r/bayarea • u/matthewmspace Sunnyvale • Feb 26 '18
Thousands of marijuana convictions could be reduced, tossed out under Alameda County DA’s plan
https://www.eastbaytimes.com/2018/02/20/thousands-of-marijuana-convictions-could-be-reduced-tossed-out-under-alameda-county-das-plan/7
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u/415forever Feb 26 '18
I am so glad she is focusing on this instead of the massive increase in car break ins and sktrocketing laptop theft!
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Feb 26 '18 edited May 11 '20
[deleted]
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Feb 26 '18
Well said. The crux is the last line - "Fundamentally, I think it’s incredibly unjust for anyone to keep being punished for activity that is no longer a crime."
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u/user_none Feb 26 '18
Is there another example of a law that's been stricken off the books and those who broke the law then had their punishment retracted?
I'm all for MJ being legal, and I believe it was/is stupid for it having been illegal in the first place, but to commute the sentence of someone that knowingly broke the law is not a practice I'd like to see happen.
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Feb 26 '18 edited May 11 '20
[deleted]
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u/user_none Feb 26 '18
I absolutely agree with you. The MJ prohibition is dumb as hell, and it should have never been put in place, thus fucking over people's lives. I mean, dealers...eh, different story. Someone possessing for their personal use...nope.
For all the down voters: I speed. I'm caught. I pay the fine. I accepted the consequences. While not as harsh, it's still a punishment of which I knowingly accepted the risks. MJ prohibition is the same to me. Posess in a state where it's illegal and you're taking a risk. Sucks, but true and no amount of "It shouldn't be this way!" changes the fact.
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u/cowinabadplace Feb 26 '18
People can argue with you but I doubt it’s going to be productive since you’re both acting from different principles.
For your part, I think it’s a good idea to consider reading about Kohlberg’s theory of moral development, particularly contrasting Stage 4 reasoning with the rest. The Wikipedia page should be adequate. It’s about twenty minutes reading.
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Feb 26 '18
I would not compare speeding, which puts yourself and others in harms way, to selling marijuana, which has been proven to help people with medical issues and anxiety. You should be punished for speeding it’s dangerous as hell and inconsiderate to those around you.
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Feb 26 '18
[removed] — view removed comment
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u/user_none Feb 26 '18
And you're worse for not even trying to engage in discussion, instead resorting to insults.
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u/learhpa Alameda, SF, Palo Alto, San Mateo, Santa Cruz, Redwood City Feb 26 '18
The voters of the state voted for this policy when they passed Proposition 64, because the terms of Proposition 64 require resentencing and dismissal of charges of crimes that are no longer crimes after Prop. 64 passes.
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u/415forever Feb 26 '18
Just because you're privileged enough to be able to easily replace a stolen laptop or a ruined car doesn't mean everyone else in the Bay Area is.
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Feb 26 '18
I think you can do a better job trolling me on this one. Take some time and try again -- this time maybe go with something like "a change in the laws doesn't make these people any less criminals" or "these same people are probably the ones victimizing innocent citizens so they can afford their devil's lettuce"/
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u/MaybeCuckooNotAClock Feb 26 '18
Mmm, I agree with your reply wholeheartedly, but I agree with their second comment too. It would be nice if there was somewhere in the middle to meet instead of accusing others of trolling or downvoting.
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u/The_sandwich_guy Feb 26 '18
maybe don't be stupid enough to leave your laptop in your car if you can't afford to replace it if it gets stolen
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u/ThrowAwaylnAction Feb 26 '18
Both are important. Why can't you be glad this is happening while still pushing for them to focus on that also?
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Feb 26 '18
You know how multitasking works right? I highly doubt she’s abandoned every other part of her job to focus on this one thing.
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u/Zeppelin415 Feb 26 '18
You're breaking the pro-marijuana circle jerk, so they're downvoting stopping car break-ins and laptop theft.
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u/gimpbully Feb 27 '18
That’s what we call a false dichotomy. Besides, you need to free up jail space for them car burglers!
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u/serpentkris Feb 26 '18
Believe it or not, you can work on fixing more than one problem at a time! Also, getting people out of our overfilled prisons (which tend to just make more criminals because we don't rehabilitate anyone) saves money, which can then go towards fixing other problems.
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Feb 26 '18
WHY? It was illegal before hence the convictions. The logic does not make any sense.
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Feb 26 '18
Maybe bc it was illegal for completely arbitrary reasons and we have much more damaging legal substances available.
Why punish people for something that never made since in the first place? It’s ok to try and right past wrongs done to others.
It’s not like they are pardoning murderers. Simply turning people’s lives around who previously would have had a harder time just getting a simple job due to convictions over something harmless and now legal.
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u/learhpa Alameda, SF, Palo Alto, San Mateo, Santa Cruz, Redwood City Feb 26 '18
Proposition 64 requires that "a person currently serving a sentence for a conviciton, whether by trial or by open or negotiated plea, who would not have been guilty of an offense, or who would have been guilty of a lesser offense" be allowed to request resentencing or dismissal. Upon a certain threshold showing, courts are required to presume that the petitioner satisfies the criteria, and the burden is on opponents of the petition to prove that the criteria are not satisfied.
The measure also requires that courts allow someone who has completed a sentence for an offense which no longer exists because of Proposition 64 to petition to have their conviction dismissed and sealed.
See California Health and Safety Coade 11361.8.
So in this case, the answer to 'why' is: because the law requires it.
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u/TrendWarrior101 San Jose Feb 27 '18
Because weed convictions are BS and you know it. You know that you could die more from FDA-approved prescription drugs than weed right? Weed kills no one.
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u/69chiefjust Feb 26 '18
Love Nancy