[HN Gopher] Letter from Union Pacific to LA District Attorney re...
       ___________________________________________________________________
        
       Letter from Union Pacific to LA District Attorney re: train thefts,
       safety [pdf]
        
       Author : tomohawk
       Score  : 77 points
       Date   : 2022-01-18 20:50 UTC (2 hours ago)
        
 (HTM) web link (www.up.com)
 (TXT) w3m dump (www.up.com)
        
       | fuzzer37 wrote:
       | >we estimate over 100 arrests have been made of active criminals
       | vandalizing our trains.
       | 
       | I think the graffiti on trains looks cool. Much nicer looking
       | than the logos on the side.
        
         | ohCh6zos wrote:
         | I can't stand graffiti anywhere because it implies a lack of
         | respect for those around you.
        
           | nopenopenopeno wrote:
           | I agree. Advertising has gotten out of hand. It is insulting
           | to the citizens of our society, and often outright dishonest
           | as well. The advertising industry should be illegal.
        
           | AlexandrB wrote:
           | Would you apply this same standard to wearing a mask during a
           | pandemic? How about being vaccinated?
        
           | wolverine876 wrote:
           | What I see is someone taking ugliness and artlessness and
           | creating beauty.
        
             | greggman3 wrote:
             | Sometimes I see street art and I'm more mixed. But 99% of
             | the time it's just tagging and names. If you really believe
             | graffiti is ok then I'll be happy to come over and tag your
             | car, your laptop, your phone, your house. No complaining if
             | you don't like what I write or its style.
        
               | wolverine876 wrote:
               | That isn't what we are talking about. I don't recall any
               | graffiti on personal, private property. Usually it's on
               | highway overpasses, railcars, etc.
        
       | andjd wrote:
       | > On average, over 90 containers compromised per day.
       | 
       | > 160% increase in criminal rail theft
       | 
       | Combining these statistics indicates that UP was experiencing
       | over 56 containers compromised per day before the policy change.
       | 
       | Compare that with the almost 50,000 containers daily that flow
       | through the Ports of LA and Long Beach. I don't know what
       | percentage of that UP handles, but I think it's safe to say that
       | even 90 containers is a small fraction. UP has insurance, and,
       | I'm sure treats a small percentage of thefts as the cost of doing
       | business.
       | 
       | UP can increase their investment in securing their trains and
       | property. The alternative is the taxpayer spending a lot of money
       | on police and incarceration. The US's incarceration rate is
       | ridiculously higher that all other advanced economies. We can
       | probably find better things to spend all that money on.
        
         | DantesKite wrote:
         | The US justice system is the best in the world and one of the
         | reason's why capitalism has flourished so well here. It is by
         | no means perfect, but a free market only works when the rules
         | are enforced.
         | 
         | Giving up on crime doesn't strike me as a sensible solution for
         | any community. See San Francisco et al.
        
           | throwaway946513 wrote:
           | > The U.S. justice system is the best in the world, and one
           | of the reasons...
           | 
           | I'm sorry, but this is the first time I've heard such a
           | statement, and would like to know more.
        
           | gunfighthacksaw wrote:
           | The shariah justice system is the best in the world and one
           | of the reason's why Islam has flourished so well there. It is
           | by no means perfect, but a pious society only works when the
           | rules are enforced.
        
             | solumos wrote:
             | I'd rather live under sharia law than anarchy
        
         | akersten wrote:
         | By your math, how many containers per day were being
         | compromised were they to have said only a 100% increase in
         | criminal rail theft?
        
         | codekansas wrote:
         | Personally I'd rather not have big businesses carrying out
         | vigilante justice to secure their property
        
           | version_five wrote:
           | Some jurisdictions have the concept of "railway police" who
           | are sworn officers protecting the railway land. See the US
           | section for example:
           | https://en.m.wikipedia.org/wiki/Railroad_police
           | 
           | They still work for the railway so there is some conflict but
           | I don't know that they'd by any more vigilante than regular
           | police, and they have a special status with the states
           | compared to security guards
        
           | chasd00 wrote:
           | > Personally I'd rather not have big businesses carrying out
           | vigilante justice to secure their property
           | 
           | you mean like a security guard? That is very common
           | everywhere, at least in the US.
        
           | thrill wrote:
           | You only own what you can and will defend.
        
             | ajmurmann wrote:
             | That's why nobody in any developed country other than the
             | US owns anything.
        
