Criminal
Jul. 8, 2008
Drug Cases: the Legal Equivalent of Shooting Fish in a Barrel
Ultimate responsibility for fairness within the criminal justice system rests not only with the defense bar, but also with the judiciary.
Konrad Moore
Public Defender, Kern County Public Defender's Office
Forget whether drugs should be illegal. A Central California newspaper recently asked its readers whether simple possession of methamphetamine should always be a felony. The article focused on the local district attorney's practice of charging every methamphetamine possession case as a felony, despite the California Health and Safety Code's treatment of the offense as a wobbler, a crime that may be charged either as a felony or misdemeanor. Surely, some drug offenders deserve prosecution...
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