05-02-2025, 05:31 PM
(05-02-2025, 10:45 AM)Parcival Wrote: Your confusing a charge with a judgement. Just because its being set as a mandatory felony it is still a charge. Sentencing is still in a judges hands and guilt or innocence is still in a courts hands. That is how our system works and should work and how most states are. Why is California afraid of this? This law is also geared towards the trafficker and not the trafficking victim. Your trying to make it sound like if your being forced into the sex trade your charged with a felony. We do not charge the victims in crimes in this country. Stop looking for the one in a million scenario. If you traffic and sell another human being it should be a felony. Period.
Mandatory sentencing removes the requirement for judicial sentencing and assumes that all crimes covered are equally motivated and all convicted are fully culpable in commission of the crime.
Consider someone who 'coyotes' people undocumented from place to place to place mistakenly thinking that they are actually rescuing the people? They may be misled by others who intend to use the transportees for prostitution rather than rescuing them from it. The coyote thinking they are doing the right thing is actually enabling the crime unbeknownst to them. A mandatory sentence would prosecute them to the same level as those who had criminal intent.
What of an Uber driver who takes on a big fare moving a couple of 'partying' guys across a state lines? Is the Uber driver guilty of transporting people for the purpose of prostitution?
You see, law must deal with a broad spectrum of culpability, which mandatory sentencing cannot.
Again, there already is sufficient law to fully and fairly deal with this!
It is dangerous to pander to the virtue signalling politicians on this. Just look at how Trump's deportation of the undocumented who are allegedly criminal drug-dealing gang-bangers, has already included US citizens, children, and several others innocent of any crime other than being undocumented.
Holding to such a blinkered and un-nuanced view of the law and its application is an indicator of either a simpleton or a sociopath.
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