04-18-2018, 08:01 PM
(04-18-2018, 07:38 PM)Au165 Wrote: You keep saying enhancements, yes those effect the charge because they have to prove those additional factors. If you have all these enhancements then you can get caught overcharging and get nothing.
Again, wholly incorrect. Enhancements do not make the enhanced offense any more or less difficult to prove. The enhancement must be proven for it to take effect, but if none of the enhancements are found to be true then the charge can still be proven guilty without any additional difficulty. In fact, enhancements being taken off the table are a frequent part of plea deals.
Quote:If you want to tack on separate charges then that is one thing but the idea that you can add all these criteria and think it doesn’t make the case more complicated is laughable.
I didn't say it didn't make proving all alleged offenses more difficult. I said it doesn't make proving the enhanced offense, e.g. burglary, more difficult. I say this because it is 100% fact. Proving conspiracy is more difficult to proving a burglary, to be sure. But attempting to do so when the elements are there is absolutely just and services the public good. The fact that it isn't done is due to many factors.
Quote:Going after higher degree crimes with higher degrees of punishment are harder and longer to prosecute, that is a fact.
An enhancement is not a crime, it is an "enhancement" to a crime, hence the term. Murder is murder whether it was committed by a common citizen or at the behest of a street gang. The later would carry the gang "enhancement" but proving the elements of the murder are made no more or less difficult due to the enhancement.
Quote:I feel like what you really want is prosecutors to add multiple charges not try to add levels to the burglary statutes already in place.
That's because you don't seem to understand the process being discussed.
Quote:If that’s the case then that is up to the DA, but if the additional charges fit they they should file them as well.
They absolutely should. The unfortunate fact is that they frequently don't. I don't work for the DA's office but I can only assume they are subject to same political pressures that every agency I work for or collaborate with are. Hence my displeasure with the current state of things.
