Florida does it again: Soda theft bumped up to felony

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Re: Florida does it again: Soda theft bumped up to felony

Post by Vendetta »

Simon_Jester wrote:Don't we often argue that this is a problem in things like class-action lawsuits and fines levied against corporations, that the punishment is so small that the offender has every reason to just write it off and commit the same crime over again? If it's true for large corporations, why wouldn't it be true for individuals? If Polluteco can write off a million dollar fine as an occasional cost of doing an otherwise profitable business, why wouldn't I write off a twenty dollar fine the same way?
The difference being that the fines levied against corporations are small in proportion to the revenue they gained from doing the thing you fined them for.

If you write off a $20 fine for stealing a $1 soda, good on you, the rest of us can yack it up about you paying $19 tax on that $1 item.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Omega18 »

I find the deterrent is not effective argument rather nonsensical when we're talking about situations like these.

You can make the argument with the death penalty and murder to a degree because you can take the position murder is usually about such strongly held feelings and urges that the person will commit the act anyways. (However it also is pretty obvious that more murders would be committed if the perpetrator knew they would get a 50$ fine and a bit of community service if caught.)

When you're talking about a crime like theft, the reality is an awfully large number of people are deterred by the threat of serious punishment. While there are people who will simply do the right and moral things no matter what, there are others for which this is unfortunately not the case. There are some other people who may be effectively deterred by evidence through potential punishments imposed that society treats the act as a serious crime and disproves of it. In most other cases, the person won't simply assume there is no risk of getting caught, but will engage in some sort of risk reward calculation, even if the thought process may be somewhat imperfect. This means that the person may be willing to risk for example a 20$ fine for stealing the soda even if there is a higher than 1 in 20 risk of getting caught, but they are not willing to risk jail time. You may have the occasional person who compulsively steals no matter, but those are people who really should end up getting stuck in jail. In some cases, getting caught and actual facing serious punishment should be an effective deterrent against further behavior of this type.

In this case the individual has already had opportunities to reform himself. Its exceedingly likely that in addition to the times he has been caught, there have been other times he committed similar thefts and got away with it. As noted, realistically the individual will still have an opportunity to turn his life around if he is convicted of a felony if he chooses to take it. We're not talking about him getting sentenced to life in prison here.

As noted, these kinds of thefts can have a genuine impact on a business over the course of a year on individual franchisee owners or mom and pop operations running stores hit by similar acts. There is also at least a little bit of indirect impact where employees have to worry more about watching out for these kinds of thefts and less on providing good customer service. (While McDonald's may not exactly strike you as the best in this area, there are degrees of service and a certain point where you are going to notice a difference.)
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Re: Florida does it again: Soda theft bumped up to felony

Post by The Duchess of Zeon »

How come speeding and unsafe lane changes, which can kill people, are fines, and stealing a $1.00 soda isn't ? I'm in the fine category, though I think it could even be like $65.00 bucks for stealing something in value between $0.01 - $5.00, the same way it's around $65.00 in my home state for a 0 - 5 mph over the limit speeding fine. You stole even $5.00 worth of merchandise from a store, you have to pay restitution, and you have to pay a $65.00 fine to the government as a tax on your stupidity and the fee for processing the case. Then it gets treated on your record like a speeding ticket; case closed. Now if you don't pay the fine, then it becomes a misdemeanor. I'd go so far, furthermore, as to say that this should probably work up to on the order of a five hundred dollars worth of merchandise (say, a ten thousand dollar fine for that) being only a citation, and it becomes a misdemeanor if you fail to pay restitution and the fine. Only above that point is it an automatic criminal punishment, and I don't think it should be lawful to slap someone with a felony until they've stole something worth more than, say, roughly about $1,500.00. If they refuse to pay the fine, then it becomes a misdemeanor and gets prosecuted as such. Simple, no? Jail time is still in the equation then, it's just not the first recourse.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Simon_Jester »

What about inability to pay?
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Re: Florida does it again: Soda theft bumped up to felony

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Community service.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Civil War Man »

Simon_Jester wrote:How well does that argument hold in the extreme limiting case? Would it make sense to just... stop punishing criminals at all?
The whole point of the argument is that the justice system is not about preventing crime, so it is futile to enact stuff like the death penalty or x-strike laws in order to deter potential offenders, because those types of punishments will not deter anyone.

