tag:blogger.com,1999:blog-6238764490786855274.post8574124052034816479..comments2024-03-20T10:44:31.869-05:00Comments on D.A. Confidential: Too harsh? More on enhancements...D.A. Confidentialhttp://www.blogger.com/profile/08445074681227492215noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6238764490786855274.post-50567993260860753722012-05-21T14:35:15.643-05:002012-05-21T14:35:15.643-05:00If a person went to prison in the 90's for a d...If a person went to prison in the 90's for a drug charge, and later is in trouble again for a drug charge which they say the drugs wasn't theirs can that be enhanced? Also if 2 people are in a vehicle, and the police search the vehicle because they saw an open beer can, and finds a serenge on the passenger side shouldn't they charge both people with this crime?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-30135102189051515192010-01-07T23:35:21.015-06:002010-01-07T23:35:21.015-06:00thanks for clearing that up, DAC. I still don'...thanks for clearing that up, DAC. I still don't know where I stand on the continuum of GfB's position and your position, both of which make a lot of sense. looking forward to more posts, keep up the good work!RGnoreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-89618047118011603782010-01-06T21:37:47.571-06:002010-01-06T21:37:47.571-06:00No. I think Gritsforbreakfast's point is abso...No. I think Gritsforbreakfast's point is absolutely right.<br />As for the specific issue, it's not a DWI that should send someone to life in prison. There are other crimes that are likely to also happen, such as manslaughter, or assault with a vehicle, or others, when someone is that stupid. Those are the reason to send someone to jail for life.<br />If none of these additional issues are present, we're really talking about a future danger of serious crimes, not present ones. If so, it's uncomfortably close to the idea that we should people to jail because some of the things they've done statistically indicate they'll turn into murders.<br />And perhaps if someone really is so deluded that they don't understand the cause-effects of driving drunk, is there's any doubt they're not mentally competent to make serious decisions? Including participating in their trial. I understand our prisons are serving as replacement for many closed mental institutions, but perhaps that's not for the best.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-55391672532833874022010-01-06T08:52:29.348-06:002010-01-06T08:52:29.348-06:00Well, I don't think that's entirely fair. ...Well, I don't think that's entirely fair. Enhancements are designed, and used, on the "stick" end of the criminal justice approach. Answer me this: if an individual has received treatment (paid for by the state) and continues to risk other people's lives after repeated chances, is it really "jacking up the sentence"? Give me a good alternative for the guy who is on 25 year parole for DWI, drives drunk again, but refuses to acknowledge either his guilt or his addiction?<br />Could it be that only 2% of cases go to trial because the police all do a thorough job, arrest the right person, and the DA's office works out a fair plea deal? It's certainly possible, right?!D.A. Confidentialhttps://www.blogger.com/profile/08445074681227492215noreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-53993887799990596392010-01-06T08:24:32.528-06:002010-01-06T08:24:32.528-06:00So the short answer is that enhancements are prose...So the short answer is that enhancements are prosecutorial <i>choices</i> that allow you to jack up the sentence on small-time offenses to the point where no rational person would assert their rights and reject a plea bargain. No wonder less than 2% of felony cases go to trial.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.com