Quote (EndlessSky @ Jun 18 2018 01:32pm)
My definition of "zero tolerance" is that the law is enforced exactly as it is written. If the law says in it that it leaves room for discretion, then I'd still say its enforced with "zero tolerance."
The reason for this is that without explicit laws, the justice system would be simply people doing what they want. By your definition, Trump could use concentration camps and gas people because its all under his "discretion." None of us want that, hence the "zero tolerance" nature of laws
Do you have access to any specific wording of the domestic/disorderly laws?
whoa. i see your issue now. you simply don't understand the concepts and definitions at play.
Zero tolerence = applied in every case it fits factually (honestly i think you're close-ish on that one, but skewed by the next one)
Discretion isn't "written into the law". there is no language that says "police officers to use at their discretion". The laws are purposefully left vague, so the officer can use discretion in when to apply them. that's a small but very important difference. the discretion isn't IN the law, it's a result of the law, because the law is vague.
here is new yorks:
Quote
A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
He engages in fighting or in violent, tumultuous or threatening behavior; or
He makes unreasonable noise; or
In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
He obstructs vehicular or pedestrian traffic; or
He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose. Disorderly conduct is a violation.
I see this charge for students very frequently. The police use this violation as their favorite thing to charge students with then they “mouth off” to the police on a street outside a house party.
For the prosecutor to be successful at trial, they must prove beyond a reasonable doubt that the alleged conduct happened in a public place, and that the conduct caused public annoyance (or any other factors listed above).
PENALTIES:
$0-$250 fines
up to 15 days in jail (not uncommon for charges that happen on SLOPE DAY or other big drinking days in Ithaca)
$120 surcharge in City Court / $125 surcharge in Town Court
1 year Conditional Discharge (no new arrests)
take note of all the intentionally vague language.
intent to cause public inconvenience, annoyance or alarm (intent to annoy? planned parenthood or westboro baptist church anyone?)
He makes unreasonable noise (ummm wat? what decibel? etc)
Without lawful authority, he disturbs any lawful assembly or meeting of persons (basically every Jordan Peterson or Shapiro speech ever)
its all vague on purpose. designed that way 100%