               | gunfighthacksaw wrote:
               | Technically, no one owns property. True ownership is in
               | allodium (by virtue of you being there and keeping others
               | off) but there are no allodial land titles left except in
               | certain US states (Arizona and Texas?) but the Federal
               | government kind of supersedes them by virtue of having
               | the most and biggest guns and controlling all of the
               | surrounding land.
        
         | MarkLowenstein wrote:
         | This is often the opinion of people who don't see a cost to
         | them. I'm going to guess that
         | 
         | (1) You don't live near one of these tracks where violence may
         | occur and violent individuals are congregating.
         | 
         | (2) You don't know if anything you buy travels along these
         | tracks.
         | 
         | (3) You are wealthy enough that a 0.1% increase in price
         | doesn't bother you.
         | 
         | (4) You don't have kids growing up in that area who notice that
         | it's more profitable and easier to rob trains than to go
         | through school and produce something.
         | 
         | (5) You aren't on a train crew whose lives are being
         | threatened.
         | 
         | How am I doing so far?
        
         | [deleted]
        
         | solumos wrote:
         | > UP can increase their investment in securing their trains and
         | property.
         | 
         | That's exactly what they're proposing/threatening:
         | 
         | > As a result of Los Angeles County's rail theft crisis,
         | customers like UPS and FedEx that utilize our essential rail
         | service during peak holiday season are now seeking to divert
         | rail business away to other areas in the hope of avoiding the
         | organized and opportunistic criminal theft that has impacted
         | their own business and customers. Like our customers, UP is now
         | contemplating serious changes to our operating plans to avoid
         | Los Angeles County. We do not take this effort lightly,
         | particularly during the supply chain crisis, as this drastic
         | change to our operations will create significant impacts and
         | strains throughout the local, state, and national supply chain
         | systems.
         | 
         | You'd think it would be common sense to not let repeat
         | offenders get off easy, but it looks like that's exactly what
         | the DA is doing here. Pretty simple case of "show me the
         | incentives and I'll show you the outcome" -- if you let people
         | rob trains with little to no consequences, they're going to
         | keep doing it.
        
         | leephillips wrote:
         | When I lived in DC and called around for contractors to do
         | things to my house, I encountered some who would not take jobs
         | in that city. It wasn't worth it to them, because tools were
         | routinely stolen from their trucks. Of course they could have
         | invested in guards and armored trucks. But it made more sense
         | to only do business in VA and MD, which had more effective law
         | enforcement.
         | 
         | Toward the end of the letter UP warns of the same outcome:
         | unless the government starts doing its job they'll just avoid
         | LA. The end result of more businesses making this choice will
         | lead to LA becoming another Detroit.
        
           | jdavis703 wrote:
           | > The end result of more businesses making this choice will
           | lead to LA becoming another Detroit.
           | 
           | That's not the only possible future. Another is that
           | contractors charge more for working in a high-risk area.
           | 
           | For example urban grocery stores tend to have several
           | security guards, some which might be armed. And they charge
           | higher prices than their suburban counterparts (of course
           | higher rents, taxes, local minimum wages and what not also
           | contribute.)
        
         | zthrowaway wrote:
         | "They have insurance" is unfortunately a common phrasing in
         | defense of cities not enforcing the law. You do realize
         | insurance cost will increase the more it's used.
         | 
         | How about the city just doesn't let criminals run rampant? From
         | what it seems, they are barely trying and they have a DA that
         | refuses to play ball anyways.
        
           | chasd00 wrote:
           | yeah isn't insurance costs based on a risk assessment?
           | Insurers aren't in the business of giving away money.
           | 
           | edit: people will only put up with it for so long and then
           | you'll have vigilante squads running around which is a much
           | more dangerous and expensive problem than just enforcing
           | existing law
        
         | cissou wrote:
         | It's a 160% INCREASE, not a 60% one (you misread as +60%). But
         | even +60% year over year would be no joke. Your comment assumes
         | it'll stay constant but if the trend holds the required
         | investment in security could become sizable. Not that I even
         | see the case for not prosecuting crime just because << UP has
         | insurance >> (you sure their insurer will be happy to pay for
         | that crime and not raise premiums? Why should UP customers pay
         | for security directly when the rest of the country gets it
         | through actual police?)
        
