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Why the up rise in Felony Charges

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posted on Apr, 24 2012 @ 07:09 PM
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Why the up rise in Felony Charges.

Why the up rise in the past year on felony charges, first lets look at a few definitions to determine this.

1) felony. An offense, as murder or burglary, or graver character then those called misdemeanors, especially those commonly punished in the U.S. by imprisonment for more than a year.
2) early English Law, any crime punishable by death or mutilation and forfeiture of lands and goods.

A person convicted in a court of law of a felony crime is known as a felon. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor. The individual states may differ in this definition, using other categories as seriousness or context.

Felony. Year 1861 Bouvier Law Dictionary Volume 1, an offence which occasions a total forfeiture of either lands or goods, or both at common law to which capital or other punishment may be superadded, according to the degree of guilt.

As we can clearly see from even the oldest of published law books a Felony is simply theift. The degrees of a felony is determined by each State some have A-D others have 1-5 as levels of the offense.

In the United States, misdemeanors are typically crimes with a maximum punishment of 12 months of incarceration, typically in a local jail as contrasted with felons, who are typically incarcerated in a prison. Jurisdictions such as Massachusetts are a notable exception where the maximum punishment of some misdemeanors is up to 2.5 years. People who are convicted of misdemeanors are often punished with probation, community service, short jail term, or part-time imprisonment; served on the weekends.

So as a general rule felony is classified as such when a term of more than 1 year in prison is sentenced.
Again each State makes the rules and determination of what degree or whether they will classify it as one or the other.

Felony in most states require a minumim sentence of 4 years for the lowest level/degree in prison.

We have become use to seeing most of these burglery crimes be treated as misdemeanors, I think for the reason of over population within the prison system and the State being on good economical footing.

Today most all States are hurting for revenue whether they have room in the prisons or not since the charge of a Felony comes with a heavy fine compared to a misdemeanor, and all though a Felony is supost to require a 1 plus year minimim sentence they may for go the prison term just to get the higher dollar amount. This is based on the current news when we see headlines like: $1 dollar soda theift from McDonalds, a simply search here on ATS for the word Felony will bring up tons of threads naming different cases.

People have mentioned debtors prisons, it may seem like it however these fall under contract law, will explain: credit cards, loans of any kind, including utilities such as power, water and sewer ext... require you the individual to sign a contract/agreement to pay for service. A check when writen and signed is a contract you bounce it then becomes a breach of contract ie theift. Everything we do in our lives, every time we sign with a pen or electronic signature on a computer is an agreement of contract, anything even your DL is a contract and that is why it requires a signature.

Any breach of contract is a form of theift, theift is a felony, again it depends on the contract agreement, most will simply terminate the service then take you to small claims to recover the balance or you can negotiate a new contract to pay ex amount to keep from going to court.
This is always the best way to go, but the law is on the side of the person offended and all of the above you can be charged with theift ie felony no matter the dollar amount of value.
You have one last defence in the above if all else fails and no charge of felony is pending you can opt for a bankruptcy to settle these claims.

I hope that helps explain how and why they can charge you with a Felony lawfuly, does it suck? YEP Is it the law? YES it is.




posted on Apr, 24 2012 @ 07:16 PM
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reply to post by drmeola
 


A couple of reasons -
1. The law allows it (as you stated).
2. Prosecutors (and to some degree cops) go for that "big charge". Who's record looks better a guy with 75 successful misdemeanor convictions and 25 successful felony convictions or a guy with 75 successful felony convictions and 25 successful misdemeanor convictions? Its going for the largest charge to boost their own career.

It ain't right - but that's how the system works.



posted on Apr, 24 2012 @ 07:24 PM
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reply to post by Frogs
 


Correct Frogs,

What many people have to get in the habit of doing is read their individual States Constitutions since again all the States have their own guidelines, especially on debtors prison. Some State are very clear that no one can be charged for debt due to credit cards, loans ext...



posted on Apr, 24 2012 @ 07:31 PM
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reply to post by drmeola
 


That's fine, but when they pay the debt off and get out of prison, people will have nothing to lose. Because once they get convicted of a felony, it's pretty much impossible to get a job.

There are tons of laws that are on the books but go unenforced. It is best for everyone that these laws go unenforced.



posted on Apr, 24 2012 @ 07:45 PM
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It creates jobs for one. Need someone to watch them in the prison system.

And I think mostly this is a way to make it illegal for them to own a Gun legally, disarming Americans one by one.



posted on Apr, 24 2012 @ 07:51 PM
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reply to post by AnIntellectualRedneck
 


Most States do have it in their Constitutions that debtor prison is outlawed except in cases involving the State such as child support ext...

