Peace and Order

At a dinner party I was once told by an American, that while Americans strive for 'Life, Liberty and the pursuit of Happiness’, Canadians get the very unsexy ‘Peace, Order and Good Government’.

At the risk of sounding dull as dishwater, I’m a big fan of peace, order and good government. It’s reassuring. Although peace and order in the Constitution Act of 1867 refers to large issues, most of us understand it as it’s exemplified in everyday life. The quiet way we line up to take our turn or stop our cars at a crosswalk to let children cross. The peace of quiet walks and stopping at a favourite store and getting some food. The way all my neighbours wave and chat.

Since the October 7^th Hamas attack against Israel, we are hearing more and more about Canadians being shouted at on the subway by mobs, shootings at schools and defaced places of worship. The places we shop owned by Jews and Muslims are being targeted by mobs and vandalized. Many Canadians are frightened by how the peace and order of everyday life has been shattered by violence and disorder.

People are saying that they simply aren’t safe anymore and where is the legal punishment for this? 

There are three separate hatred-related offences in Canada: advocating genocide, publicly inciting hatred, and willfully promoting hatred.

For all three offences, there is no minimum punishment. Imprisonment, probation, or fines are possible. 

However, a provision in the Criminal Code addresses crimes motivated by hatred and allows increased penalties when an offender is sentenced for any criminal offence “if there is evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression.” So theoretically, these crimes should carry harsher punishments. 

Interestingly, and applicable to today’s crises, “In 2009, the Canadian Parliamentary Coalition to Combat Antisemitism was established by major federal political parties to investigate and combat antisemitism - particularly what is referred to as the new antisemitism. It is argued that this form of hate targets Israel, consisting of and fed by allegations of Israeli "war crimes" and similar claims. Anti-Israel actions that led to the formation of a Parliamentary Coalition included boycott campaigns on university campuses and in some churches, spilling over into attacks on synagogues, Jewish institutions and individuals.”

So, how is this playing out? Police forces are asking people to come forward and report, and many are increasing the officers dedicated to hate crimes. In Toronto, Chief Myron Demkiw said there has been a "staggering" increase in hate crimes since the Hamas October seventh attack,  most of the hate crimes - 40% of them - are antisemitic hate crimes and “the force's hate crime unit has been expanded from a team of six to 32. And that since Oct. 7^th, the unit has made 22 arrests and laid 58 charges.” This type of communication with the public, encouraging reporting as well as communicating that arrests and charges have occurred, goes a long way to making people feel safer and it needs to be communicated more. 

Perhaps part of the problem is that many hate crimes are shared on social media but without follow-up, so there appears to be no accountability. A widely shared video showed an Indigo store with posters and red paint, the posters depicting an image of the company’s Jewish CEO Heather Reisman and accusing her of “Funding Genocide.” There were, however, consequences for those involved. So far, eleven people have been arrested, charged and the investigation remains open. We have yet to hear what their punishment will be and if there will be jail time.

This dramatic rise in hate motivated crime is testing our laws, our police response, legal system and things may have to change to meet the challenge. We haven’t seen this level of hate crimes before and just like police forces are adding officers trained to deal with hate crimes, perhaps we need to finally ask if our legal system can properly charge those involved? Will the punishment serve as a deterrent to others who might want to embark on similar hate crimes? Will the police response to arrest people be swift enough to make people feel safe or are more tools needed?  Do we need strict minimum sentences to serve as a future deterrent? 

I don’t know the answer to any of these questions – just a fan of peace, order and good government who is very worried.

Five Red Herrings, Tenth School

by Robert Lopresti

1.  Derringer Days.  Yesterday the Short Mystery Fiction Society announced the winners of the Derringer Awards and I couldn't help but notice that I was one of them, specifically for Best Short.  "The Cop Who Liked Gilbert and Sullivan" appeared in Sherlock Holmes Mystery Magazine #23.  You can read what I had to say about it here and here.  Congratulations to my fellow winners, Brendan Dubois, David H. Hendricksen, and Earl Staggs.  But let's have a big round of applause for the winner of this year's Edward D. Hoch Memorial Gold Derringer for Lifetime Achievement.  That went to our own John M. Floyd!  Well deserved, too.

