What's my bail for a WMD offense in California?

June 11, 2005 2:47 PM

What's my bail for a WMD offense in California? If against a person, or water or food: $1 million. But for just $100k, you can use WMDs against animals, crops, or natural resources and be out free by dinnertime.
posted by Kickstart70 (8 comments total)

"A person shall be released on bail by sufficient sureties, except for... Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released." - California Constitution, Art. 1, Section 12(c)

"In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case. Public safety shall be the primary consideration." - California Constitution, Art. 1, Section 28(e)

In other words, I wouldn't schedule Osama for a date at In-N-Out based on the bail table. They probably just set a bail amount so that they could over-ride it on public safety concerns anyway.
posted by falconred at 3:49 PM on June 11, 2005

WTF? Lynching is just ten grand.
posted by weapons-grade pandemonium at 3:49 PM on June 11, 2005

For the bail on WMD offenses it's pretty clear what they're trying to do. If your offense harms or could potentially harm a human then it's considered more severe and so gets a higher bail. Poisoning the water or food supply would fall under this. I think I can sort of understand the difference between WMD v.s. the food supply and WMD v.s. crops. The crop isn't the food supply until it's harvested or processed. Oranges get picked, cows get slaughtered and butchered and after that they're food.

The lynching bail is the same as for intentional serious harm with a weapon. This seems appropriate. I don't care if you cause me serious harm with a rope or a length of pipe, the end result is the same. If the lynching or beating results in death then it moves on to murder.
posted by substrate at 5:15 PM on June 11, 2005

What about the possession, manufacturing or use of weapons of medium destruction?
posted by clevershark at 6:51 PM on June 11, 2005

ESCAPE OR ATTEMPT TO ESCAPE FROM COUNTY OR CITY JAIL, FARM OR CAMP: No bail.

Well duh.
posted by clevershark at 6:52 PM on June 11, 2005

Lynching is murder.
posted by weapons-grade pandemonium at 10:38 AM on June 12, 2005

OK, I just paid $5 to tell you that I have been arrested for participating in a lynching. California Penal Code 405(a), to be precise. And it felt pretty good. Especially when the district attorney declined to file charges. This is lynching:

405a. The taking by means of a riot of any person from the lawful custody of any peace officer is a lynching.

405b. Every person who participates in any lynching is punishable by imprisonment in the state prison for two, three or four years.

The colloquial definition actually encompasses two seperate crimes: seizing the victim from the police (lynching), then killing them (murder).
posted by ryanrs at 12:40 PM on June 12, 2005

ryanrs...you post that and no details? Shame! :)
posted by Kickstart70 at 7:31 AM on June 13, 2005