         | fennecfoxen wrote:
         | > UP has insurance, and, I'm sure treats a small percentage of
         | thefts as the cost of doing business.
         | 
         | And the revenues from shipping -- just revenues, let alone the
         | profits -- are a fraction of the value of the cargo. If, say, a
         | container full of new MacBooks gets broken into and looted,
         | that is going eat the profits they'd earn from a _lot_ of other
         | containers. While they have insurance, they pay for that
         | insurance, and unless the insurer is (a) stupid or (b) a
         | charity, they pay at least as much as the amount of the losses,
         | and probably more.
         | 
         | UP and their customers seem to be uninterested in simply
         | shrugging, saying "insurance", and eating that cost.
         | 
         | Oh, and then there's the risk to employees who may occasionally
         | be attacked or held at gunpoint. It doesn't take a lot of that
         | before the impact on your personnel becomes a drain, too, and
         | hiring is tight enough in this economy even _without_ asking
         | for people to risk life and limb.
         | 
         | > UP can increase their investment in securing their trains and
         | property. The alternative is the taxpayer spending a lot of
         | money on police and incarceration.
         | 
         | It looks like they propose to secure their trains and property
         | by doing business in places that are not Los Angeles.
        
         | ylhert wrote:
         | > UP can increase their investment in securing their trains and
         | property
         | 
         | Not sure what more they can do, considering the fact that they
         | go so far as to weld these container shut now.
        
       | ilamont wrote:
       | _* On average, over 90 containers compromised per day. * In
       | partnership with Los Angeles Police Department (LAPD), Los
       | Angeles County Sheriff's Department (LASD), and California
       | Highway Patrol (CHP) we estimate over 100 arrests have been made
       | of active criminals vandalizing our trains. UP alone making
       | several dozens of arrests. * With our law enforcement partners we
       | have deterred hundreds of individuals from trespassing and
       | vandalizing our trains. * Of all those arrests, however, UP has
       | not been contacted for any court proceedings._
       | 
       | The damning thing here is the lack of prosecution for the arrests
       | that have happened. It's a clear message to offenders that they
       | can continue what they are doing with no serious consequences.
       | 
       | However, a figure that's missing from Union Pacific's letter is
       | how much (or how little) UP has invested in security measures
       | since the theft wave began, or relative to another time period.
        
         | Symbiote wrote:
         | > UP by its own effort and cost enlisted additional and
         | existing Special Agents across the UP system to join our local
         | efforts with LAPD, LASD and CHP to help prevent the ongoing
         | thefts. We have also utilized and are further exploring the use
         | of additional technologies to help us combat these criminals
         | through drones, specialized fencing, trespass detection
         | systems, and other measures.
        
         | pempem wrote:
         | Maybe its because the LAPD has such a little budget?
         | 
         | /s.
        
         | millzlane wrote:
         | >The damning thing here is the lack of prosecution for the
         | arrests that have happened. It's a clear message to offenders
         | that they can continue what they are doing with no serious
         | consequences.
         | 
         | Also missing, is the figure of number of arrests that haven't
         | been prosecuted. That data should be out there somewhere. It's
         | interesting that no data to prove the theory has surfaced.
        
           | nathanvanfleet wrote:
           | That's what they are saying, the government isn't supplying
           | them with that data.
        
             | lazyasciiart wrote:
             | All prosecutions are public data. So the government may not
             | be serving it up on a plate, but they also must not be
             | trying to find out.
        
           | pmorici wrote:
           | UP implies they believe there have been zero prosecutions. If
           | there were any resulting from the arrests they made they
           | would have had to be involved as witnesses and they say they
           | haven't been contacted in that capacity.
        
             | dragonwriter wrote:
             | > UP implies they believe there have been zero prosecutions
             | 
             | Under the California Victim's Bill of Rights they have a
             | right to information on this on request (but they don't
             | have to be provided with it proactively), so if they merely
             | "believe" this but can point to neither concrete
             | information or a failure to respond to inquiries, it means
             | they have _chosen not to ask_ to avoid their belief being
             | proven wrong.
             | 
             | But, anyway, they don't say that, so its immaterial: they
             | specifically acknowledge prosecutions and convictions, they
             | are just upset that the DA is taking plea deals to charges
             | they feel are insufficiently serious rather than expending
             | more resources seeking convictions (and risking acquittals)
             | on more serious charges.
             | 
             | (They also specifically are validating the argument of
             | anti-cash-bail advocates by portraying cash bail as a
             | punitive and disabling measure against unconvicted suspects
             | rather than a means of securing appearance.)
        
         | mikewarot wrote:
        
         | almost_usual wrote:
         | Interesting they choose the word vandalism here. I hope they're
         | distinguishing between someone doing graffiti and someone
         | breaking into a container and stealing what's inside it.
         | 
         | Before anyone jumps to "well broken window" freight graffiti
         | has been a thing for like 40 years and has no correlation to
         | container robberies.
        