2. Free pictures!  It's always nice to find a new source for public domain illustrations.  (We bloggers love them, anyway.)  The Library of Congress very kindly sorted out the pictures on their website that are free for the taking.  (See the one below.)  Enjoy.

3. Underpaid through the ages. The University of Missouri Libraries has done a great service for anyone writing historical fiction.  Prices and Wages by Decades links you to actual government publications from the 1700s forward reporting on how much things cost and how much people were paid.  

4. Man With The Axe.  Last time I did one of these gather-alls I mentioned Lowering the Bar, which talks about the odd side of the legal biz.   I have to point out the story above which informs us that in a single incident a man in New York was charged with:
driving while ability impaired by drugs, driving while ability impaired by the combined influence of drugs, no license plates, unregistered motor vehicle, uninspected motor vehicle, operating without insurance, no front windshield, and no safety glass.

But on the bright side for him,  it turned out there is no law in the Empire State against driving around with an axe embedded in the roof of your car.

5. Shanks does Japan. According to an automatic translation app, the title of the book at the right is Sunday Afternoon Tea With Mystery Writer.  Could be, but in English it's Shanks on Crime. First time I have ever appeared in Japanese.  I wish Shanks a long and happy visit there.

Treason's True Bed

I don't know how many of you have heard of Marissa Alexander, of Florida. She was sentenced to 20 years in 2012 after firing a single gunshot at the ceiling of her home in an attempt to scare her estranged husband, Rico Gray.  Right before she did this, Alexander had locked herself in the bathroom; Gray broke through, grabbed her by the neck, and shoved her into the broken door.  She tried to escape through the garage, but the garage door wouldn't open.  She grabbed her gun from the car and went back in the house.  When Gray saw Alexander with a gun, he “charged her ‘in a rage,’ saying, ‘Bitch, I'll kill you.’”  She shot the gun at the ceiling, he backed off, no one was harmed.

"Safe enough for babies" - I know, irrelevant,
but I couldn't resist.  

Now before this incident, Gray had previously tried to choke her, strangle her, regularly threatened to kill her, shoved her around, and hospitalized her.  She'd gotten a restraining order against him.  She was charged with 3 counts of aggravated assault, and claimed immunity under Florida's "Stand Your Ground" (SYG) law.  But judge denied her immunity, and a jury sentenced her to TWENTY YEARS IN PRISON.  She appealed and was granted a new trial due to erroneous jury instructions; she is currently freed; but throughout, the court reaffirmed that she couldn't claim SYG as a defense.

You may be wondering, what the hell????

Back in 2005, Florida became the first state to adopt a SYG law.  Based on British common law on self-defense, SYG eliminates the duty to retreat when using self-defense and expands the “Castle Doctrine.”  BUT SYG specifically denies people prosecutorial immunity under SYG if “[t]he person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, [or] residence . . . such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision of no contact order against that person.”   (Much of this comes from the American Criminal Review.)

In case you're wondering, the NRA helped write Florida’s SYG law; and most SYG laws are based on Florida's.  (See - We Helped Draft It" here)  Now the NRA will tell you that SYG allows women to protect themselves from rapists, etc.  But that's only from rapists who are strangers.  If you know them - well, you're gonna have to figure something else out.  

NERD NOTE:  82% of women who have been raped were raped by someone they knew; only 18% by a stranger.  (See Rape Statistics here)

So, despite the fact that women are more likely to be victims of domestic violence than of stranger-danger, 82% v. 18%, those violent partners are the specific people women are not allowed to defend themselves against under SYG.  BTW, the NRA specifically helped write it this way.  

So, okay, you might say, all they have to do is get a protective order.  Yeah, well, only 28% of female victims get one.  Most victims of domestic violence are afraid, desperately afraid.  And rightly so. I've seen cases where the man waited until the woman came out of the courthouse and either killed her in the parking lot and/or followed her to her next destination and beat the crap out of her and/or killed her.  (Marissa Alexander HAD a protective order, and was STILL denied SYG.)

