The “Walgreens is closing SF stores because the DA won’t prosecute shoplifting” narrative is complicated by a couple things:

1) reported shoplifting in the city is down.

2) the store announced it was closing hundreds of stores in the fall of 2019, before Boudin took office.
Moreover, a 2014 CA law makes shoplifting less than $950 a misdemeanor. So *no* DA in CA can throw the book at those shoplifters.

Retailers are lobbying to repeal the law. Which they have every right to do. But it’s also worth considering that they might have some incentive…
… to exaggerate the problem, or to retroactively blame pre-planned store closings on a shoplifting surge.

*Maybe* shoplifting really is up, and the contradictory crime data is due to under-reporting. But that’s an unfalsifiable claim, and it at least deserves some skepticism.
I recommend this episode of the Citations Needed podcast for more analysis:

m.soundcloud.com/citationsneede…

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More from @radleybalko

1 Jun
As I mentioned in a thread this morning, the new edition of Warrior Cop is out today. I'm really grateful to have the opportunity to update this story.

However, I do need to acknowledge an error. After turning in my manuscript last December, I asked my editor if I could add ...
... an additional section about the 1/6 violence at the Capitol. She agreed it's an important part of the story, so I turned that section in a couple weeks after the riots.

My error concerns the death of Officer Brian Sicknick. At the time, the Capitol Police, DOJ ...
... and national reporting all indicated his death was directly caused by one or more people involved in the riot. But in April, the medical examiner's report concluded that though the riots may have contributed, Sicknick died of natural causes.

When that report came out ...
Read 7 tweets
17 May
Some context for today's retroactivity ruling:

Before it agreed to hear Ramos (in which it ruled that laws allowing convictions from non-unanimous juries are unconstitutional), dozens and likely hundreds of prisoners had previously petitioned the court . . .
. . . on the very same question. The court declined to hear their cases, as it does with the vast majority of petitions. So those convictions all stood.

The court's subsequent ruling in Ramos meant all those convictions were unconstitutional. But today, the court ruled that ...
. . . even though those prisoners' unheard arguments were correct -- their rights were indeed violated -- they're all screwed.

Not because of anything they did. Only because they're unlucky enough to have filed before the court decided it was interested in the issue.
Read 10 tweets
25 Apr
A quick thought on these bills: Since Ferguson, I’ve heard many, many older white people voice their fear of inadvertently driving near a protest, getting stuck in front of a wall of protesters, then getting pulled out of their car and beaten.

newrepublic.com/article/162163…
Can’t tell you how many times I’ve heard it. It’s usually followed by an admission that if this happens, they’d have no choice but to run people over to save themselves or their families. It’s an oddly specific fear. And one some people apparently think about a lot.
I’ve heard it enough, especially from older white men — including some who might otherwise agree with much of the protesters’ message — that I’ve come to assume it’s common. Given the age of the people from whom I’ve heard it, my hunch is the Reginald Denny video...
Read 5 tweets
9 Apr
Just stumbled on this humdinger of a qualified immunity case from 2019.

A Georgia man was exonerated by DNA after serving 7 years on a rape conviction. Because the Georgia had no compensation law for wrongful convictions, the state legislature . . .

media.ca11.uscourts.gov/opinions/pub/f…
. . . had to pass a special bill to compensate him. The DA who prosecuted him (the same DA who prosecuted Troy Davis, BTW) wrote a letter to the legislature claiming the man was still under indictment for rape and kidnapping. This was false to the point of libel. But it worked.
Because of the letter, the legislature killed the bill before it came to a vote. So the man sued the DA. In 2019 the 11th Circuit ruled: The DA lied, but he's still entitled to QI.

Why? Because there's no "clearly established law" stating that it's unconstitutional ...
Read 4 tweets
1 Apr
If, like me, you're dizzied by the back and forth over the Georgia voting law, this is helpful. Seems like the GOP wanted to make the law a lot worse, but backed down after backlash. The law does expand voting access in some ways, ...

businessinsider.com/georgia-new-el…
... but more in rural (read: white, conservative) areas. The water thing is real, and bad. There are some good parts, like mandating new precincts in areas where there have been long waits. Some provisions seem destined to make vote counting more chaotic. But the worst part is...
. . . kneecapping the secretary of state by giving the legislature control over the election board. Hard not to read that as direct repudiation of Raffensperger for doing his job, and not facilitating Trump's attempt to nullify the presidential election.
Read 4 tweets
4 Mar
I don’t know if “defund” cost the Democrats votes among some demographics. Polling suggests so. But polling also suggests they picked up votes among others. Here’s what the Floyd protests definitely did do: They moved the needle on qualified immunity, no-knocks, and police abuse.
They inspired state-level reforms that weren’t fathomable a year ago. Maybe “defund” created room for those positions. Made them seem moderate. However it happened, it happened.

Much of the reaction to that Shor interview has been about points-scoring in the wokeness wars.
It’s been centrists and libertarians who otherwise claim to care about police reform scolding those silly protesters for making unreasonable demands. Here’s the thing: The protests achieved more in eight months than centrists and we libertarians have in decades.

Maybe it’s ...
Read 6 tweets

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