Legalized Theft in California Le 14 novembre 2022
« What Proposition 47 did was take very low-level crimes like petty theft, some minor drug offenses, petty theft, and classify them as misdemeanors rather than crimes, » said Charis Kubrin, professor of criminology, law and society at the University of California, Irvine. who wrote a study examining the impact of the proposal on crime rates. « It doesn`t mean, as this Facebook post says, that you won`t be prosecuted or commit a crime. » On July 21, 2021, comedian Adam Carolla shared a video on social media allegedly showing two people stealing merchandise from a store. The video was accompanied by a message stating that « thefts under $950 will not be prosecuted thanks to California`s Proposition 47 law. » It`s also worth noting that California isn`t the only state to have raised the bar for felony convictions. Since 2000, at least 37 states have passed laws raising the threshold for criminal theft. In 2017, Pew Charitable Trusts examined how these laws affected crime rates, finding that « raising the crime threshold has no impact on overall rates of property crime or theft. » The law reclassified crimes of theft as a felony or misdemeanor, primarily setting a threshold for the monetary value of a stolen item to qualify the offense as a misdemeanor or felony, and in some cases, removing the discretionary powers granted to prosecutors and jurors as to when to charge a suspect with misdemeanor or theft. In fact, the new law classified petty theft as a misdemeanor rather than a felony. This can be seen as a relaxation of punishment incurred by potential violations, but certainly not a free pass for shoplifters. It`s true that a variety of police and media studies have shown that crimes like theft have increased by about 9% since the new value limits — up from the previous $250 limit for petty theft — were increased eight years ago.
The introduction of California`s new shoplifting laws, also known as California`s $950 theft law, has been misunderstood by many as the de facto endorsement of shoplifting and petty theft in the state. Conclusion: Dane and Vi reached a compromise that satisfies Vi, the aggrieved party to the agreement. For Dane, it will be as if he bought the cigars; for Vi, it will be as if the theft never happened. Vi receives the full value of the cigars. In these circumstances, there is little reason to lay charges. Prosecutors should not charge Dane. He agreed to make amends with the merchant. Any other entry into a commercial establishment with the intent to commit theft is a burglary, a crime.
No person charged with shoplifting can also be charged with burglary or theft of the same property. Proposition 47 explicitly defined petty theft as « the acquisition of property by theft in which the value of money, labour, real estate or personal property does not exceed $950. » Article 459 of the Penal Code criminalizes burglary, which occurs whenever someone enters a building with the intention of committing theft or crime inside the structure. The offence is shoplifting because a section 459 charge is an alternative to a shoplifting charge when it involves theft from a building or vehicle, particularly from a commercial facility. Gov. Gavin Newsom signed a bill Wednesday to curb organized retail robbery, according to The Associated Press. The law allows prosecutors to charge the crime as a misdemeanor or felony. « Thanks to Proposition 47, flights under $950 will not be prosecuted, » Carolla commented on the post. Just a reminder that you get what you voted for, California! California`s theft law changed significantly following the enactment of Proposition 47, which introduced new regulations to classify theft-related crimes.
AP RATING: False. Proposition 47 was passed in California in 2014 and classified theft crimes as offenses. Shoplifting and petty theft were not punishable. Robbery (article 211 of the Code of Criminal Procedure) involves the use of force or fear to take property from another person with the intention of not returning it. Robbery is associated with shoplifting, as withdrawals punished as petty theft are often intended to rob commercial establishments. « What Proposition 47 did was increase the dollar amount that can be used to prosecute theft as a crime from $400 to $950 to account for inflation and the cost of living, » Bastian said. « But most shoplifting initially costs less than $400, so there`s no difference before Proposition 47 and after Proposition 47. » JA: Individual retailers cannot prevail against thieves who commit large-scale thefts. They need help.
This type of theft seems lucrative, as stolen goods can easily be sold online. The INFORM Consumer Bill offers a promising approach to combat this form of retail theft. Operators of online marketplaces should verify the identity of high-volume third-party sellers and provide consumers with more information about sellers. Another factor concerns voters who, in 2020, overwhelmingly rejected Proposition 20`s attempt to make retail organized robbery, regardless of amount, a crime. Critics have warned that these higher limits could encourage offenders and increase property crime, especially theft. To determine whether their concerns were founded, the Pew Charitable Trusts looked at crime trends in the 30 states that raised their flight thresholds between 2000 and 2012, a period that allows for an analysis of each jurisdiction from three years before to three years after the policy change.