I think so, but it’s three felonies, and I assume the offences are only misdemeanors in this case (unless the value of the stuff pushes it into felony territory).
Oh, no, I would stop… or go in the other lane very, very, VERY slow. I think I figured the cars stopped abruptly for the kid, and she, instead of hitting the brake risking the person in back of her to hit her if not paying attention (and giving the person in the back more room to brake, she swerved in the other lane
and Cell Phones…
I hate Cell Phones, I’m glad NY made it so you can’t drive with one… they take away so much from driving. Handless voice activated ones are different… I would think.
Well, she stole over $5,000 worth of crap, not sure if that falls into felony territory or what class. I am also not sure if possession of a controlled substance is considered a felony.
But nonetheless, she is a repeat offender, and quite frankly, it’s quite obvious the more celebrity you have, the less time (if any) you’ll spend in the slammer.
I saw a news clip the other night that said that as she was entering the courtroom the other day, a camera hit her elbow, fracturing it. The only problem is, the footage shows her left elbow being hurt. When she showed up the next day, her right elbow was bandaged. Seems like a stall tactic to me from someone who knows this isn’t going to go her way.
It’s about time these pretentious idiots learn that they aren’t above the law because of their career.
IMHO, of course.
Side point: The California three strikes law allows for a huge amount of prosecutorial discretion. (The law was passed as an initiative and reportedly was not well-written, btw). Unsurprisingly, its application varies a lot from county to county.
Also, I understand that “felony” is a fairly broad concept in the golden state, which explains why a fellow’s third strike can involve theft of pizza or spare tires.
As I recall that same 60 Minutes report you apparently saw the felonies in the slice of pizza and tires cases came from breaking and enterting, not the actual theft.
You’re right, though, regarding procecuter leeway. Some seem to try to be containing the damage caused by the laws by trying for more appopriate sentances and others seem to be trying to run the law into the ground by following it to the letter.
The California Three Strikes Law is not at all what you think. The first two strikes must be violent felonies. The third strike can be any felony at all. The media loves to distort the cases of “third strikers.” The headline will read that a man got his third strike for stealing 32 cents. The truth of the matter will be that he jumped someone, beat the living crap out of him and stole everything that he had which happened to only be 32 cents. In the slice of pizza example, he probably busted into a restaurant, trashed it while trying to steal money but was too stupid or stoned to break into the register and was only able to steal some pizza. So, I will wrench this post back on topic by stating that Winona doesn’t even have one strike to her name.
Haj
lost souls and autumn in new york.
That’s two, just off the top of my head.
-fh
“The first two strikes must be violent felonies.”
From what I gathered fro the show, one man’s second, “violent” felony was breaking into a garage, drunk, and taking a chauffeur’s hat and gloves because he was cold.
“The third strike can be any felony at all.”
Actually, it doesn’t have to be what would normally be considered a felony at all. In this case, any theft, no matter how small, is considered felony because of the previous convictions. Yes, this man, again, stile a bicycle from a garage. Yes, he is now serving a life sentence. Phew. I’d hate to run into him in a dark allley.
Okay, how about Robert Downey Jr.?
Let’s say a black man was caught with a large quantity of heavy drugs. He does six months for his first offense. While on probation. He is caught with a large quantity of heavy drugs again, and a search of his apartment turns up a handgun. What would he get for a jail term this time?
Now let’s say that the guy wanders into someone’s house after his second conviction, obviously stoned. A search turns up more heavy drugs. What does he get this time?
Now he’s on probation again, and he violates his probation a third time by being caught with a large quantity of Cocaine. NOW how much time does he get?
I think this guy would be in prison until he’s an old man.
BTW, I’m against most drug laws, and I don’t think anyone should be going to jail for mere possession of drugs. But damnit, our society is supposed to be built on the concept that everyone is equal under the law. “A society of laws, not men”. It drives me nuts that some 18-year-old black woman gets 20 years because her scummy pimp boyfriend talked her into holding his stash, while someone like RDJ walks after multiple convictions for much larger quanties of drugs, AND weapons possession.
I’m sorry for the confusion–I should have said “People who commit crimes like the ones Dionne and Wynona committed” instead of “People like Dionna and Wynona.” I think you and I (hypothetically) would deserve the same you-don’t-need-to-be-in-jail pass as they did, if your own crime should happen to be something that doesn’t make you a menace to other people. Just like I suggested for their case, I’d advocate fining you an amount that hurt, and forcing you to do enough community service that it cut into your freedom and free time. But famous or some dumbass from next door, jail time seems to be too great a cost/trouble to society to justify it as a form of punishment for petty thieves, careless (but not deadly) motorists, and weed fiends.
Sorry, Cranky, but I don’t see how you can compare possessing or using drugs with thievery. The former harms only oneself (assuming the quantity in one’s possession is only great enough for one’s own use), whereas the latter harms another. That is what laws should be for; not to protect us from ourselves but from others. And Ryder’s theft was not all that petty. I’m for giving drug users a break (including rehab), but thieves should go to jail, even if they are pretty and famous.