So the current system does not act as a deterrent, and it's obviously not concerned with rehabilitation since it does nothing to address the cause of a crime and exiles convicts to the fringes of society. So as is, the point of the justice system is punishing offenders and redressing grievances. But such a system is not fair unless the punishment is proportional to the offense committed.
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Re: Florida does it again: Soda theft bumped up to felony

Post by The Duchess of Zeon »

Aaron MkII wrote:Community service.

Yeah, letting them work it off with community service would be fine. A $65.00 fine would be, like, 8 hours of community service assuming it counts for the equivalent of minimum wage? (at least it would be in my home state). So, there you go. Make 'em work for eight hours picking up trash on the side of the road and it's good and done. The restitution would have to be paid in cash, though, or else return of the item in question if intact and still sellable.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Andras »

This guy isn't just a petty thief, he has at least 12 felony charges since 1987, and 29 other misdemeanors on his record.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Aaron MkII »

And what is the nature of them?
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Re: Florida does it again: Soda theft bumped up to felony

Post by Omega18 »

The Duchess of Zeon wrote:How come speeding and unsafe lane changes, which can kill people, are fines, and stealing a $1.00 soda isn't..and I don't think it should be lawful to slap someone with a felony until they've stole something worth more than, say, roughly about $1,500.00. If they refuse to pay the fine, then it becomes a misdemeanor and gets prosecuted as such. Simple, no? Jail time is still in the equation then, it's just not the first recourse.
There is a big flaw in your argument in that at least in most states in the U.S. I am aware of, you don't simply get a fine for speeding or an unsafe lane change, but also points on you license. If you get too many points, your drivers license either gets suspended or revoked, which is an extremely serious consequence in most of the U.S. In other words, the initial consequences are not that serious, but the cumulative impact is something else. There is also the risk that if you're engaging in such unsafe driving behavior and end up having a serious accident, the consequences can be much more serious.

The massive flaw in your idea is it would encourage professional shoplifters to go just under given dollar amounts since they know the risk reward ratio is so favorable. This would be especially true of just under the 1,500$ mark. The size of the fines you're thinking of are actually generally higher than currently imposed at least when you get above a few dollars for the value of the item. In practice allot of thieves would at least a first take limited jail time if all they have to worry about is a misdemeanor. (It could actually be a calculation that eventually you pay to avoid jail time if you have been caught enough, but this is merely a cost of doing business which you can deal with if you're good enough at this. The whole deterrent situation becomes less effective if you know you never have to potentially worry about felony charges for what you're doing no matter how many times you get caught.)

Another practical problem is that such a system would currently leave someone who constantly steals 1$ sodas and the like to continue this behavior without the court recognizing what a public nuisance the person has become and eventually responding more strongly. A key point of actual criminal charges is they are left on your record so future courts know about them when deciding how to treat you. While driver licenses have the points system, the rest of our justice system really is not set up to deal with a fine only situation.

While perhaps less of a concern for shoplifting than most other crimes, there is also a bit of a concern regarding the social justice issue and how much more serious the consequences for someone who gets caught shoplifting and is really poor. (I.E. there are actually a few rich people out there who steal for the sheer thrill of it, so there would be dramatic differences in the typical consequences if they get caught versus someone who can't afford the fine.)
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Re: Florida does it again: Soda theft bumped up to felony

Post by Omega18 »

Civil War Man wrote: The whole point of the argument is that the justice system is not about preventing crime, so it is futile to enact stuff like the death penalty or x-strike laws in order to deter potential offenders, because those types of punishments will not deter anyone.

So the current system does not act as a deterrent, and it's obviously not concerned with rehabilitation since it does nothing to address the cause of a crime and exiles convicts to the fringes of society. So as is, the point of the justice system is punishing offenders and redressing grievances. But such a system is not fair unless the punishment is proportional to the offense committed.
Frankly I view some elements of this argument as mostly nonsensical. You can question the death penalty and the system should be a better job with rehabilitation in general, but other arguments are more dubious.