And it's not just Marissa Alexander.  Take a gander at this blog from Patheos listing dozens of horrendous but true examples of women trying to defend themselves and/or their families, and ending up in prison:  http://www.patheos.com/blogs/lovejoyfeminism/2016/08/why-is-the-nra-ignoring-this-14-year-old-girl-jailed-for-shooting-her-abusive-father.html. 

What in the holy hell is going on?  Well, for one thing, the NRA has consistently opposed revoking a person's 2nd Amendment Rights (i.e., the right to own a gun) just because they have been convicted of domestic violence, no matter how heinous and disturbing.  And most people who have been convicted of domestic violence and/or have protection orders against them are, sadly, male.  

SCJ Clarence Thomas

NOTE 1:  To be fair, the NRA is beginning to walk back a tiny, tiny, tiny bit on the issue of convicted domestic abusers, mostly because (1) Women have been raising holy hell about it; and   (2) women vote; and (3) a high-profile executive of the NRA was in a high-profile domestic abuse case, and the publicity fall-out was bad.  BUT - it's still only a little walking back - the NRA still opposes expanded background checks, opposes including things like stalking under "domestic abuse", and opposes giving abused women SYG rights.  (It also depends on the state) 

NOTE 2: It also depends on the judge:  In February, 2016, Supreme Court Justice Clarence Thomas spoke for the first time in 10 years from the bench - to protest against making a “misdemeanor violation of domestic conduct... result in a lifetime ban on possession of a gun, which, at least as of now, is still a constitutional right.”  (See here)  

So what is going on?  Why don't women have the same rights to SYG when their lives are threatened, even if it is a domestic partner?  

I think it all goes back to the olden days, when British common law said that acts of petty treason were: 

• a wife killing her husband, (no matter what the reason)
• a clergyman killing his prelate (i.e., superior)
• a servant killing his master or mistress, or his master's wife

And notice this little detail:

A man (clergyman/servant) convicted of petty treason was punished with hanging.
A woman convicted of petty treason was punished by being burned at the stake.

A significant difference in punishment level even back then, wouldn't you agree?

This significant difference in punishment level still holds true:

"The average prison sentence for men who kill their intimate partners is 2 to 6 years. Women who kill their partners are sentenced, on average, to 15 years." (University of Michigan study here)  

Stand your ground?  If only they could...  

Possession of a Live Fur-Bearer and other Misdemeanors

by Eve Fisher

(Actually by Grant Tripp, Laskin Police Officer, filling in for Eve Fisher)

It's New Year's Day and Eve's feeling a little fragile.  She's got a cold, or at least that's what she says. Anyway, she made me promise to keep this light - "None of those sad stories you tell late at night at the Norseman's, Grant!"  So I thought I'd share some of the more ridiculous City/County Ordinances of our locale.  I'm not kidding.  I read through the booklet - and I highly recommend you read through your local city/county ordinance booklet some time - and I discovered that we have all, alone and with others, been breaking ordinances left and right. Stuff that, frankly, I've never paid any attention to.

For example, let's take the Davison boys out for a little hunting one winter's day.  They have no idea that they have not only "Exceeded Maximum Size Hunt Party", but also exceeded how many people an old junker pick-up truck can hold.  (You can't see Uncle Ole, because he's passed out in the flat bed.)  That little day trip could cost them a fortune in fines. There's the "Unnecessary Parking on a Rural Road", which happens all the time.  For one thing, there are no porta-potties in cornfields, and for another, it's a ritual to get out, stamp feet, mutter about how BLEEPING cold it is, and get back in the car. This, of course, violates the obscenity laws, but if we start counting those, we'll all be paying fines left and right.  And we're not even going to get into alcohol-related violations...

But what really makes the Davison hunting trip so unusual is that they are in "Possession of a Live Furbearer", because of Uncle Ole passed out in the back.  He's the one who had the "Gun Protruding from Vehicle", although he didn't shoot off anything but his mouth.  And it was ridiculous for John Davison to screech the truck to a halt, "Claiming a Nonexistent Emergency", because he's known Uncle Ole too long for him to count as an emergency any longer, no matter what he ate for lunch.