           | beerandt wrote:
           | Theft before the actual thing is taken would require at
           | minimum a proof of intent, and could still be problematic. So
           | vandalism is the "easiest" charge for those caught in the
           | act.
           | 
           | And gets around one potential argument from prosecutors that
           | charges should be dropped.
        
           | mleo wrote:
           | The use of "vandalism" vs theft seems to be perspective. The
           | container was vandalized to access. The actual theft of items
           | within is secondary. Related use. I had a storage space where
           | the company said there was vandalism in the area of my locker
           | and I should come check. Sure enough it was broken into and
           | items had been taken. As far as storage company was
           | concerned, it was vandalism of their property and theft of
           | mine.
        
             | lazyasciiart wrote:
             | It's at best accidental lack of precision. It is inarguable
             | that graffiti is vandalization: it is _possible_ but
             | unlikely that they are using it here only to describe a
             | subset of the activities it means.
        
         | csdvrx wrote:
        
           | pempem wrote:
           | !!!
        
           | Ma8ee wrote:
           | /s?
        
             | csdvrx wrote:
             | No it's factual, it's a tragedy that will eventually
             | happen, if the DA decides to keep not enforcing law. UP
             | will be blamed, but IMHO it'll totally on the DA due to his
             | inaction.
        
               | AlexandrB wrote:
               | I agree with you as long as we apply the same standard to
               | "white collar crime". Embezzle money from your company?
               | Off to death row for you. Defraud investors? Death row.
               | Run a Ponzi scheme? Death row.
               | 
               | Alternately, give defrauded investors the same rights you
               | suggest for property owners so they can hunt the guilty
               | party themselves.
        
               | csdvrx wrote:
               | I love of whenever we talk about "theft", people cry "but
               | what about wage theft".
               | 
               | There's a clear difference in scope, amount, consequence
               | (...), so much that except having the same letter in the
               | same order, it's not the same thing.
               | 
               | "Wage theft" means a small underpayment, which is (1)
               | directly and immediately found, (2) can be put to a stop
               | right after it happens by going to another job, (3)
               | carries financial consequences to someone with deeper
               | pocket, the employer.
               | 
               | "Theft" in the case of the attacked trains is for much
               | larger amounts, is apparently unstoppable and carries 0
               | consequences to the perpetrators - should they even be
               | found, charged and convicted, I don't think their estate
               | would be able to cover even a fraction of the losses.
               | 
               | To your favor, you didn't mention "wage theft" (yet), but
               | here, you're doing essentially the same thing with a
               | bunch of similar words.
               | 
               | FYI, all that you mention carry heavy consequences. Just
               | look at how it went for Holmes or Madoff.
        
         | integrii wrote:
         | Seems like you're suggesting that private security should be an
         | expected cost because the state will no longer protect you like
         | they have been for many years...
        
           | vkou wrote:
           | How much protection of their property can the average
           | American expect from the state? Very little.
           | 
           | The only thing you can expect of the police will do for you
           | if you get burglarized is a signed police report, and if
           | you're lucky, unsolicited advice to move to a better part of
           | town.
           | 
           | My wife's workplace gets stolen from fairly regularly. It's
           | _not_ located in one of those  'liberal' cities that
           | allegedly don't enforce any laws.
           | 
           | Despite that, the police have yet to do anything about it.
           | 
           | The primary function of the police is not, and has never been
           | protecting your property. The primary function of the police
           | is protecting the upper classes from you.
        
           | xyzzyz wrote:
           | I certainly did not expect the libertarian ideal of depending
           | for protection wholly on private security, instead of on the
           | state, to be first implemented in Los Angeles, of all places.
        
             | dragonwriter wrote:
             | UPs police force is not private security in the usual
             | sense. Those in CA are California peace officers, and all
             | of them are also specially federally empowered for
             | interstate operations.
             | 
             | And this isn't new, major railroads have had these
             | publicly-empowered police forces since the late 19th
             | century.
        
           | bpodgursky wrote:
           | UP already has their own police. Why bother investing in
           | more, if none of the arrests result in charges? It's
           | pointless to spend more.
        
             | dragonwriter wrote:
             | > Why bother investing in more, if none of the arrests
             | result in charges?
             | 
             | UP is not complaining that none of the arrests result in
             | charges. (They are complaining that the DA is settling for
             | plea deals to lesser charges than they would prefer and not
             | trying to employ cash bail as pre-conviction punishment for
             | disabling [by incarceration of those who can't afford it]
             | suspects and deterring potential future criminals instead
             | of not using it when it is not necessary to secure
             | appearance of a suspect legally presumed innocent.)
             | 
             | Also, it's well known that sufficiently visible security is
             | a deterrent to crime, which is better than after-the-fact
             | arrests, so an eruption in undeterred crime is evidence of
             | a need for more and more visible security.
        
