punching and kicking Casandra Ventura, an R&B singer who goes by Cassie. (Ventura sued him in civil court, saying Combs had raped her, physically assaulted her, and forced her to have sex with other men while he filmed. The suit was settled a day after Ventura filed it.)”
…
“We’ve got one charge for something that should not be a crime (transportation of willing adults). Even if Combs did this, it should not matter, morally or legally.
Then we’ve got allegations of the sort of violence and abuse that definitely should be illegal—albeit not the purview of the federal government. If Combs did these things, they are both morally abhorrent and should be prosecutable under state criminal laws.
Then we’ve got this third, murkier business—the sex parties—that it’s hard to know what to make of.
And this murky third element is the thing that the federal government really needs to justify this case. It’s the area where the indictment has devoted the most attention, and also where the lines between legal adult activity and criminal sex trafficking are blurry.”
…
” According to the indictment, Combs used his “power and prestige,” along with “the pretense of a romantic relationship,” to “lure” women to him. So…he was a rich and famous dude who women were drawn to and he maybe used that to his sexual advantage? That may be cad-like behavior, but it is not (nor should it be) illegal.”
…
“the alleged trafficker—Combs—is accused of paying money to consenting sex workers and using force or coercion to find sex partners for them. It’s not the sex workers who are allegedly being trafficked but the people whom the sex workers are paid to have sex with.”
…
“Is that really sex trafficking? It seems like prosecutors are once again stretching the definition.
Sex trafficking statutes were enacted with a promise of stopping forced prostitution. But prosecutors and people bringing civil lawsuits have found all sorts of creative ways to use them, hurling sex trafficking allegations at social media websites, software companies, and sex workers themselves, as well as people engaged in a wide array of odd or bad behavior adjacent to sex”
…
“Combs may well have engaged in some nasty, abusive, and criminal behavior. But things can be nasty, abusive, and even criminal without necessarily being sex trafficking.”
“Former President Donald Trump on Sunday called for “one real rough, nasty” and “violent day” of police retaliation in order to eradicate crime “immediately.”
The remarks — delivered by Trump at a rally in Erie, Pennsylvania, just 36 days before the election — did not amount to a new policy proposal, according to a Trump campaign official.”