“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.”
“”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 will always be websites willing to provide porn without carding viewers. These platforms are also less likely to take other steps to stay within regulatory or creator-protective limits,” Reason’s Elizabeth Nolan Brown wrote in March. “By driving viewers away from platforms like Pornhub—sites that engage in at least some content moderation, are relatively receptive and responsive to authorities, and are willing to forge mutually beneficial partnerships with porn creators—age verification laws could actually increase viewership of exploitative or otherwise undesirable content.””
“intersex is actually an umbrella that covers four parts of human biology: chromosomes, those X’s and Y’s that carry genetic information; gonads, the organs that produce eggs or sperm; the mixture of hormones coursing through a person’s veins; and what their genitalia looks like. An intersex person might have differences in one of these areas, or all of them.”
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“Not only is gender a spectrum, but actual physical, biological sex is a spectrum … And so it’s impossible to fit these bodies into a single box.”
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“Wong says it’s hard to know for sure what the rate of intersex traits are because there are so many differences that could be counted and because some differences go unnoticed without genetic testing — which most Americans never do. But she and Fraser worry that these laws could mandate that kind of test, say for participation in sports.”
“The distinguishing feature of “stand your ground” laws is that they eliminate the duty to retreat for people confronted by threats of violence in public places. The shooting of Ralph Yarl did not happen in a public place; it happened on the doorstep of the man who shot him. The shooting of Kaylin Gillis likewise happened on the property of the man who killed her. New York, in any event, is not one of the 28 states with “stand your ground” laws. And as Reason’s J.D. Tuccille notes, the Texas cheerleaders, Payton Washington and Heather Roth, “were chased by their assailants, which isn’t self-defense by any understanding.”
So why does NPR suggest that any of these defendants might successfully invoke a “stand your ground” defense? You got me.
A recent New York Times article that begins by citing the shootings in Missouri and New York is equally hazy on the relevance of “stand your ground” laws. Reporter Adeel Hassan compounds the confusion by mentioning a Florida jury’s 2013 acquittal of George Zimmerman, who was charged with second-degree murder and manslaughter after he shot 17-year-old Trayvon Martin.
Zimmerman argued that he reasonably feared for his life when Martin pinned him to the ground, punched him, and smacked his head against the pavement. That account was supported by physical evidence and witness testimony. Given those circumstances, the absence of a duty to retreat did not figure in Zimmerman’s defense or in the verdict.
Politico reporter Brakkton Booker nevertheless asserts that Florida’s “stand your ground” law was “central” to Zimmerman’s trial. Booker also thinks the shooting of Ralph Yarl “has all the ingredients to revive the national debate over ‘stand your ground’ laws,” although he never explains why.
Hassan at least correctly distinguishes between “the common-law ‘castle doctrine'” and “stand your ground” laws. The castle doctrine says people have no duty to retreat when they are confronted by intruders in their own homes. “Stand your ground” laws, Hassan notes, “go further” because they “apply anyplace where a person has a legal right to be, not just at home.” He cites Florida’s law as an example.”
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“Texas has a similar law. It allows someone to use deadly force when he “reasonably believes” it is “immediately necessary” to protect himself against the “use or attempted use of unlawful deadly force.” It adds that “a person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.””
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“Homicide defendants do sometimes invoke the absence of a duty to retreat in public places, although often implausibly and unsuccessfully, and there is a legitimate debate about whether that extension of self-defense law is fair and prudent. But that debate is muddied whenever news outlets bring up the controversy in contexts where it is plainly irrelevant.”
“Signed into law by Republican Gov. Ron DeSantis in April 2022, the law prohibits private employers and university professors from endorsing certain concepts related to race and other categories of identity. The statute drew lawsuits almost immediately. A number of employers and a diversity consultant challenged a provision that says private employers may not require employees to attend a training or activity that promotes any of eight listed concepts.
Chief U.S. District Judge Mark E. Walker, writing for the U.S. District Court of the Northern District of Florida, Tallahassee Division, then issued an injunction against enforcing that provision. “Normally, the First Amendment bars the state from burdening speech, while private actors may burden speech freely,” Walker wrote. “But in Florida, the First Amendment apparently bars private actors from burdening speech, while the state may burden speech freely.”
In November, Walker issued another injunction, this one blocking a similar section of the law that applies to university professors. He accused the state of essentially arguing that “professors enjoy ‘academic freedom’ so long as they express only those viewpoints of which the State approves,” a position Walker described as “positively dystopian.”
“The First Amendment does not permit the State of Florida to muzzle its university professors, impose its own orthodoxy of viewpoints, and cast us all into the dark,” he concluded.
It is this November injunction the 11th Circuit just left in place.
“Conservatives who cheer on the Florida law should consider what liberal states—or, for that matter, a Democratic-controlled Congress—could do if allowed to engage in similar regulation,” Ilya Somin, a law professor at George Mason University, warns at The Volokh Conspiracy. “The same powers that Florida uses to target ‘woke’ employer speech can just as easily be used against conservative employers.””
“A legal market with high taxes and overly stringent regulations is still a market in which people aren’t arrested and jailed. Rules can be loosened to what people will tolerate, as they have been elsewhere. But New York officials have yet to learn that markets function based on the choices of participants. The wishes of government regulators who want to use them as social-engineering tools and ATMs don’t really matter. Marijuana markets will thrive so long as there are customers to be served. The question is whether they will thrive in the open under light taxes and regulations, or underground to escape the heavy hands of politicians.”
“Since the Dobbs decision, Wisconsin clinics have been proceeding as if abortion is now illegal in the state based on an 1849 law banning the procedure, except to save the life of the mother. However, state Attorney General Josh Kaul, a Democrat, has said he won’t enforce the ban, and Democratic Gov. Tony Evers promised to pardon any doctors convicted of performing an abortion. In fact, on Tuesday, Evers and Kaul announced a legal challenge to the 1849 ban. (Evers has also said he is considering executive action that would limit local prosecutors’ ability to enforce the law.)
But Kaul and Evers could both lose reelection in 2022. Evers’s loss would be especially consequential: Not only might doctors once again face jail time for performing abortions if the 1849 ban is determined to be operative, but also, if it is not, a Republican governor could join forces with the Republican-led legislature to pass a modern abortion ban. The opposite situation — Democrats winning the legislature and working with Evers to enact new abortion protections — is pretty much off the table, though. Wisconsin’s state-legislative maps are heavily biased toward the GOP, so Democrats do not have a realistic shot at winning either chamber.”