While the 3 strikes law as it has been imposed in California in the past may be flawed, (as it does not leave enough discretion concerning the circumstances to the judge and in general goes overboard with mandatory life sentences) this does not mean there is not a very convincing case for treating repeat offenders differently. These are the people who didn't learn their lesson from previous convictions. In some cases at least, there is strong reason to believe that if someone has already been caught at least once and knows they will suffer a more serious consequence if they are caught again, they will decide its not worth it and stop their criminal behavior. There is also significantly a certain point where you can make a convincing case that someone is a career criminal who is unwilling to change their ways no matter how many times they are caught, so the best solution for society is to stick him in jail for quite some time so he will quit troubling society. (There is also strong evidence that people who really have no respect for society's laws are much more likely to commit more serious crimes in the future than the general population.)
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Re: Florida does it again: Soda theft bumped up to felony

Post by The Duchess of Zeon »

Omega18 wrote: There is a big flaw in your argument in that at least in most states in the U.S. I am aware of, you don't simply get a fine for speeding or an unsafe lane change, but also points on you license. If you get too many points, your drivers license either gets suspended or revoked, which is an extremely serious consequence in most of the U.S. In other words, the initial consequences are not that serious, but the cumulative impact is something else. There is also the risk that if you're engaging in such unsafe driving behavior and end up having a serious accident, the consequences can be much more serious.
Washington State doesn't have a point system, and the last time I checked, I was making my argument entirely about modifying the laws in my own state, without reference to other states, but with plenty of reference to our minimum wage, etc. The constitution doesn't require the same sentence for petty theft in every single US state, and I'm not going to change Alabama.

At any rate, sooner or later a person engaging in petty theft will run out of money or time to pay fines and go to jail under the system I have just described. Yes, a rich person can get away with more, but a rich person can also pay all their driving fines until they lose their license.. And then hire a driver for themselves! So, clearly, speeding tickets and point systems don't fall equally upon people of different income levels either.
The massive flaw in your idea is it would encourage professional shoplifters to go just under given dollar amounts since they know the risk reward ratio is so favorable. This would be especially true of just under the 1,500$ mark.

In some states stealing more than a thousand dollars can be a felony as it is, so how does that mark change anything at all except to make it a bit higher before a felony kicks in? Your argument has no basis in reality. the system already has those gradations, duh.
The size of the fines you're thinking of are actually generally higher than currently imposed at least when you get above a few dollars for the value of the item. In practice allot of thieves would at least a first take limited jail time if all they have to worry about is a misdemeanor. (It could actually be a calculation that eventually you pay to avoid jail time if you have been caught enough, but this is merely a cost of doing business which you can deal with if you're good enough at this. The whole deterrent situation becomes less effective if you know you never have to potentially worry about felony charges for what you're doing no matter how many times you get caught.)
I simply don't believe deterrent works on issues like this. Reform does, and community service is a reasonably effective reform method for petty theft. In some states, furthermore, it is already that the case that it NEVER becomes a felony for certain forms of petty theft no matter how many times you commit it. So you're, again, not even critiquing my points based on reality. Are you arguing that all crimes should have gradations where you get a more serious offence each time? Do you have any proof that's effective? Because no study has ever shown deterrence to work.
Another practical problem is that such a system would currently leave someone who constantly steals 1$ sodas and the like to continue this behavior without the court recognizing what a public nuisance the person has become and eventually responding more strongly. A key point of actual criminal charges is they are left on your record so future courts know about them when deciding how to treat you. While driver licenses have the points system, the rest of our justice system really is not set up to deal with a fine only situation.
Uhhh, that's again simply not true, inaccurate, and not connected to reality. A driving abstract ultimately has offenses drop off with time (and if a guy steals a soda only once every five years that's worth a dollar, do the courts even need to know that, seriously? Can less than twenty bucks of theft over a human lifetime matter that much?)--but the court record is permanent and can be unsealed by court order. It just won't show up on a driving abstract. And the same here, duh, that you're going to have this available in sealed court records for the courts to look at. It just won't show up on background checks so you can't be discriminated against by prospective employers and landlords.
While perhaps less of a concern for shoplifting than most other crimes, there is also a bit of a concern regarding the social justice issue and how much more serious the consequences for someone who gets caught shoplifting and is really poor. (I.E. there are actually a few rich people out there who steal for the sheer thrill of it, so there would be dramatic differences in the typical consequences if they get caught versus someone who can't afford the fine.)