Jobs well lets agree to disagree, for the simple fact that is what people like to use as and excuse not to work, I know several individuals that are felons and they make more than I do. If you have a skill especially in the construction field you can get a job with little issue, a skill as a cook many restaurants hire felons, and nothing stops you from starting your own business, even if its a lawn service or handyman for hire. There are several CEOs of corporate 500 companies that have felony's on their record, there only a few things you are barred from many are commercial in nature ie a CDL and a few others. Not saying it is easy but in today's economy felony or not its hard to find a job working for someone else, find away to start some kind of self employment is always the best way to go in any economy.

A lot of laws on the books and many are not enforced and I agree with you this is one that needs to be removed and definitely not enforced.

Thank you for the post.



posted on Apr, 24 2012 @ 07:56 PM
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reply to post by Connman
 


Yes Connman,

You hit the nail on the head surprised it came up so fast thought it would go a page or two before someone thought of that one. Great job, and yes agree as a gun owner this is the only way to disarm Americans.

Wish there was away to compare the felony list to gun owners list to prove that, but I have a strong felling that is exactly what is going on especially in the last two years.



posted on Apr, 24 2012 @ 08:27 PM
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reply to post by drmeola
 

There is not an "up rise in Felony Charges" in the United States. Our crime rate has been on a downward trend for approximately 20 years!

So much for all of the FALSE ASSUMPTIONS seen in this thread...

See ya,
Milt
edit on 24-4-2012 by BenReclused because: Typo



posted on Apr, 24 2012 @ 09:12 PM
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reply to post by BenReclused
 


Ok for argument sacks lets say the numbers on the chart are correct taken for granted that any government number system is correct.

The topic is the kind of charges, take the peek high number and today's numbers yes it is lower.
The chart I want to see is the charges chart, compare the peek number of crimes and how many where charged with misdemeanors compared to felonies.

If we break it down by states using local sources or any source crimes that once were knocked down to misdemeanors are no longer and all are being charged with felonies, like the case of the $1 soda, he had a comp cup and instead of filling it with water it was filled with soda the manager wanted a dollar for this (by the way I worked for Burger King this is McDonalds and there is no key on the register to even ring it up), the guy did not run and was found sitting outside drinking the soda. Now the law side endless the manager or who ever said to ONLY fill with water no crime was committed since a comp cup that all officers and other individuals may get upon asking for one, from any retail store can be filled with any liquid beverage. Its a comp cup period. But this person is being charged with a felony over a dollar. And thread after thread case after case this is becoming more obvious, many officers will let even druggies go so they can become informants. Let the druggies go but charge someone over a dollar with a felony. Wake up. Please.



posted on Apr, 24 2012 @ 09:53 PM
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My take on it, is, as a victim of the criminal justice system AND a victim of the criminal justice system, they will throw as many charges as possible in the thinking that some will stick. Or at the very least, a plea bargain can be negotiated.

Many lawyers pledge a certain amount of pro bono work, because it looks good and reduces tax liabilities. Despite what is told a client, they do minimal work when its free. You get the amount of justice that you pay for. Pro bono for the state doesn't actually mean that they work for free. They are usually friends with prosecution and more or less work on a trade off basis, Like, I'll trade you 4 misdemeanors for one felony. There is much collaboration between public prosecution and public defense attorneys. People are just bodies to enhance a resume. Or, to simply maintain relevance. Just look at most successful lawyers and they usually come from a prosecutor background.

If you're poor, good luck going to court. If you're very wealthy, or generationally wealthy, they won't bother with you so much, all depending on the crime and whether there is any kind of attention paid to the case.

Another thread started a few days ago asked, What's the Harm in Privatization of Prison? The claim is that they are paying the state and handling logistics. Truth is more along the lines of privatizing the profits and sticking the state with the bill. Trickle down economics at its best, by the time it trickles down, the job creators are flush with gauranteed cash, and kicking out all the entitleists, or investors, or pension owners. We are just doing good for society they claim. They try to make it sound like its hard work to make money by incarceration. Especially when they spent years stacking the deck. And won.

Gee, maybe imprison all of wall street and have them work for 45 cents an hour, raping the public coffers and hoping they don't land in isolation.

A fist fight will land you more prison time than stealing another persons life savings. Like I say, "money is the root of all justice." Say you get two black eyes, that heals pretty quick. Say you lost 150K that you intended to live your retirement on... That doesn't heal as fast, if ever. And its not the American Way.

It would be really cool to actually see numbers of revenues claimed off defendants from all the states, just to see how much is made. It is there to see, yet there are so many hoops to jump through in order to get that info. Like a FOIA request. And being put on the list...

I think that the entire reason why the increase in felonies is all in the name of profit. It also helps to send a message to the rest who might think about who is in control. A very firm, NOT YOU.

People have been galvanized against the principles of convicts and terrorists. Subhuman as they may be /LOL/ say labeled. They are fundamentally against freedom, whilst promoting? What, freedom? Doublespeak mind game, essentially.

