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NetQuarterLatte t1_jccpv4x wrote

Reply to comment by matzoh_ball in Study shows those released under NY's bail reform laws are less likely to get rearrested by mowotlarx

There's a loophole here though. First, trials don't happen in a timely manner when the defendant is on the street.

Second, if the defendant never shows up for trial, they can never get convicted.

So a person committing petty theft, for example, can do that forever as long as they never show up for trial, under the current laws.

A person committing misdemeanor violence (like playing the knockout game) can also do that forever as long as they never show up for trial.

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chargeorge t1_jccqflx wrote

Rates of missed appearances were down in another study I saw. So more cope

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NetQuarterLatte t1_jcd5bv7 wrote

The ones who appear are not an issue.

The ones who never appear are.

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chargeorge t1_jcd96gs wrote

I feel like you are confusing arraignment and a trial here

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matzoh_ball t1_jccss66 wrote

No, that would be to their disadvantage. The harm-harm rule doesn’t have anything to do with convictions, it’s about being arrested while having an open case, aka a case that did not yet lead to conviction, acquittal, or dismissal.

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NetQuarterLatte t1_jcd4ubh wrote

The harm to harm rule only applies when the defendant is being charged with a felony, no?

Anyone being charged with a misdemeanor cannot be held under the harm-harm rule.

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matzoh_ball t1_jcdh8tm wrote

No, it doesn’t. While the harm-harm rule is kinda imprecise, the basic idea is that every crime is a “harm” crime except for “victimless crimes” such as prostitution or drug crimes (though some judges may consider the sale of meth as a harm crime while other judges may not, so there’s still room for discretion). In any case, for example petit larceny (a misdemeanor) is a harm to property crime and would thus be a harm-harm crime. The same is true for many other misdemeanors.

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