           | analog31 wrote:
           | To make an analogy, my dad worked at a large chemical
           | factory. It had its own full service fire department. This
           | department also participated in mutual aid with the
           | surrounding town. One thing they could do was provide
           | services that would normally not be a consideration for a
           | sleepy suburb, such as a bomb squad.
           | 
           | I think if your business is particularly security intensive,
           | I don't see a reason not to supplement the basic services
           | provided by the government. There have always been railroad
           | police, armored car services, and so forth.
        
             | munificent wrote:
             | I don't think moving random manufactured products from
             | point A to point B should be considered "particularly
             | security intensive". This is just basic commerce and
             | logistics.
        
           | ilamont wrote:
           | Private security is an expected cost for any business (or
           | homeowner for that matter). Even if the local police
           | department is fully staffed, they certainly can't be
           | everywhere at all times, respond instantly to a report of
           | crime, or deal with issues that it is not staffed for such as
           | rampant technology-enabled crime.
           | 
           | So, maybe the security is an investment in new cameras. Maybe
           | it's a better lock that can't be bypassed. Maybe it's an
           | investment in network security personnel or systems. Maybe
           | it's a doorman at the apartment building, or a security guard
           | serving as "eyes and ears" for the police.
           | 
           | My question earlier is how much UP - a publicly listed
           | company with $20B in revenue in 2020 - has increased security
           | expenditures to keep up with traffic, theft, and other
           | potential threats to its business.
        
             | thatguy0900 wrote:
             | Insane that this discussion is happening like this.
             | Depending on the state for property protection is a basic
             | facet of a functioning government. Literal organized stage
             | coach robbery is not an issue anywhere else in the US, and
             | it is not UPs responsibility to deal with it, unless we
             | want to return to a period of private armies.
        
               | fennecfoxen wrote:
               | Fun fact -- contract work as railway police was one of
               | the original lines of business for the notorious
               | Pinkerton Detective Agency.
        
             | fennecfoxen wrote:
             | Camera's not going to do anything by itself if you can't
             | actually stop the person who is on the camera, and it's a
             | lot harder to stop that person if they're never going to
             | jail even when they're caught red-handed and arrested at
             | the scene.
             | 
             | I mean, heck, if it comes down to it, Private Security can
             | also mean that UP just gives up on Los Angeles and its
             | eponymous port entirely.
        
               | lazyasciiart wrote:
               | Cameras provide evidence that is far more reliable and
               | simpler to present than testimony from a railway security
               | guard. This evidence could even be shared publicly to
               | support their case.
        
             | pmorici wrote:
             | They can't be everywhere at once but they should be
             | apprehending repeat offenders it sounds like they are
             | arresting plenty of criminals they just aren't being
             | prosecuted so they continue to rob and pillage.
        
             | bmarquez wrote:
             | > So, maybe the security is an investment in new cameras.
             | Maybe it's a better lock that can't be bypassed. Maybe it's
             | an investment in network security personnel or systems.
             | Maybe it's a doorman at the apartment building, or a
             | security guard serving as "eyes and ears" for the police.
             | 
             | All of the things listed are simply deterrents, that would
             | not stop a criminal knowing that he would not get
             | prosecuted from taking the extra time to bypass them.
             | Cameras can be evaded with masks, locks can be grinded down
             | (see lockpickinglawyer), security is pointless if they know
             | they cannot be detained.
        
             | mikeg8 wrote:
             | You're asking a great question, but at the end of the day,
             | if criminals have no fear of repercussion, the "security"
             | investments are almost equal to throwing money away.
        
             | vorpalhex wrote:
             | UP already has passive monitoring, and active monitoring.
             | 
             | They are in fact arresting people.
             | 
             | Then the DA is not doing shit to charge those arrested.
             | 
             | What more do you want UP to do? They are literally giving
             | criminals bagged and tagged to the police.
        
         | AlexandrB wrote:
         | Am I missing something or is the first bullet point completely
         | orthogonal to the second. They talk about train thefts on the
         | rise but then cite a statistic about "over 100 arrests" for
         | vandalism? How are these related? What are the stats for
         | arrests for theft?
        