Again, that argument is invalid because there's presently already no mechanism to punish rich people who can hire drivers if they lose their license from many speeding tickets and who can take their ferraris to private tracks where they can still drive them at 200mph whenever they want. In short, this entire damned post I had to answer was nothing more than a giant strawman. Thanks for wasting my time.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Omega18 »

The Duchess of Zeon wrote: In some states stealing more than a thousand dollars can be a felony as it is, so how does that mark change anything at all except to make it a bit higher before a felony kicks in? Your argument has no basis in reality. the system already has those gradations, duh.
The difference appears to be that you are still making things easier for the professional shoplifter by increasing the dollar limit they can plan on getting away with on each theft. You are also apparently reducing the consequences if they get caught. Given the evidence suggesting how relatively rarely some processional shoplifters get caught, you've turned it into a potentially perfectly viable way to make a living if you lack any morals and are good enough at it.
I simply don't believe deterrent works on issues like this. Reform does, and community service is a reasonably effective reform method for petty theft. In some states, furthermore, it is already that the case that it NEVER becomes a felony for certain forms of petty theft no matter how many times you commit it. So you're, again, not even critiquing my points based on reality. Are you arguing that all crimes should have gradations where you get a more serious offence each time? Do you have any proof that's effective? Because no study has ever shown deterrence to work.
This element of your argument doesn't even vaguely reflect reality. Besides the obvious evidence of higher crime rates of this sort in areas where the rule of law has broken down enough, any sufficient examination of enough people honest enough who faced hard times would show some of them were deterred from resorting to theft by the threat of consequences to a significant degree. (Not everyone, but it certainly reflects some cases.)

While some people who go to jail re-offend, this is not true in all cases. There is also plenty of evidence from memoirs and interviews of individual cases that some people who spend a bit of time in jail decide they don't like it and they fear a worse punishment if they get caught again, so they use this as motivation to turn their lives around. There are plenty of memoirs and interviews the like out there of individuals who initially try to turn their life around, but eventually turn back to crime in desperation after other things don't work. The second case definitely does not mean deterrence did not work at all in that case, but merely that we need to put more effort into job training while in jail and the like, and expanding opportunities for the poor in order to get the full social benefits of this deterrence.

There simply are no creditable properly conducted studies showing deterrence doesn't work at all for these sorts of crimes. (There are going to be a few kleptomaniacs who can't help themselves and individuals who persuade themselves they won't get caught again, but they represent a limited portion of the crime poor.) You can certainly find individuals in jail who still ultimately decide to risk re-offending anyways, especially if they feel they don't have viable other options, but that's not the remotely same thing as deterrence not working at all. Proving the exact impact mathematically of something like specific different sentences is going to be extremely difficult given the complexities involving current social issues and the like and the practical reality no state is going to be willing to do something like change their laws from say being extremely harsh on shoplifting to extremely lenient for the next 3 years just to see if there is an impact, but that's entirely different than such an impact not existing.

As noted, there will be specific cases (this is completely different than most potential cases) where deterrence may not realistically work, but there is also a certain point where you can say someone has ignored their many opportunities and has continued to repeatedly ignore the laws of this country, so it is in society's best interest to stick that person in jail for a long time.

(Yes rehabilitation and other factors behind crime should get much more attention than they do, but this does not mean deterrence is not a relevant factor.)
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Re: Florida does it again: Soda theft bumped up to felony

Post by Civil War Man »

Omega18 wrote:While the 3 strikes law as it has been imposed in California in the past may be flawed, (as it does not leave enough discretion concerning the circumstances to the judge and in general goes overboard with mandatory life sentences) this does not mean there is not a very convincing case for treating repeat offenders differently. These are the people who didn't learn their lesson from previous convictions. In some cases at least, there is strong reason to believe that if someone has already been caught at least once and knows they will suffer a more serious consequence if they are caught again, they will decide its not worth it and stop their criminal behavior.
In cases where the crime is premeditated, they have already done a risk-reward analysis and believed that the risk of being caught was remote enough that the reward resulting from the crime was worth it. The severity of the punishment essentially does not matter in the decision-making process, because they don't believe they will have to suffer it. The idea that a more severe punishment acts as a deterrent is one of those things that sounds like it should work, but it breaks down when you take the motivations of the offender into account.