Want more examples?  How about the ice fishermen who do "Exhibition Driving in Parks"?  What else do you call it when they do wheelies on ice?  In a pick-up?  And then break through?  If that isn't an exhibition, I don't know what is.  I know someone who managed to hit his brother in the rear end with a BB gun when they were kids.  Since his brother was in a tree at the time, this was a clear case of violating the ordinance against "Shooting a Turkey in a Tree."  But while I have heard of people "Hunting from a Motor Vehicle", I have yet to hear of anyone "Hunting from a Motorcycle", or "Hunting from Aircraft".  I'm luckier than I thought...

Some of the ordinances are violated every day.  No one thinks of violating the law when engaging in "Weed Removal".  Half the people in this town - any town - are going to jail for violating "3 Adult Cats Within City Limits".  And since when are "People in Back of Travel Trailer" breaking the law?  I thought that was the idea.  And if "Overweight" is a crime, we are all in trouble, especially this time of the year when an extra caramel roll is simply ballast so you don't end up in the next county when you slip on the ice.

thanks to http://www.dailymail.co.uk/news/article-2445448/South-Dakota-gets-33-inches-snow-tornadoes-kill-3-Nebraska.html

More from the UK's Daily Mail - 12/9/2014

Naturally, some ordinances I agree with.  I think that "Moving Buildings" should be illegal, especially late at night outside of the Norseman's Bar.  And not only is "Clinging to a Car Roof" dangerous, but it can easily lead to "Alighting from Vehicle", "Making an Unreasonable Noise", and, eventually, "Wheelchair to Motor Vehicle."  But personally, I think an "Insecure Vehicle" is more a problem for a therapist than the police.


But the ordinance that really got my attention was "Unlawful Entering Cemetery with Fir."  Now let me get this straight.  If someone walks into a cemetery to plant a small pine tree near a dear departed's headstone, I'm supposed to go and arrest them?  And what makes a fir tree more illegal than, say, a hickory or a cottonwood?  I asked my friend Linda Thompson, Laskin Clerk of Courts, about that one and she told me that they didn't have enough room in the abbreviation for the word "firearm."  I don't believe that for a minute.  I'll bet you that some lawmaker, years ago, was nearly smothered in an avalanche when a big blue spruce let loose on him. Intimidated and out for revenge, he crafted the ordinance exactly as it reads.  "You've got 24 hours to get out of town, and take that fir with you!"

Happy New Year!

Florida's Right to Kill Law

by Leigh Lundin

Three weeks ago, we brought you the story about Trayvon Martin's death when it was an early local issue. Since then the story has made national, even international headlines. The Reverend Jesse Jackson flew in and Friday the Reverend Al Sharpton called for 'action' and a boycott.

Our local NAACP has declined Sharpton's 'action' and boycott, thank you very much. We have a new prosecutor, the 11-month police chief stepped aside, and a majority of folks– including white folks– believe Trayvon Martin was terribly wronged.

Here's what most people don't know: Someone other than George Zimmerman is ultimately responsible.

Shoot from the Lip

To be sure, radio wing-nuts assert we don't know how frightened and brave Ward Captain Zimmerman was to face an unarmed kid, and a gun group is advertising a George Zimmerman defense fund. Zimmerman's father claims we don't know all the facts and Zimmerman's brother made wild accusations that Martin grabbed the pistol and screamed "Tonight you die," which doesn't seem to fit known facts. We learned Zimmerman's magistrate father may have intervened on the side of his son in earlier arrests.

Worse, far-right sites such as StormFront have taken to defaming the teenager, falsifying photos and a police record. Yes, Trayvon was tattooed– with praying hands and a tribute to his grandmother.

In contrast, Trayvon's brother appeared level-headed and honest to a fault, saying he couldn't be certain if the screams heard on recordings are Trayvon or not. For the record, the Orlando Sentinel hired experts who, using two different technologies, demonstrated the screams weren't Zimmerman's.