           | greggman3 wrote:
           | As pointed out on other comments. From the train's POV the
           | train was vandalized but nothing that belongs the the train
           | company was stolen. The stuff that was stolen belong to other
           | entities.
           | 
           | But yes, it would be good to know stats for both
        
             | dragonwriter wrote:
             | > From the train's POV the train was vandalized but nothing
             | that belongs the the train company was stolen.
             | 
             | Trains are inanimate and don't have a POV, and from the
             | perspective of UP (which has a police force notionally
             | charged with addressing crimes on railway property, not
             | merely crimes against the railway), that's not correct if
             | an actual theft occurred.
        
         | mc32 wrote:
         | On face value that's pretty fanning of the current
         | prosecutorial office.
         | 
         | It's a discouraging dereliction of duty to not follow up and
         | prosecute these criminals. These thefts not only hurt the
         | companies but also hurt each buyer who will have to pay
         | indirectly for the added cost of operations.
         | 
         | As I mentioned in the previous thread, we may yet see a
         | Pinkerton service rise to meet this need.
        
           | Miner49er wrote:
           | > These thefts not only hurt the companies but also hurt each
           | buyer who will have to pay indirectly for the added cost of
           | operations.
           | 
           | Is this damage more then the cost of prosecuting and
           | punishing the thieves? If not, it's not worth it.
        
             | chasd00 wrote:
             | i wonder if the cheapest option is better locks on the
             | containers
        
               | fennecfoxen wrote:
               | Better locks only help until the point where it's easier
               | to mangle the shipping container itself, bypassing the
               | lock entirely, and impenetrable containers are needlessly
               | expensive.
        
             | pempem wrote:
             | Well, first they need to be caught and brought up on
             | charges. Then they can be prosecuted.
             | 
             | The bigger question is where even is the LAPD?
        
               | fennecfoxen wrote:
               | Per the letter, the question is NOT, "where even is the
               | LAPD." It is, "where are the Los Angeles County
               | prosecutors?" And the answer Union Pacific provides is,
               | "letting these people who are arrested go free with a
               | plea deal for simple trespassing."
        
               | zaroth wrote:
               | They are being caught and arrested. Then the DA lets them
               | go, so they go back and steal more, and spread the word
               | that nothing happens even when you _do_ get caught.
        
             | fennecfoxen wrote:
             | > Is this damage more then the cost of prosecuting and
             | punishing the thieves? If not, it's not worth it.
             | 
             | It's not a question of whether _this_ damage is more, it 's
             | a question of whether the prosecution would reduce the
             | total amount of future-damage that occurs as well. People
             | who are in a jail are not stealing. People who expect
             | significant risk of significant jail time are also not
             | stealing, while those who expect minimal risk might be.
             | 
             | These factors easily outweigh the cost of any single theft.
        
             | mc32 wrote:
             | Non-prosecution sends a signal "it's okay, we will not
             | prosecute you". Less scrupulous people learn there is no
             | prosecution and this becomes a routine drag on rail
             | commerce. In Nigeria you get people who hijack petrol
             | transportation --often times they lead to fiery explosions.
             | It's not a path we should want to devolve to. The middle
             | ages had highway men. We want to avoid going backwards.
        
             | xyzzyz wrote:
             | > Is this damage more then the cost of prosecuting and
             | punishing the thieves? If not, it's not worth it.
             | 
             | This naive first order thinking is why we can't have nice
             | things. Yes, prosecuting a guy for stealing $100 headphones
             | might cost more than the merchandise, but you cannot think
             | about this in isolation from broader social context. By
             | showing that you will not prosecute crimes under certain
             | monetary value, you're sending a signal that these can now
             | be done with no consequence, in effect _enabling_ more and
             | more crime to happen. It's not about a pair of headphones,
             | it's about the career of crime for the perp you're
             | enabling, and the crime careers of the imitators.
        
             | avalys wrote:
             | What does a single prosecution and court case cost? A few
             | thousand dollars, at a minimum.
             | 
             | So you are saying any crime that causes less than a few
             | thousand dollars worth of damage is not worth prosecuting?
             | 
             | How would you like it if I were to break in to your house
             | through a window (a $1,000 expense) and steal your $2,500
             | MacBook Pro? The $3,500 in damages is less than the cost of
             | identifying, arresting, prosecuting and punishing me. Not
             | worth it - just let it go?
        
           | bpodgursky wrote:
           | Pinkertons (or any private security) basically have no
           | authority to use lethal force anymore (unless the criminal is
           | dumb enough to attack them), so their value as a deterrent is
           | minimal.
           | 
           | They can theoretically arrest, but if the prosecutors don't
           | press charges, it's meaningless.
        