Much has been made in this thread about Robert Downey, Jr. I don’t see a fair comparison there. I was really sorry to see that a person who had so much going for him was addicted to drugs, and I was glad to see him get rehab instead of jail. As for weapons possession, he didn’t menace anybody with it, did he? Letting Downey off with a stint in rehab was the right thing to do. Ryder should go to jail, in my ::ahem!:: humble opinion.
You’re right about thieves harming people, DesertGeezer. In fact, you don’t have to convince me–I get angry seeing people eating grapes at the grocery store before they’ve been weighed and paid for. I’m just so scandalized by what we spend on incarceration in this country that my personal bias is against jail time for most crimes. Also, when someone like Wynona is stealing (not because she’s hungry or poor) you know it’s some bizarre personality thing. I don’t have loads of sympathy for her myself, but one could argue that she’s mentally ill and deserves compassion.
Sam Stone wrote:
Well, the one who stole my car got probation. That’s just what happens to non-violent first offenders. But it only makes the news when a celebrity is involved, so we tend to think that only celebrities get this treatment.
Fact is, judges are far from anxious to cram non-violent offenders (celebrity or not) into an already-overcrowded penal system.
Personally, I’d like to see incarceration almost completely eliminated, and replaced with floggings in the town square. Better, more immediate punishment for your crime, doesn’t make a wreck out of your life by surrounding you with criminals, and costs much less.
I’d like to see first-time thievery convicts get 5 lashes plus double restitution.
And celebrities would be no exception.
What I think happened with the arm thing:
Ryder legitimately got bumped and possibly bruised by the crowd of paparrazi in front of the courthouse.
She held her left elbow because that’s the one that got hurt.
She shows up again, with right elbow bandaged. If I’m not mistaken, she broke her arm (how much you wanna bet it’s the right one?)while filming Mr Deeds(http://www.eonline.com/News/Items/0,1,8728,00.html), and I predict this may be set up by her defense as a reason for having the painkillers in her bag when she was arrested for shoplifting.
im with Sam Stone on this shit. That prick Downey should be in jail, then when he gets out, sent to jail again! It makes my blood boil to see these freakin’ celebs get away with everything. That no-talent dickhead Vince Neil *killed * someone, and got off with a slap on the wrist! I don’t even want to think about OJ!
Joe Cool is on to something, there…
Jesus was in a coma.
I really think that many celebrities get off with light punishment because, when it comes right down to it, the intended target of harsh criminal statutes is the stereotypical nameless thug. I’m sure most law-and-order advocates would be far less willing to see their nearest and dearest put away for a relatively minor crime to endure 25 years of gang rapes. And so with celebrities. It’s not like they’re acual family members, obviously, but they represent something that the average person feels, or would like to feel, that he or she has a connection to.
Didn’t Winona Ryder have a prescription for the drugs? When you have a prescribed controlled substance on your person, do you actually have to carry the prescription as well, or can you just tell the police to check with your pharmacist?
I don’t have a cite handy because I didn’t read it, but heard it on the radio this morning (KLAC, AM570 in Los Angeles), but… apparently this is not Ryder’s first offense at shoplifting – it’s merely the first time charges have been brought against her for it. And the reason charges were brought this time is because they’re tired of slapping her on the wrist and her thinking she can therefore get away with it.
I know that technically the fact that this is the first charge brought against her, makes it a “first offense” in a legal sense, but I just wanted to point out that it’s not the first time she’s committed this crime.
I’ve been burgled 3 different times, so I know what it’s like to be stolen from, and I hope they put the bitch in jail (if, of course, they can prove their case). I freaking HATE thieves!
Robert Downey Jr.s’ troubles w/the law:
first ones included drunk driving, and when his car was searched a gun was retrieved, no mention if the gun was legally registered, in any event, it wasn’t being transported in a legal manner. Next, he was found trespassing (passed out in some one else’s house). that one can be chargeable depending on circumstances as B & E types of things, but seems that the appropriate level was brought (didn’t seem to be evidence that he was aware the house wasn’t his).
other than that, his arrests have been for possession/use only. Not that I’m saying everything is hunky dorey, but he’s hardly anyone’s idea of a big time criminal. Big time drug user yes. and according to CA law (the second link), his was exactly the type of offender that was designed for treatment options.
the Probation violations were ‘status’ offenses - ie not abiding by the rules of his probation, tho’ it gets you hauled before the judge who can (and did ) resentence you on the original charge, his violations were of the ‘missed required appointment’ type (according to the links here - tho they don’t spell out every detail).
He’s an addict. OTher than the fact that his drug(s) of choice are illegal to possess and use w/o prescription and/or at all, his actual crimes involved:
-
one driving while drunk. he was also at the same time carrying a weapon in a wrongful manner.
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tresspassing.
from what I see of his criminal convictions, the courts seem to have treated him the same way that others would have been, with the possible exception of the tresspass. If he hadn’t been a known celebrity, he might (emphasis) have had a more difficult time getting people to believe that he thought he was in the right house.