Plus, there is the treatment of ex-convicts. One of the reasons for high recidivism rates is that a criminal conviction severely limits any job prospects regardless of the circumstances of the crime. Convicts who can get work often get low-paying, high turnover jobs. In extreme cases, society effectively forces them to commit crimes again out of desperation, if it comes down to a choice between burglarizing a house or not eating.
There is also significantly a certain point where you can make a convincing case that someone is a career criminal who is unwilling to change their ways no matter how many times they are caught, so the best solution for society is to stick him in jail for quite some time so he will quit troubling society. (There is also strong evidence that people who really have no respect for society's laws are much more likely to commit more serious crimes in the future than the general population.)
At that point, why not have a mandatory death penalty? After all, if they are in prison for life without parole, society still has to pay for their room and board. Plus medical expenses, since the prisoner will not have any money to pay for their own insurance. They will not quit troubling society, because they act as a drain on society by consuming resources without contributing anything of their own.

Also can you provide this evidence you are talking about?
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Re: Florida does it again: Soda theft bumped up to felony

Post by Mr. Coffee »

Civil War Man wrote:The whole point of the argument is that the justice system is not about preventing crime, so it is futile to enact stuff like the death penalty or x-strike laws in order to deter potential offenders, because those types of punishments will not deter anyone.
Of course it isn't a deterrent. It says so right in the name, "Death Penalty" instead of "Death Deterrent" (That actually sounds like the name of a really fucked up life insurance policy). Anyone that thinks it's actually a deterrent is out of their goddamned mind.

Also, I'm not arguing for or against the death penalty because that way lies a storm of shit posting and terrible threads.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Omega18 »

Civil War Man wrote:Also can you provide this evidence you are talking about?
To come up with a source I found a quick search, there is the following. (I don't agree at all with the site's general position on gun control, but it provides useful data on this specific point.)
Excerpted from, Kates, Don B., et. al, Guns and Public Health: Epidemic of Violence or Pandemic of Propaganda? Originally published as 61 Tenn. L. Rev. 513-596 (1994):

"Looking only to official criminal records, data over the past thirty years consistently show that the mythology of murderers as ordinary citizens does not hold true. Studies have found that approximately 75% of murderers have adult criminal records, and that murderers average a prior adult criminal career of six years, including four major adult felony arrests. These studies also found that when the murder occurred "[a]bout 11% of murder arrestees [were] actually on pre-trial release"--that is, they were awaiting trial for another offense."

"The fact that only 75% of murderers have adult crime records should not be misunderstood as implying that the remaining 25% of murderers are non-criminals. The reason over half of those 25% of murderers don't have adult records is that they are juveniles. Thus, by definition they cannot have an adult criminal record."

Sources cited by the above excerpt:

An FBI data run of murder arrestees nationally over a four year period in the 1960s found 74.7% to have had prior arrests for violent felony or burglary. In one study, the Bureau of Criminal Statistics found that 76.7% of murder arrestees had criminal histories as did 78% of defendants in murder prosecutions nationally. In another FBI data run of murder arrestees over a one year period, 77.9% had prior criminal records [Guncite note: 50.1% had prior convictions (Kleck and Bordua at p. 293)]. Federal Bureau of Investigation, Uniform Crime Rep. 38 (1971).

The annual Chicago Police Department bulletin Murder Analysis shows the following figures for the percentage of murderers who had prior crime records:

1991: 77.15%
1990: 74.63%
1989: 74.22%
1988: 73.59%
1987: 73.81%

Five year average for 1987-1991: 74.68%...

San Francisco - In 1999, 74% of identified homicide suspects had prior criminal histories (source [pdf] [p. 176]). 67.5% of the homicide victims had a criminal history. 75% of juveniles and 48% of the adult homicide and assault victims had between 2 and 10 felony charges (source [pdf] [p.115]).

Indianapolis/Marion County - Homicide review conducted from 1997 thru mid-1998. Victims and suspects were chronic offenders.
Among homicide suspects:

75% had either an adult or juvenile criminal record.
An average of 3.7 adult arrests.
Those with a prior record averaged 6 adult arrests and 5.5 juvenile arrests.