           | dilap wrote:
        
           | gpm wrote:
           | The letter doesn't support that the prosecutors are not
           | following up and prosecuting these criminals, rather it says
           | the exact opposite.
           | 
           | Rather, the complaint seems to be that the government is
           | granting the criminals their constitutional rights to bail
           | and a presumption of innocence before trial, that the
           | prosecution is accepting milder plea deals than the railroad
           | company would like, and that the court system is backed up.
           | 
           | Emphasis added to the below quote to support each of those
           | statements
           | 
           | > Criminals are caught and arrested, turned over to local
           | authorities for booking, arraigned before the local courts,
           | _charges are reduced to a misdemeanor or petty offense_ , and
           | the criminal is released after paying a nominal fine. These
           | individuals are generally caught and released back onto the
           | streets in less than twenty-four hours. Even with all the
           | arrests made, _the no-cash bail policy_ and _extended
           | timeframe for suspects to appear in court_ is causing re-
           | victimization to UP by these same criminals.
           | 
           | This is the railroads side of the story, and even it doesn't
           | support the idea that the prosecutors are just "not
           | follow[ing] up and prosecut[ing] these criminals".
           | 
           | Moreover the court system being backed up is not prosecutors
           | fault, and not offering mild plea deals would just result in
           | a more backed up court system...
           | 
           | There are probably some valid criticisms of the prosecutors
           | here, but let's at least consider that there are tradeoffs
           | they are making, and that this isn't something that is solely
           | their fault.
        
             | avalys wrote:
             | If people are being caught stealing from trains and the
             | same people are walking out of court and going to rob the
             | next train in the same location again the next day, then
             | yes, the government, the prosecution and the court system
             | are failing in their duty here.
        
               | bsder wrote:
               | Then change the funding of the law enforcement system so
               | that it is supported by tax dollars rather than fines.
               | 
               | Then you can change enforcement priority as the offenders
               | change priority.
        
             | mywittyname wrote:
             | Our legal system is expensive, and much of that expense is
             | baked into the constitution.
             | 
             | Most of our justice system is designed to prioritize
             | offenses that make money for the government/police/DA.
             | Which means, focusing on drug offenses. Any crime
             | tangentially-related to drugs can result in civil asset
             | forfeiture. DUIs result in massive fines, so those get
             | attention too. But theft is a cost-center crime and is
             | largely ignored.
        
         | [deleted]
        
       | threatofrain wrote:
       | https://news.ycombinator.com/item?id=29963125
       | 
       | https://news.ycombinator.com/item?id=29930970
        
         | millzlane wrote:
         | Think OP is correcting his post from yesterday. Where a
         | commenter suggest he link to the letter instead of the opinion
         | piece.
         | 
         | https://news.ycombinator.com/item?id=29962006
        
         | fennecfoxen wrote:
         | + photo gallery attached to the LA Times coverage of the same:
         | the train tracks are just _littered_ with piles of torn-open
         | shipping boxes
         | 
         | https://www.latimes.com/california/story/2022-01-15/photos-r...
        
       | Overtonwindow wrote:
       | IANL: What is the rules for use of force for railroad police, or
       | railroad authorities protecting cargo? It seems people are
       | breaking into these cars without fear of force, or prosecution.
       | Combined, those are like a powder keg of lawlessness.
        
         | asdff wrote:
         | It would be a bad idea to use force against train robbers. They
         | would just start packing guns themselves. Often times these
         | robberies are coordinated by organized crime who control
         | robbery rights over certain sections of track.
        
           | thinkingemote wrote:
           | These appear to be two groups, opportunistic, and organized.
           | I imagine some basic security hardening would deter the
           | opportunistic ones but different strategies would be needed
           | for organised groups.
        
           | integrii wrote:
           | Are you suggesting people should not defend property because
           | the attackers will just escalate force and continue their
           | crimes?
           | 
           | Then by that logic, I now understand the push to reduce the
           | punishment of so much crime.
        
           | treeman79 wrote:
           | Basic criminals don't like being shot. Large reason why gun
           | free cities are so dangerous.
        
             | Ma8ee wrote:
             | Are gun free cities more dangerous? Could you provide a
             | source for the claim?
        
               | [deleted]
        
               | treeman79 wrote:
               | Look at Chicago.
               | 
               | Google suppresses nearly all pro gun or right wing
               | content, so searching on mobile is difficult.
        