Don't get me wrong, Some, if not many, people deserve to rot in a cell. Money is no determining factor in whether or not a person becomes a predator socio or psychopath. It sure helps though.

If justice were applied evenly, we would most likely be living in Utopia. People would quickly realize that it's in everyone's best interest to act accordingly. When justice is used for profit, we get what we have now. There are enough laws on the books to justify almost every infraction, yet they continue to make more. Who is supposed to pay for that? Just maybe, new prisoners, who can still garner a profit.

Sorry for the rant.


















posted on Apr, 24 2012 @ 10:01 PM
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Originally posted by Connman
It creates jobs for one. Need someone to watch them in the prison system.

And I think mostly this is a way to make it illegal for them to own a Gun legally, disarming Americans one by one.


Yep. Those privately owned prisons can't just run an ad in the paper that says help wanted, ya know. Its a whole new world with a whole new method of recruiting employees. Cheaper than a Mexican, even.



posted on Apr, 24 2012 @ 11:33 PM
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reply to post by drmeola
 

Yeah... you're leaving a bit of the McDonald's story out:

Abaire then began cursing at the manager and refused to leave the premises.

Police were called and charged him with petty theft. Abaire had a history of theft convictions, and drinking the stolen soda increased the charge from a misdemeanor to a felony.

Source
It seems that Abaire's own actions, after police arrived, are what led to him being charged with a felony. In other words: If he hadn't acted like such a prick, he wouldn't have been treated like one. He got what he deserved!

See ya,
Milt



posted on Apr, 25 2012 @ 06:58 AM
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reply to post by BenReclused
 


I just read over your source, mine did not have that information in it and it is just one of many, yes his actions and past records had played into the felony charge and yes the law is theft is a felony no matter value. In the same source is another case $3 taco he did everything in a good manor and apologized to all and was fined 301.00 on petty theft. But there is more to that story because he is a Florida guard basketball player and ranks first in assists, he even ran from police and took several patrol cars to catch him claiming he was just playing around. But because he is someone special ie a player the judge fined him 301 dollar and if paid by Sept 27th his record will be cleared. State drop one count of resisting arrest without violence, again this just shows how justice is NOT equal for some its a slap on the wrist for others they throw the book at you. But in both cases after reading all the details the player committed more crimes as in running and resisting then the guy with the mouth and priors, who's to say the player doesn't have more crimes that where cleared from his record just because he is a basketball player.
sportsillustrated.cnn.com...

The point is like the poster above its all about money if you have it or are a player the system will bend over backwards to keep you clean, if your just an out of work mouth peace they throw the book at you.

Since both cases are in Florida here is the law for that state.
Theft Charge in Florida: Effect of Prior Theft Convictions
An offense that would ordinarily be classified as petit theft in Florida will be bumped up to a first degree misdemeanor if the offender has previously been convicted of any theft offense. Likewise, two or more previous theft convictions will bump a petit theft offense up to a felony of the third degree.

Petit theft under 100 dollar value, petty over.

Again all these are set by each State so will vary in ways, the law is clear that all theft can be charged with a felony, these lesser charges are design by the States, that is a good thing as let the penalty fit the crime.

Guess my point is there is no such thing as equal or blind justice.
And still believe the increase of charges being filed under/as felonies is on the up rise compared to the misdemeanor. I am all about law it is my choice of study and most of my threads only focus on it, this is one to get feed back to see if others have noticed the same as I.

Thank you for your post Milt
p.s I like your signature.



posted on Apr, 25 2012 @ 01:03 PM
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reply to post by drmeola
 

I think I understand what you are getting at now. You don't seem to be so concerned about an increase in the amount of felony charges, as you are about inequities of our justice system. In that regard I agree with you 100%. As you have stated before, many of these inequities have more to do with the lawyers involved in a particular case, than it does with the actual offense of the defendant. In most cases, the prosecuting attorneys are more interested in politics than justice, while defense attorneys are more interested in money than fairness.

Regarding the ball player you mentioned, he should have known better, and held to, at the least, the same degree of responsibility as the older fellow in the McDonald's incident. The evading charge should not have been dropped.

I'm glad you enjoyed my signature! It's all in good fun!

Is English your first language? I feel that may have been why I misunderstood your OP.

See ya buddy,
Milt



posted on Apr, 25 2012 @ 04:19 PM
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That's because they started handing felonies out like candy for the stupidest things, slapped paperwork, fines and regulations on everything and then sit back and contemplate why the unemployment rate is what it is and why the economy is going to #.

What happens when there aren't enough people left to pay for the people that are in prison and can't pay for or produce anything?

Whose gonna foot the bill? The rich? China? Pffbbbt.

Sell outs, idiots and cowards shouldn't be writing any laws.



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