Category Archives: Crime

UPDATED: The Quicksand of “Stand-Your-Ground” Laws

Crime, Criminal Injustice, GUNS, Individual Rights, Law, Left-Liberalism And Progressivisim, Natural Law, Private Property

When discussing “All Burglars are Home Invaders,” readers in the sensible parts of the country were convinced that their state’s “stand-your-ground” laws would shield them in the event that they were forced to use deadly force to fend off an attack on person, property or both.

These laws removed the requirement whereby “people who think they are in immediate peril must first try to retreat from the confrontation before using deadly force. Prior to passage of the law, only people defending themselves in their own homes, for the most part, could use deadly force without first trying to flee.” (MSNBC)

That some of my readers had faith in the law surprised me somewhat. As recently as the 7/15/2011, I wrote about an “American veteran-hero jailed” for standing his ground, so to speak. Dr. Jerome Ersland was recently condemned to life in prison for defending his property and his employees from a gang of armed robbers. A pistol pointed at his head was not enough to save this hero from imprisonment, pursuant to defending his own life and the lives of his co-workers.

Ersland is from Oklahoma, which is in one of “14 states [that] have revised their laws to ensure that people don’t have to retreat from an attacker. Those states are: Arizona, Florida, Georgia, Indiana, Idaho, Kansas, Kentucky, Louisiana, Michigan, Oklahoma, South Carolina, South Dakota, Tennessee and Texas, according to the NRA.” (MSNBC)

UPDATE: At bottom, every employee, wife, pal wants a man like Ersland around when the stuff hits the fan. In “Sacrificing Kids To PC Pietism,” I describe the kind of left-liberal perverseness that permeates the letter below. Ersland is a hero; his is an adaptive, manly, normal version of the fight-or-flight response.

UPDATED: All Burglars Are Home Invaders (Property Über Alles)

Crime, Democracy, GUNS, Individual Rights, Justice, Law, libertarianism, Political Philosophy, Private Property, The Courts

In “All Burglars Are Home Invaders,” now on WND.COM, I discuss the culprits Joshua Komisarjevsky and his accomplice Steven Hayes, who “On July 23, 2007, were apprehended at the scene of a crime—the Petit family home in Cheshire, Connecticut. Their crimes:

• Raping Mrs. Hawke-Petit and her 11-year-old daughter Michaela.
• Strangling Jennifer Hawke-Petit.
• Setting the family home on fire, thereby killing Michaela and her 17-year-old sister, Hayley.

“… the Media and law enforcement are in the habit of describing a deadly home invasion as “a robbery gone wrong.” Consequently, homeowners have been culturally conditioned to consider the uninvited house guest as one would a modern-day Jean Valjean. Like Victor Hugo’s protagonist in Les Misérables, the “thief” is likely looking only to take a loaf of bread and leave—that is unless he openly announces his intentions to harm his reluctant hosts.

One extremely conservative writer even bristled when a news reporter broke protocol and applied the ‘home invasion’ appellation to the offense of breaking and entering:

… burglary is when a person illegally enters private property and steals things. A home invasion is when people illegally enter a home in order to terrorize, harm, or kill the residents… If we start calling all burglaries ‘home invasions,’ we lose the distinction between them.

The sooner we lose this distinction the better! All burglars are home invaders in-the-making.

Confronted with a criminal breaking and entering, there’s precious little the occupant can do to divine the intentions of the invader. It should be assumed that anyone violating another man’s inner sanctum will willingly violate the occupant. …If you believe in the sanctity of life you should fight for the sanctity of private property. It is a man’s right—even obligation—to defend his life and the lives of the loved ones living under his roof. Arguably, a right that is not vigorously defended is as good as a right forfeited. …”

The complete column is “All Burglars Are Home Invaders,” now on WND.COM.

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UPDATE (Sept. 23): PROPERTY ÜBER ALLES. I would probably disagree with Myron Pauli about the equal importance of the troika of liberties all libertarians should shout from the rooftops. Property trumps liberty, for liberty can be variously defined. Our government insists we are free so long as we can vote. We know this to be untrue. Property, moreover, is harder to redefine. Thus, if our rights to property were fully upheld—the same state that tells us to consider ourselves free (and be grateful) would be unable to control huge areas of our lives—bedroom, boardroom, you name them.

“Life, liberty property”: I don’t believe them to be equally weighted elements of liberty.