           | [deleted]
        
           | djrogers wrote:
           | > Often times these robberies are coordinated by organized
           | crime who control robbery rights over certain sections of
           | track
           | 
           | That doesn't appear to be the case here from all accounts
           | I've read - do you have any citations for that?
           | 
           | Everything I'm reading is pointing the finger addicts, the
           | homeless, and homeless addicts...
        
             | thinkingemote wrote:
             | The letter mentions they are opportunists and organised.
             | I'm reading that as 2 classifications of criminals.
        
         | thaumasiotes wrote:
         | > What is the rules for use of force for railroad police, or
         | railroad authorities protecting cargo? It seems people are
         | breaking into these cars without fear of force, or prosecution.
         | 
         | You can use whatever force you want to respond to piracy on the
         | open sea, including killing the pirates. But that hasn't been
         | done even when we had a lot of complaints about active piracy.
         | 
         | It seems possible that Union Pacific worries that municipal
         | authorities wouldn't be any happier with the idea of UP
         | defending itself than they are with the idea of prosecuting the
         | people UP hands over to them.
        
           | chasd00 wrote:
           | i could see a market for remote operated, boxcar mountable,
           | high volume pepper spray devices. You'd have to staff
           | operators but at least they'd be sitting in an office instead
           | of wandering up and down the tracks.
           | 
           | maybe even a boxcar escort service via drone with pepper
           | spray paintball guns.
        
           | fakethenews2022 wrote:
           | Killing pirates has been done relatively recently. There was
           | even a movie starring Tom Hanks based on one such incident
           | entitled "Captain Phillips". Also, that was not the only nor
           | last incident when pirates were killed.
        
           | liversage wrote:
           | Denmark recently killed four suspected pirates in Bay of
           | Guinea (actually five as it was later discovered). The Danish
           | forces were fired at while trying to apprehend the suspected
           | pirates so you can argue it was self defense and the intent
           | was not to kill.
           | 
           | https://www.reuters.com/world/danish-frigate-kills-four-
           | susp...
        
         | avidiax wrote:
         | > IANL: What is the rules for use of force for railroad police,
         | or railroad authorities protecting cargo?
         | 
         | Also NAL. Force has to be proportional. That means that an
         | unarmed trespasser stealing property can't be shot, only
         | detained.
         | 
         | > It seems people are breaking into these cars without fear of
         | force, or prosecution.
         | 
         | I'm sure they have some fear. I doubt that they want to get
         | caught, since it's at least a few hours or a weekend in jail to
         | get processed. As far as prosecution goes, if I were a
         | criminal, I'd either naively think that I'll never get
         | caught/prosecuted, or just accept that it might happen at any
         | time, but I prefer theft now over avoiding maybe-prosecution in
         | the future.
         | 
         | > Combined, those are like a powder keg of lawlessness.
         | 
         | There's no powderkeg here, so long as we don't escalate. If
         | prosecutions don't start, the likely thing to happen is that
         | the railyards will improve physical security (e.g. razorwire
         | fencing everywhere, reduce trains at rest), improve their
         | security forces and response times, and pass any remaining
         | expense onto the customers.
        
         | wolverine876 wrote:
         | > It seems people are breaking into these cars without fear of
         | force, or prosecution.
         | 
         | What is that based on? I am aware that's a trendy thing to say
         | about crime, but many trendy things have no basis in reality.
         | What is the factual basis for the criminals' motives and
         | perspectives?
        
       | newbamboo wrote:
       | "all those arrests, however, UP has not been contacted for any
       | court proceedings."
       | 
       | They've tried to recall gascon already for this, but the voters
       | want him and his policies. If UP doesn't like it they should
       | bypass LA. It's a sinking ship anyway, politely asking for
       | "leadership" is laughably naive. California has one party for all
       | intents and purposes and voters are too afraid because the elite
       | tell them it's too dangerous to vote outside The Party.
        
       | x3n0ph3n3 wrote:
       | Related discussion:
       | 
       | Train burglaries in LA -
       | https://news.ycombinator.com/item?id=29930970
        
         | [deleted]
        
       | cjbgkagh wrote:
       | I've had 3 of 3 packages go missing in the last two months, all
       | traveling via train through L.A. Either I'm rather unlucky or the
       | thefts are rather thorough. I see some people complaining about
       | their packages being stolen, but if the thefts are that thorough
       | I would expect to see many more. My conspiracy brain can't help
       | but imagine the possibility that discussion of this is being
       | gently suppressed because business don't want people to stop
       | buying things. I've had to stop buying things for now. I hope
       | this is properly resolved soon.
        
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