Among homicide victims:

63% had adult or juvenile criminal records.
An average of 4.6 adult arrests.
Those with a prior record averaged 8 adult arrests and 4.5 juvenile arrests.
For the 206 suspects and victims:
1600 total arrests
500 arrests for violent crimes
800 convictions
53% of homicide incidents were drug-related

Minneapolis - Data was analyzed from January 1994 through May 1997. Nearly 45 percent of all homicides appeared to be gang related. More than 40 percent of gang members who were homicide victims or suspects had been on probation and 76.8 percent had arrest histories prior to the homicide incidents, with an average of 9.5 arrests. Suspects and arrestees had 7.4 prior arrests and victims had 7.5 prior arrests. (Source)

Tuscon - "In 2000, when domestic violence suspects are excluded, more than 70 percent of the accused had criminal records before they were charged with homicide." (Source)

Charlotte - "In a sample of 545 adult gunshot victims, 71% had been previously arrested, and 64% had been convicted of a crime, with an average of eleven arrests among those with a prior arrest record." (Kleck, Gary. Targeting Guns: Firearms and Their Control, p 3. Walter de Gruyter, Inc., New York, 1997. Citing Lumb, Richard C., and Paul C. Friday. 1994. City of Charlotte Gunshot Study. Charlotte: Department of Criminal Justice, University of North Carolina.)...

Volokh summarizes prior arrest data for homicide offenders from the report, Felony Defendants in Large Urban Counties, 1998:

81% of all homicide defendants have at least one arrest on their record.

66% have two or more arrests.

67% have at least one felony arrest.

56% have two or more felony arrests.

70% have at least one conviction.

54% have at least one felony conviction.
http://www.guncite.com/gun_control_gcgvmurd.html

There is additional data at the link in question, some of which is more useful to this specific argument than others.
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Re: Florida does it again: Soda theft bumped up to felony

Post by HMS Conqueror »

The salient point isn't that three strike laws don't deter people, but that the punishment is not proportionate to the crime.

I imagine introducing a death penalty for littering would have a strong deterrent effect but that would obviously be unjust. This is not so much the case for death penalty for murder, where whatever other objections one might have the punishment is quite clearly proportionate to the crime.

Thinking about it, maybe three strike laws should use the death penalty? The point is obviously not to proportionately punish a crime, but to "bin" presumptively useless and unreformable people. So if you accept that logic, why waste money housing them?
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Re: Florida does it again: Soda theft bumped up to felony

Post by The Duchess of Zeon »

Omega18 wrote: The difference appears to be that you are still making things easier for the professional shoplifter by increasing the dollar limit they can plan on getting away with on each theft. You are also apparently reducing the consequences if they get caught. Given the evidence suggesting how relatively rarely some processional shoplifters get caught, you've turned it into a potentially perfectly viable way to make a living if you lack any morals and are good enough at it.
If the majority of arrests today are of people who put that much planning into their crimes instead of being methheads or whatever looking for money for a hit, I'll eat my damned hat. This argument is retarded; if someone is a career criminal then no deterrence is going to stop them, and if career criminality is so successful then why don't more people do it?
This element of your argument doesn't even vaguely reflect reality. Besides the obvious evidence of higher crime rates of this sort in areas where the rule of law has broken down enough,
How the fuck is giving someone a fine and a threat of jail time if they don't pay it in any way similar to Somalia? So you're telling me that an intact criminal justice system magically collapses into Somalia if we dare let people off with a fine instead of a criminal record and jail time?
any sufficient examination of enough people honest enough who faced hard times would show some of them were deterred from resorting to theft by the threat of consequences to a significant degree. (Not everyone, but it certainly reflects some cases.)
And paying out even more money than you stole in fines and being threatened with jail time if you don't do so is not a deterrent to a rational individual? What kind of idiocy is this? Furthermore, if they're not rational, how can they be deterred at all? Oh, that's right, they can't. I think I should develop a Rational Actor Fallacy because it would certainly describe a lot of the bullshit that comes up in crime and economics threads: Any theory based on the average human being a rational actor is flawed by definition and cannot be admitted as an argument.
While some people who go to jail re-offend, this is not true in all cases. There is also plenty of evidence from memoirs and interviews of individual cases that some people who spend a bit of time in jail decide they don't like it and they fear a worse punishment if they get caught again, so they use this as motivation to turn their lives around. There are plenty of memoirs and interviews the like out there of individuals who initially try to turn their life around, but eventually turn back to crime in desperation after other things don't work. The second case definitely does not mean deterrence did not work at all in that case, but merely that we need to put more effort into job training while in jail and the like, and expanding opportunities for the poor in order to get the full social benefits of this deterrence.
You give anecdotes, I give facts:

recidivism rates = 74% rearrest rate for property offenders. Yeah, your deterrence is TOTALLY working, now, isn't it?

