How can I find the sources mentioned in my book based off of this index?

ballofpopculture · 2022-04-25T12:16:54+00:00

Usually if you see a citation in that format, it was previously cited in the book in its full citation. Every subsequent citation to the work gets shortened to the author's last name and the page number (subject to the citation formatting being used).

They may also use a Bibliography at the end of the book that serves a similar function.

For instance, Ruggles, RS, 479 is probably page 479 of Records in Stone by Clive Ruggles. Lockyer, DA, 79 is page 79 of Dawn of Astronomy by Norman Lockyer. Both of which are cited in full within the bibliography to that book (At least in the version I am currently looking at).

ballofpopculture · 2022-02-20T20:01:48+00:00

It is, however, within their discretion to still sent someone above or below the statutory range for a particular crime

The most notable thing about this in the last jurisdiction I spent time in was that the judge had to write a note saying why they went below the statutory range. There was a feeling that a judge handing out a light sentence and a judge putting it down in writing were two very different bars to clear.

ballofpopculture · 2022-02-20T19:55:55+00:00

Yes, that's pretty much it, but the judge wouldn't be altering as much as rejecting it. That language is probably most important because it's the rejection of the plea that allows for the plea to be rescinded (again, state specific)

From CA: "I understand that the plea agreement in item 2 (on pages 1 and 2) is based on the facts before the court. I understand that if the court approves this plea agreement the approval of the court is not binding, and that the court may withdraw its approval of the plea agreement upon further consideration of the matter. I understand that if the court withdraws its approval of this plea agreement I will be allowed to withdraw my plea."

Sentencing is a really frustrating concept and (imo) sometimes involves way more lawyering than trials. Both federal and state sentences involve ranges of possible outcomes dependent on the charges, the person, and how the judge was feeling that morning. Sometimes something as simple as whether the accused can serve their sentence in county jail instead of state prison is the biggest issue facing the defendant (usually < 1 year).

ballofpopculture · 2022-02-20T17:27:54+00:00

Yes, but keep in mind how many important details are missing in these types of reports.

The case was 1.5 years old and ended in a no contest plea. Why?
Was the no contest plea part of a deal that had a reduced jail time stipulation?
What is the substance of the evidence police say they have (grainy security footage? eye witnesses? Are the eye witnesses still available?)?

Both sides are doing calculus. Prosecutors consider how many resources they have and whether it's worth bringing to trial. They consider how much evidence is available to get a guilty verdict. They consider how likely a guilty verdict is.

Defense is considering similar things: what their chances at trial are vs. a no contest plea to a reduced sentence. And keep in mind that's not just a question for the attorney, but the defendant. Sometimes when a defendant who knows they did something would rather take 6 months then 1.5 years.

Lastly, the dude now has a felony conviction and a 3 year probation. There is a strong likelihood he serves more than 6 months by the end of it.

Note: I'm not sure what the CA procedural laws are, but in other states a deal with the prosecutor (for reduced sentencing) is not a deal with the judge, but you are allowed to rescind your plea if the judge gives you more than you agreed upon.

ballofpopculture · 2022-02-10T21:40:19+00:00

Not (yet) a lawyer, but I have interned with a local PD office, a Federal PD office, and a federal judge. I have some thoughts with the caveat that every town and every district is different, but here are some general impressions I've gotten while being in the offices and courts:

PDs have an unmatched level of experience within the courts. They know how each judge rules and they know how pissy they can get. It is both a common and incredibly shitty fact that judges view "loser" cases as a waste of their time and have the discretion to choose your sentence accordingly. That is if there's not some actual disagreement of law/fact and you have opted to take it to trial anyways (see below) the judge may be pissy enough to give you as much of a sentence as they can. This is a fear in the PD's head.
It is always your right to go to trial (it's in the model rules of professional conduct, and I am 99.9% sure it's in the actual professional conduct rules of every state in the country). If you opt to go to trial the PD will be there for you. They love going to trial. They don't get to do it enough (see point 1).
Every district is different, especially when it comes to sentencing. The local office I interned in was one county over from a pretty Liberal County. The amount of people who would get on the highway in Liberal County and get busted holding in my county was incredibly high. Their crimes in Liberal County would get them cupcake sentences, Nolle Pros, and dismissals but in my county they would be looking at time.
Being realistic about your sentence and what they have on you is step 1. A defense attorney is always looking for procedural issues by the cops that will get evidence thrown out. If you did what the state says you did, suppression of evidence is your best chance at not doing time. Keep in mind that PDs have seen more of these cases than anyone else, and they've seen more repeat procedural offenses than anyone else. If someone gets busted in a certain location, they can usually guess which cop it was, or have some idea. They know the Bad Eggs, and they know the procedure of their state.
Point 4 is the dream, but not always (maybe rarely) the reality. What the public thinks is improper on the part of the state and what actually is improper on the part of the state are two very different things. It's frustrating. You'll hear about completely legal actions that feel like absolute bullshit (a post for another time).
PDs are absolutely overworked, and they plead out most of their cases, but this is the nature of those who come to them. People with no money, likely high, likely either needing drugs or money to feed an addiction. They are easy "wins" for police, and difficult to refute from the the PD side. Police knock on your motel door and you open it and there's a scale, baggies, and bundles just sitting there on the counter? What do you want the PD to do? (Don't open your doors, kids).
It is likely you will get more eyeballs on your case if it's a felony, especially if the facts are weird or involve lots of moving parts. I probably did ~150 interviews over the course of a summer and probably sat in on another 150. The amount of cases that follow the motel template in 6, or the "Stuff shit in your pockets to pawn as you walk out of Home Depot" template was pretty high, but when something didn't seem par for the course, or it wasn't a DUI/Possession/Para charge, it would usually get more eyes and would likely get extra investigation requests. Note: this is not to say that DUI/Poss/Para don't get eyes and hours, but the interviews and conversations don't usually make the spider senses tingle:

Me: "So the cop asked you if you had anything on you and you pulled out a syringe?"

Them: "Yeah."

Me: "And then you told him you had heroin in your backpack?"

Them: "Yeah."

-Some version of this is relatively common, and it's probably going to get plead. There isn't much you can do from a law standpoint to fight that, and (depending on your county) the "jury of your peers" are middle-to-older aged folks who don't like people with heroin in their backpacks. If that fact pattern went to trial without some egregious procedural issue on the part of the police, the judge would be licking their chops (see: #1 above).

PDs get paid the same no matter what. They would rather make that money going to trial and winning. NGs are the fucking life blood of most PD offices.

ballofpopculture · 2021-10-21T16:55:51+00:00

When I saw there was a Chris Carrabba version I was excited (as a long long time Dashboard fan), but it just doesn't hit like the Hoppus version.

ballofpopculture · 2021-07-08T02:39:41+00:00

Congrats, man.

I turned 36 today and work with people who have wrestled with addictions for a long time. What you've accomplished is amazing, and it's never easy and it's always a wrestling match. I'm really happy for you, and I hope tomorrow is 7 months and 2 days clean, and next year you're back here saying you're 36 and you're 19 months and 1 day clean.

As some have said in this thread, each day is a gift, but so is your hair. It's looking great. Keep at it.

ballofpopculture · 2021-05-26T21:11:14+00:00

CluCoin

ballofpopculture · 2021-02-26T18:58:47+00:00

Yeah, me too. I do 1 tbsp of lemon juice, then enough milk to make 1 cup for my usual scone recipe. Surprisingly difficult to find buttermilk around me.

ballofpopculture · 2021-01-20T15:42:20+00:00

I will second this. We got the hook, and identified about half the songs, but never solved it. Even though the puzzle still remains unsolved on our board, it was one of the most memorable and enjoyable puzzles to try and solve over the weekend.

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