prosecutors prove a car’s doors were locked at the time of a break-in
Weird law. Here in Wales if you leave it unlocked you might have a problem with your insurance but it’s still equally a crime.
Weird law. Here in Wales if you leave it unlocked you might have a problem with your insurance but it’s still equally a crime.
I lived in San Jose, left my crap car's doors unlocked because there was nothing in it. Still, the thief just broke the passenger window (without trying the door?) , opened the glove compartment, saw there was nothing in there, and moved on.
So, not a crime I guess. Yay California. I don't live there anymore.
Talk about perverse incentives.
“It’s ridiculous that under current law you can have a video of someone bashing out a car window, but if you can’t prove that the door is locked you may not be able to get an auto burglary conviction"
So what? Surely you can still get a conviction for criminal damage (as it's called in the UK) or theft?
"In California a misdemeanor is defined as a crime for which the maximum sentence is no more than one year in county jail."
A year in jail is a serious punishment. Why can't these people be prosecuted?
At any given time, any given American can likely be prosecuted for a misdemeanor.
The question you are asking is, why are these people prosecuted only after every misdemeanor crime which is prosecuted, and additionally only after those misdemeanor crimes which counterfactually would be prosecuted before this one if more misdemeanor crimes were prosecuted?
The answer is complex.