There simply are no creditable properly conducted studies showing deterrence doesn't work at all for these sorts of crimes. (There are going to be a few kleptomaniacs who can't help themselves and individuals who persuade themselves they won't get caught again, but they represent a limited portion of the crime poor.)
Deterrence FAILS, moron, the facts from the Department of Justice's website above proves it. Our current deterrence system FAILS. 74% of property crimes offenders are rearrested. Deterrence FAILS. That is the FACT.
You can certainly find individuals in jail who still ultimately decide to risk re-offending anyways, especially if they feel they don't have viable other options, but that's not the remotely same thing as deterrence not working at all.
So, deterrence not working isn't proof that deterrence isn't working? WTF?
Proving the exact impact mathematically of something like specific different sentences is going to be extremely difficult given the complexities involving current social issues and the like and the practical reality no state is going to be willing to do something like change their laws from say being extremely harsh on shoplifting to extremely lenient for the next 3 years just to see if there is an impact, but that's entirely different than such an impact not existing.
So basically you're saying that a fine + threat of jail time if you don't pay the fine will lead to a massive crime tidal wave from otherwise law abiding citizens? Are you part of the Criminal Justice Industry? Possibly work for a private prison? Because this argument is so fucked up and blatantly against the government's own facts that it seems like you have a hidden agenda.
As noted, there will be specific cases (this is completely different than most potential cases) where deterrence may not realistically work, but there is also a certain point where you can say someone has ignored their many opportunities and has continued to repeatedly ignore the laws of this country, so it is in society's best interest to stick that person in jail for a long time.

(Yes rehabilitation and other factors behind crime should get much more attention than they do, but this does not mean deterrence is not a relevant factor.)
Deterrence fails. Current system = 74% rearrest rate. That is OBJECTIVE FACT, not your subjective opinion you've been bloviating in this thread.
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Re: Florida does it again: Soda theft bumped up to felony

Post by The Duchess of Zeon »

HMS Conqueror wrote:The salient point isn't that three strike laws don't deter people, but that the punishment is not proportionate to the crime.

I imagine introducing a death penalty for littering would have a strong deterrent effect but that would obviously be unjust. This is not so much the case for death penalty for murder, where whatever other objections one might have the punishment is quite clearly proportionate to the crime.

Thinking about it, maybe three strike laws should use the death penalty? The point is obviously not to proportionately punish a crime, but to "bin" presumptively useless and unreformable people. So if you accept that logic, why waste money housing them?

Recidivism rates are so dramatically different between Scandinavian countries and the US that I think reform of the system along their lines would be genuinely useful. Note however that I divide this between crime society cannot prevent because society is incapable of making structural adjustments to entirely eliminate the causes of crime, which should be treated very lightly, and crimes which are direct attacks on the social fabric of the state, which need to be dealt with much more harshly. So while I support fines for petty theft instead of criminal records and convictions, I also support the death penalty for certain classes of crimes. I believe basically that there is a huge difference between crimes caused by social pressures on people and certain kinds of crimes which constitute explicit attacks on society itself.
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Re: Florida does it again: Soda theft bumped up to felony

Post by HMS Conqueror »

The Duchess of Zeon wrote:Note however that I divide this between crime society cannot prevent because society is incapable of making structural adjustments to entirely eliminate the causes of crime, which should be treated very lightly, and crimes which are direct attacks on the social fabric of the state, which need to be dealt with much more harshly. So while I support fines for petty theft instead of criminal records and convictions, I also support the death penalty for certain classes of crimes. I believe basically that there is a huge difference between crimes caused by social pressures on people and certain kinds of crimes which constitute explicit attacks on society itself.
This sounds vaguely sinister.

What do you consider a sufficient "pressure" to eliminate (or at least dramatically reduce) personal responsibility? I might consider imminent risk of death or bodily harm, but certainly not "I wanted his stuff!".

And what crimes would you impose the death penalty for? Presumably not murder, since most of those are caused by the nasty social pressures that made me do it, so then what?
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Re: Florida does it again: Soda theft bumped up to felony

Post by Omega18 »

The Duchess of Zeon wrote: If the majority of arrests today are of people who put that much planning into their crimes instead of being methheads or whatever looking for money for a hit, I'll eat my damned hat. This argument is retarded; if someone is a career criminal then no deterrence is going to stop them, and if career criminality is so successful then why don't more people do it?
The reality is some of the professional shoplifters go to fairly elaborate means such as elaborately forging receipts and other careful aspects of planning, its not some spur of the moment thing.

