DA Refuse to Prosecute

[steve4102]

Newly-Elected DA Vows To Stop Prosecuting Resisting Arrest And 15 Other Crimes

Suffolk County District Attorney-elect Rachel Rollins has compiled a list of 15 offense she will decline to prosecute.

Boston, MA – When Suffolk County’s district attorney-elect Rachel Rollins takes over the prosecutor’s office in January, criminals will no longer need to worry about being held accountable for many offenses – including resisting arrest.

“It’s a recipe for disaster,” veteran Boston defense attorney, Robert Griffin, told the Boston Globe.

“The problem is the message that you’re sending,” Griffin stressed. “You’re encouraging bad behavior. You’re telling people that we’re not going to do anything about this.”

 

Rollins, 47, has been widely hailed – and widely criticized – for her well-publicized “Charges to be Declined” list, which she has featured on her campaign webpage.

With rare exception, offenses of shoplifting, trespass, threats, and larceny under $250 will no longer be prosecuted, as well as disturbing the peace, disorderly conduct, and “minor driving offenses,” according to the list.

Breaking and entering will not be prosecuted, as long as the perpetrator makes sure the property is vacant. Alternatively, those who commit break-ins of occupied homes because they are cold or tired, but don’t damage anything, will also be in the clear.

Offenders won’t have to worry about going to court over receiving stolen property or underage drinking, and won't be held accountable for wanton or malicious destruction of property, either.

Making threats will also be permitted, with the exception of those related to domestic violence.

Drug possession will no longer be prosecuted in Suffolk County – even in cases where the suspect is a drug dealer.

 

Cases where an offender is charged with resisting arrest and nothing else will also be turned away, as well as any instances where the person resists arrest while being charged with another offense on Rollins’ “Charges to be Declined” list.

“In the exceptional circumstances where prosecution of one of these charges is warranted, the line DA must first seek permission from his or her supervisor,” Rollins’ website noted.

Boston Police Protection Union President Michael Leary said the district attorney-elect’s changes will likely lead to an increase in Boston’s crime rate, the Boston Herald reported.

“If you’re doing crime, you have to be held accountable for the crimes you do,” Leary argued. “If you’re out there doing bad things then unfortunately jail is the answer. That’s what jail is for – for people who break the law.”

“The quality of life is going to go down because she’s not going to prosecute these people and they are going to keep doing it,” he added.

 

“Our job is already dangerous. Its unbelievable to think people are willing to make it more dangerous for us,” Leary told WBZ. “I fear that officers will begin to see even more aggressiveness than we already face on a daily basis…if there are no consequences, offenders will figure ‘why not resist?’”

Chelsea Police Chief Brian Kyes said he is especially worried about the victims who will never see justice served, the Boston Herald reported.

“Their voices need to be heard as well,” Chief Kyes said.

“I don’t think she’s properly taking into account the cost that criminals inflict on society even for minor crimes,” National District Attorney’s Association President William Fitzpatrick explained. “Ignoring minor crimes leads to an increase in violent crimes.”

Former U.S. President Barack Obama disagreed, and praised Rollins during a speech at the University of Illinois in September, WBZ reported.

“Do what they just did in Philadelphia and Boston, and elect state attorneys and district attorneys who are looking at issues in a new light,” he said at the time.

Northeastern University law professor Daniel Medwed concurred, and described Rollins’ declination to prosecute as “the next frontier of criminal justice reform,” WGBH reported.

 

“If you have a prosecutor who is declining to charge…that can go a long way toward advancing justice, cutting back on mass incarceration,” Medwed said.

“I think Rachael Rollins should be applauded for trying to do something different, for trying to address the trap of a criminal conviction that ensnares so many young people in Boston, especially young men of color,” the professor added. “Even if you get probation, typically, for one of these offenses, it's very easy to violate the terms of your probation.”

Being convicted of criminal offenses create a lot of hardships for offenders, Medwed argued.

“The collateral consequences of a criminal record are enormous. You'll have difficulty finding employment. You might be ineligible for certain forms of public housing, in some states you can't even vote,” he complained.

Rollins will be at the helm of the Suffolk County District Attorney’s Office effective Jan. 2, 2019.

https://defensemaven.io/bluelivesmatter/news/newly-elected-da-vows-to-stop-prosecuting-resisting-arrest-and-15-other-crimes-SUTngdX1HEaO6YjolUoGJQ/

[steve4102]

Good luck Boston, betcha forgot that elections have consequences dintcha.

[TBO]

The de-policing of America continues.

Sent from my Jack boot using Copatalk

[PNWguy]

That is freaking unbelievable! 

This has to be a joke.  Nobody is that absolutely clueless and stupid and morally corrupt.

[Talon]

Wow just wow.

[sticks]

Someone, somehow, should prevent her from becoming the DA, for no other reason than her refusing to do her job. Her statement is giving criminals the go ahead to commit crimes with no possibility of being prosecuted.

 

[MtnBiker]

I wonder how the property values in Suffolk County will look by the time she is up for re-election?

[jk_226]

Disgusting.  

2 hours ago, PNWguy said:

That is freaking unbelievable! 

This has to be a joke.  Nobody is that absolutely clueless and stupid and morally corrupt.

MA is the state that a few years back accidentally removed criminal penalties for driving with a suspended license.  So you'd issue a civil citation and if they didn't pay, the RMV would suspend their license, which already was suspended.  Brilliant! The finally unf*****d that. 

Then they made marijuana possession a civil offense.  Except with no legal recourse for not paying a citation.  The eventually "fixed" that when they made marijuana legal under state law.

