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California

CA: California Courts Temporarily Change Rules To Ease Stress On System

[wbhm.org – 4/7/20]

California’s court system, the nation’s largest, announced a series of emergency measures this week to address vulnerabilities related to the coronavirus pandemic.

The 11 emergency measures include temporarily eliminating bail for defendants charged with misdemeanors and most nonviolent felonies, conducting pretrial hearings remotely, and placing new limits on evictions and foreclosures. The California Judicial Council adopted the changes Monday. It’s the policy making arm of the state’s courts.

Chief Justice Tani Cantil-Sakauye says the moves aim to reduce jail populations and protect Californians from losing their homes during the Coronavirus pandemic.

“We are at this point truly with no guidance in history, law, or precedent,” Cantil-Sakauye, chair of the council, said. “And to say that there is no playbook is a gross understatement of the situation.”

The most important emergency measure sets bail statewide at $0 for most misdemeanors and lower-level felony offenses. It does not apply to violent felonies or to felonies that include sex offender crimes, domestic violence, stalking, or driving under the influence of alcohol or drugs.

Read the full article

 

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Quote from the article:

“Times of crisis necessarily test our moral compass and remind us of the need to stand up for those most vulnerable and create greater visibility for those least empowered in our communities,” said Miriam Aroni Krinsky, a former federal prosecutor and now executive director of Fair and Just Prosecution.

That is so true but how disappointing that it is often applied with the caveat: ….except for those convicted of a sex offense.

Emergency shelter? No sex offenders. Disaster business loan? Sex offenders need not apply. Shut down most of government? Sex offenders better still register.

This is going to be an excellent measuring guide because if sex offenses don’t increase during this period it will be excellent data for legal arguments that easing restrictions have no relevance in recidivism.

Sex crimes are going up according to this post:
https://www.yahoo.com/huffpost/child-sex-abuse-spike-shelter-in-place-coronavirus-202611709.html

But the post also states: “An overwhelming majority of sexually abused children ― 93% ― are abused by someone they know and trust.”

Interesting stats given in the article. 67% were ID’d as family members and 79% of the 67% were in the same home. Meaning 33% were outside the family but in what category (which would be nice to know), e.g. teacher, clergy, LE, neighbor, et al? Also, 21% were either extended family or family members old enough to live on their own. With the basic data set provided, they should be able to break down or share if they do know which family member is standing accused or the others who are not family members. The data gathers sure seem to… Read more »

Does anyone see the point “It does not apply to violent felonies or to felonies that include sex offender crimes,…”? Whether one is a “person forced to register who is accused of another (sex?) crime (aka a recidivist)” or a “not on the registry sex crime accused person” is irrelevant. (Sex is noted this way since some folks label a person forced to register a recidivist regardless if they are accused again of a sex crime or something else not even related to it.) Easing these restrictions during this time when sex crime occurrences may or may not statistically change… Read more »

I’m certain “sex offender crimes” include such heinous transgressions as walking the dog after dark, having a 2nd serving of pie, and filling in the crossword with ink instead of pencil.

David I don’t know how it is out in CA but crime is always going to be crime. A lot of this sex offender stuff is the methods they go about doing these things. Using an int4ernet sounds a bit of an overcast or overthrow to the sixth power. Some form of lying or decitful action has to transpir and some form of an overthrow has to come about to overtake another. Talk about vain justice. Anyone could put this together if they use comon wisdom and understanding but it seems at the time many are so paranoid that they… Read more »

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