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LiftCats t1_iycyaju wrote

Reply to comment by BungeeGump in Holmdel proposes fines, jail time for attempted car thefts by double_chicken

County courts usually end up dismissing the 3rd degree charges in exchange for the defendants pleading to disorderly persons offenses (inconsequential). The townships have no control over this. By enacting their own town ordinance, they can control at least the prosecution of the ordinance violation in their own courts. Whether that can result in jail time seems fishy to me, but who knows.

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973reggie t1_iyehr1q wrote

What do you mean by ‘the towns’? Judges adjudicate these things, not mayors or citizens.

There’s a reason we have (hopefully) unbiased third parties making the decisions. Obviously if the people most worried about this crime were the ones making the rules they would throw the book at every one who peeks in a window in there town. It’s a GOOD thing individual towns or blocks of citizens don’t have control over the courts.. not a bad thing.

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LiftCats t1_iyeibmc wrote

Crimes are prosecuted by superior court judges at the county level. Ordinances are prosecuted by municipal court judges at the municipal level. Superior court judges have a single reappointment at 7 years and then they’re lifetime judges so that there’s no influence on them. Municipal court judges are basically part time employees hired by mayors and subject to whatever politics the town applies.

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973reggie t1_iyeiwj1 wrote

Okay but your acting like it’s a bad thing that crimes like this are taken out of the towns hands. Doesn’t make any sense. Think about all the fucked up shit would be enforced if towns were allowed to write major legislation and then uphold it in court? Every town would have a block of powerful/rich residents that would be passing and enforcing laws that just serve there interests..

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LiftCats t1_iyek17n wrote

I don't know that I'm acting like anything. My statement is based on what I perceive the town's goals and intentions to be. They are frustrated with vehicle thefts / prosecution or lack thereof, and this is a solution they are trying out. I've offered no opinion on what is right or wrong, and I added that the town's purported ability to sentence people to jail for an ordinance seems fishy.

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973reggie t1_iyeo3ii wrote

It seems like you would like the towns to have more say.

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LiftCats t1_iyeq657 wrote

In this case I think parts of the ordinance are likely overbroad and could be considered unconstitutional. I understand the town’s frustrations but I’m not sure this is the solution.

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