Trayvon wasn't perfect, but we know that night the teen was innocent. That evening, he did nothing more wrong than buy tea and candy then walk home chatting with his 16-year-old girlfriend on his cell phone. The two had spent 400 minutes (6 hours 40 minutes!) chatting that day before the phone was knocked aside. Minutes later, he was killed mere meters from his house. [Note: We now know Rachel Jeantel was 19 and didn't consider herself a girlfriend.]

Culpability

I'm not here to demonize the shooter, much as I believe he caused a tragic death. Although Sanford's police department has had problems, I'm not sure we can focus blame on police. Why? If prosecutors refuse to prosecute, how can police jail the accused? And according to detectives, police wanted to arrest George Zimmerman but prosecutors refused.

Certainly investigators made mistakes, beginning with not dispatching a homicide detective to the scene and accepting the word of George Zimmerman without question. They did not test Zimmerman for drugs or alcohol, violating standard procedure. They uncritically accepted recorded screams were the killer's, not the victim's. They stated neighbors' stories conflicted with 'known' evidence. They refused to release the 911 calls until forced to by attorneys.

But in the end, their hands were tied. Why? You're about to find out. I'm going out on a limb and say another man is more responsible for not only Trayvon Martin's death, but the murder of dozens of other Floridians.

Legislated to Kill

This man's name is Durell Peaden of Crestview, Florida, a former state senator, the genius behind 776.013§3 that gives Floridians the right to kill with virtual impunity, a law that tripled the number of 'justifiable homicide' killers set free, jumping from an average of thirty-four a year to more than a hundred. The lobbyist behind the law was NRA's Marion Hammer who argued Floridians needed more than a right to carry a weapon, they need the right to use it pretty much at will.

In 2005, our Sunshine State pioneered a law called 'Stand Your Ground', also called 'Never Retreat', 'Shoot First', 'License to Kill' and, according to Tallahassee State Attorney Willie Meggs, 'that stinking law'. This testosterone-powered statute supplanted the common (and sensible) 'castle doctrine', which gave people the right to defend their homes. Sneering at what they called 'the Brady bunch', the NRA claimed the new statute was needed to prevent authorities from harassing law-abiding citizens with petty arrests.

It's not a 'pro-gun' law nor are the law's opponents anti-gun, although politicos on both sides may argue otherwise. The new statute legalized an aggressive never-back-down philosophy. It says you don't have to walk away from a confrontation. It says you have the right to solve problems with a gun or a baseball bat or a knife or an ice pick.

Applied Murphy's Law

With impunity, it allowed a man to kill another in a playground argument over a skateboard– literally. It allowed a homeowner to legally shoot an inebriated man who knocked on the wrong door and asked for a light. Alcisviades Polanco walked after fatally stabbing another in the head with an ice pick. Numerous avoidable bar fights have needlessly ended in death… and without penalty.

Six months ago, Judge Richard Oftedahl of the 15th Judicial Circuit dismissed all charges against Michael Monahan, charged in a double homicide and facing the death penalty. Monahan walked after shooting two unarmed men from a distance of twenty feet, men who never laid a hand on him.

No Bad Deed Goes Uncopied

This bill was strongly opposed by law enforcement, prosecutors, liberals and conservatives alike, although it appealed to excitable wing-nut elements. Since its inception, as many as twenty-four states copied it.

Its first five years saw nearly a hundred claims of use with more than two-thirds resulting in death. The vast majority of these homicides were excused by prosecutors or, in cases where prosecution actually occurred, given a pass by the courts.

Those favoring the law declare it a great success with fewer people clogging the courts. Victims like Trayvon Martin might argue otherwise. Many of the cases have only two witnesses… one who winds up dead.

Law of Unintended Consequences

Police and prosecutors tried to warn legislators about the predictable effects of the law, but lawmakers blew off their concerns, seduced by NRA donations and that exciting chance to kill a human being. Sadly, they're not the ones paying the price.

For the record, if you think I'm letting George Zimmerman off the hook or if you think I'm opposed to gun ownership, then you've misread the article. What I'm for is common sense which is sadly missing in Florida.

Maybe it's legislative sunstroke.

One more small thing bothers me. In researching this article, I came across two cases in which Florida courts disallowed the Stand Your Ground defense. In both of those cases, the shooter happened to be… black.