Essentially right now the odds of getting caught and eventually facing consequences are enough to deter quite a few people from engaging in this behavior, lowering the penalties if you get caught can change this.
You give anecdotes, I give facts:

recidivism rates = 74% rearrest rate for property offenders. Yeah, your deterrence is TOTALLY working, now, isn't it?...

Deterrence FAILS, moron, the facts from the Department of Justice's website above proves it. Our current deterrence system FAILS. 74% of property crimes offenders are rearrested. Deterrence FAILS. That is the FACT..
In other words you lack sufficient evidence to really support your argument. (I never claimed it immediately worked perfectly or anything of the sort.) You didn't even attempt to address the question of how many would commit these crimes without the deterrence of any measurable really punishment at all. That's still incidentally 26% who don't get re-arrested at all. While I would need to do more research on the full implications of the stat, its only 53.4% who get convicted of another crime within 3 years. While undoubtedly a portion simply got lucky and didn't get convicted, there probably are cases where its more about hanging with the wrong crowd and racial profiling getting someone arrested rather than really additional criminal activity.

In a bunch of cases the person may have actually been deterred from the previous crime, but may have done something else criminal such as drug use, which means that deterrence may have worked to a degree but imperfectly. Another big point you are utterly ignoring is that a portion of those arrested again and facing more serious consequences actually are deterred after the second time with the threat of really more serious consequences in the future if they are caught again, so the actual percentage actually successfully ultimately deterred by from criminal activity by the future consequences even right now is higher than your were trying to give the impression with your stat.

Furthermore, even out of those who do re-offend with similar crimes, there is a huge amount of evidence (from examinations of these cases and simply the reality that many of them should have been re-arrested more quickly if they immediately went back to relying upon criminal activities the moment they got out of jail) that many of them do try to avoid committing crimes again, but feel forced into it when the feel they lack any other viable options. This means that we need to improve the rehabilitation process and improving general opportunities for everyone in the U.S., but does not mean deterrence does not have an impact at all in those cases. (Its just that society did not properly take advantage of the opportunity provided by this deterrence effect.)

You are making a good general argument against solely relying upon a deterrence only justice system to address crime, but that is not the position I am arguing for.
Last edited by Omega18 on 2012-04-24 05:52pm, edited 1 time in total.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Omega18 »

Edit: A mistaken post delete please.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Mr Bean »

HMS Conqueror wrote:
And what crimes would you impose the death penalty for? Presumably not murder, since most of those are caused by the nasty social pressures that made me do it, so then what?
Aside from Espionage, Terrorism... possibly acts that lead to mass casualties (My own personal belief) maybe?

What do I mean by mass causalities?
If I rob a store and shot two people one fatally that's jail time, or lace Halloween candy with cyanide and kill sixteen that's death penalty, if I burn down my house with my kids locked in a closet, prison but if I burn down an entire apartment complex(Six or more units) to kill my kids and kill them + a family that's death.

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Re: Florida does it again: Soda theft bumped up to felony

Post by The Duchess of Zeon »

Omega18, keep repeating the tired tropes, but here are more facts:

Recidivism rate in Norway - 20%.

So Norway, which relies on incredibly light and easy punishments which nobody could consider a deterrent, which explicitly avows deterrence, which avoids jail time whenever it can for convicts and then gives them jails as comfortable as hotels when it does imprison them, manages about one-third of the recidivism rate of the United States with our "deterrence" based system.

So there's all the bloody evidence you need; our system doesn't work, and deterrence and your falacious "hordes of people will start breaking the law like this minor change of giving people a chance to pay a fine instead of getting a misdemeanor conviction will instantaneously make them snort a line of coke and play Judas Priest while smashing windows" argument are simply no candle to mere reality.
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Re: Florida does it again: Soda theft bumped up to felony

Post by Andras »

Aaron MkII wrote:And what is the nature of them?
just the felony charges:
grand theft, dealing in stolen property
criminal trespass structure
poss firearm & violation of parole
burglary of a dwelling (x3)
att purchase controlled sub
smuggle contraband into county
petit theft, 3rd or sub offense (2007)
TRESPASS OCCUPIED STRUCTURE, CONVEYANCE
PETIT THEFT 3RD OR SUBSEQUENT OFFENSE (2012)

from
http://apps.collierclerk.com/public_inquiry/Search.aspx
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