Then they reformed the laws dealing with juvenile offenders and made it so convoluted and lenient, that DAs, police chiefs, and the academy can't even figure out if it's legal to even issue a ticket to someone under 18.  Everyone is still arguing about that mess,

So yeah, I can believe that level of clueless, stupid, and morally corrupt exists in MA.

[Huaco Kid]

[Historian]

Refusing to uphold the law is a fireable offense. As a prosecutor you don't get a choice in what laws you care to enforce.

[jk_226]

44 minutes ago, Historian said:

Refusing to uphold the law is a fireable offense. As a prosecutor you don't get a choice in what laws you care to enforce.

DA's in MA are elected.  They can't just be fired.  Also, they do have discretion which means they don't have to prosecute every case they get.  That being said, making a blanket policy like this is a gross misuse of that discretion.

Edited December 7, 2018 by jk_226

[jk_226]

Quote

“I think Rachael Rollins should be applauded for trying to do something different, for trying to address the trap of a criminal conviction that ensnares so many young people in Boston, especially young men of color,” the professor added. “Even if you get probation, typically, for one of these offenses, it's very easy to violate the terms of your probation.”

Isn't that kind of the point of probation.  It's very easy to violate it by doing drugs, getting drunk, committing further crimes.  This "professor" seems to have lost any ability to apply logic.  

[steve4102]

2 hours ago, Historian said:

. As a prosecutor you don't get a choice in what laws you care to enforce.

In law, selective enforcement occurs when government officials such as police officers, prosecutors, or regulators exercise enforcement discretion, which is the power to choose whether or how to punish a person who has violated the law. The biased use of enforcement discretion, such as that based on racial prejudice or corruption, is usually considered a legal abuse and a threat to the rule of law.

In some cases, selective enforcement may be desirable.^[1] For example, a verbal warning to a teenager may effectively alter their behavior without resorting to legal punishment and with the added benefit of reducing governmental legal costs. In other cases, selective enforcement may be inevitable. For example, it may be impractical for police officers to issue traffic tickets to every driver they observe exceeding the speed limit, so they may have no choice but to limit action to the most flagrant examples of reckless driving.

 

It's no different than Mayors or PCs ordering their officers to stand down and let Antifa block traffic and pound knots on the heads of the innocent citizens of their community.  

Edited December 7, 2018 by steve4102

[steve4102]

5 hours ago, PNWguy said:

That is freaking unbelievable! 

This has to be a joke.  Nobody is that absolutely clueless and stupid and morally corrupt.

It's no joke.  Here is her campaign website.  

https://rollins4da.com/policy/charges-to-be-declined/

She actually ran on this platform and won.

She is exactly what the citizens of Suffolk County (Boston) want in a DA.

[Moshe]

The people that are irritated with this should complain to the State Attorney General's Office.  Unless, of course, she is already facing disbarment for failing to do due diligence in her duties.

[Historian]

2 hours ago, jk_226 said:

DA's in MA are elected.  They can't just be fired.  Also, they do have discretion which means they don't have to prosecute every case they get.  That being said, making a blanket policy like this is a gross misuse of that discretion.

Guys,  sorry about that. Clearly i wrote that before the coffee hit.

Within reason they do have discretion.  I agree.,  Hell cops have that too,  A blanket policy is what i was referring to.

I gladly stand corrected.

[Cougar_ml]

So in other words, Suffolk County welcomes petty criminals with open arms, and encourages them to continue to break the law. 

On one hand, it helps lower the county's expenses on taking care of petty criminals, on the other, homeowner insurance rates are very likely to increase significantly, and stores will have to increase their prices to either compensate for stolen goods or to hire security guards.

Anyone else feel like traveling to Boston for some good old window shopping with 5 finger discounts?

[Suspect Unknown]

Let the governor remove her for dereliction of duty; but that will be a cold day in Hell. I know it and she knows it and the world knows it, so she gets away with it.

[tous]

So, let me get this straight.

I'm just a dumb Texan and not half as smart as them Boston galoots.

If I walk into your store, pick up a 12-pack of beer, a few bags of Doritos, a couple of cartons of Newports and some Twinkies and just walk out the door, I'm okay.

But, if you try to stop me, you get arrested for assault and if you dare touch me, you get charged with battery.

And, I can break in to your house as long as you aren't there.

But, if I'm cold and hungry, I can break in to your house when you are there.

 

Lord, please keep the smart people in Boston.

 

 

[Moshe]

Try doing any of the above to someplace she or one of friend's own, that would be an immediate reversal of policy.

[jk_226]

6 hours ago, Moshe said:

The people that are irritated with this should complain to the State Attorney General's Office.  Unless, of course, she is already facing disbarment for failing to do due diligence in her duties.

The AG is cut of the same cloth and probably thinks this is great.

[Moshe]

I guess they like scorched earth and capital flight then.  The only problem with capital flight, is the blue goes where the red is and makes a mess.

[MtnBiker]

Just curious.  Did Rollins run on the basis of her being the "first woman of color" to be Suffolk County District Attorney?

Anytime anyone justifies their run for office primarily on the fact that they are of a specific sex or race, it's a red flag.

To my thinking; It means they don't want to advertise their positions, because they would not be electable.  

I'm betting she didn't make these views available to the general public until after the election.

 

Edited December 7, 2018 by MtnBiker
Additional explanation

[BamaBud]

This is just Affirmative Action for "certain" criminals.

Nothing to see here. Move along. Move along.

[steve4102]

32 minutes ago, MtnBiker said:

I'm betting she didn't make these views available to the general public until after the election.

And you would lose that bet.

This page from her campaign web site has already been posted here.

Here is is again, she hid nothing and ran her campaign on this.

She and her agenda are exactly what the citizens of Suffolk County (Boston) wanted in a DA.

 https://rollins4da.com/policy/charges-to-be-declined/