Viewing a single comment thread. View all comments

matzoh_ball t1_jccss66 wrote

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

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.

0

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.

2

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.

2