Ray Hrdlicka – Host – Attorneys.Media
That was a little bit heart-stopping there for a second when you said that it would double the sentence having a gang related crime.
Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA
Very true. The push back, back in the 80s and 90s, and probably the early 2000 since that… a lot of gang violence. And the state legislature had bill’s passed… saying that we’re going to try to decentivize and deter people from engaging in gang behavior, and the way that we’re going to do this… we’re going to make partial sentences.
Now, being honest and having done this work for 32 years, people in gangs don’t really care about sentencing, they don’t calculate in their mind. They’re not deterred because they’re not studying the new laws. They’re not changing their mind about doing a drive-by because they know they’re going to get an extra 15 years. Both sides of these really don’t become part of their mental preparation for what they’re going to do.
But it makes society feel better… that there’s partial sentences out there. Which a lot of people are going to give me push back when they hear that. But it’s just the truth. Anyone in the criminal justice system would tell you, pretty much what’s apparent and what it really is.
Ray Hrdlicka – Host – Attorneys.Media
Well, that argument could be made that we’re taking that gang member off the streets, though…for a longer period of time.
Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA
And that’s an understandable, legitimate argument. But with my experience in what I’ve learned, my clients don’t spend a lot of time studying what things are before they make their mistakes.
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