Troy Davis, The Sanctity of Life & The Racism Card

Crime, Criminal Injustice, Justice, libertarianism, Liberty, Political Correctness, Propaganda, Race, Racism

The macabre count down to an execution is always a horrible affair—for all except a few sorts like Ann Coulter. She has never encountered a country she didn’t think the US should level, or an execution not worth carrying out. The commutation of the death sentence of Troy Davis (who has since been executed) seemed eminently reasonable to me (who supports the death penalty) in light of the fact that, according to reports, the Davis sentenced was based on eye-witness testimony, which is always iffy. (Surprisingly, Chris Matthews covered the case well, looking at all angles and evidence.)

The assertions of “racism,” however, are as despicable as Coulter’s prod to kill.

I am so sick of people (many of them in the liberty camp) who think their moral status is elevated by fingering others as racists. Cut that crap already. As one of my readers pointed out, on the very same day that Davis was scheduled to die a white man “was headed to the death chamber … for the infamous dragging death 13 years ago of James Byrd Jr., a black man from Jasper in East Texas.”

Argue on the merits of a case, don’t make amorphous, feel-good charges of racism.

I agree with BARRY SCHECK, who raised a reasonable case for commutation:

…at the Innocence Project, we have over 275 people who were
exonerated with post-conviction DNA evidence. And, remember, DNA evidence
is only present in less than 5 percent of criminal cases. So, what about
all the other ones where there may be eyewitness misidentification, perhaps
as happened in the Troy Davis case or bad forensic evidence that we know
definitely happened in the Troy Davis case?

It’s futile to remind Republicans like Coulter that commutation is not exoneration. Republicans generally confine their appreciation for the sanctity of life to fussing over fetuses; about fully formed human-beings they don’t care as much.

UPDATE I: Commute The Troy Davis Death Sentence

Crime, Criminal Injustice, Justice, Law, Psychology & Pop-Psychology, The Courts

If it hasn’t yet, the Georgia Board of Pardons and Paroles, reconsidering the death sentence of Troy Davis, ought to consult Dr. Elizabeth F. Loftus. According to Dr. Loftus’ seminal work, eye-witness testimony is terribly unreliable.

A man should not be put to death based solely on the testimony of eye-witnesses most of whom have since recanted.

Troy Anthony Davis (born October 9, 1968) was convicted of the August 19, 1989, murder of Savannah, Georgia police officer Mark MacPhail. MacPhail was working as a security guard at a restaurant when he intervened in an argument between several men in a nearby parking lot. He was shot in the heart and face without having drawn his gun. One of the men, Sylvester “Redd” Coles, went to police and implicated Davis in the killing, and Davis was arrested four days later. During Davis’ 1991 trial, many witnesses testified they had seen Davis shoot MacPhail. Two others testified that Davis had confessed the murder to them. The murder weapon was never found, and no physical evidence linked Davis to the crime. Throughout his trial and subsequent appeals, Davis has maintained his innocence. Davis was convicted and sentenced to death in August 1991.

(I discovered the work of this leading world authority on memory in the late 1990s, when I was writing and raging about the the recovered memory ruse. I also heard Dr. Loftus testify in court thereby securing a man’s liberty. As is obvious from the prominence of characters like Drs. Phil and Drew Pinsky, the profession of psychology is festooned with popularizers, poor thinkers and plain charlatans. Elizabeth F. Loftus has always stood apart.)

On the other hand, Joshua Komisarjevsky needs killing.

He and his accomplice, Steven Hayes (already waiting to die), were arrested at the scene of the crime—the Petit family home in Cheshire, Connecticut. He and Hayes had just killed all three—and raped two—of the women of the Petit family. They then proceeded to burn down the house.

UPDATE I (Sept. 20): “Breaking News vial Amnesty International: The Georgia Board of Pardons and Paroles denied clemency to Troy Davis on Tuesday. This means that very little is standing in the way of the state executing a potentially innocent man this Wednesday.” Amnesty International is “calling on the Board to reconsider its decision, and on the Chatham County (Savannah) District Attorney Larry Chisolm to do the right thing.”

More from Amnesty International:

Death penalty supporters like Bob Barr, former Texas Governor Mark White, and former FBI Director William Sessions also support clemency in this case, for the same reason. And at least three jurors from Davis’ trial have asked for his execution to be called off. Putting Troy Davis to death would be a grave injustice to those jurors who believe they sentenced Davis to death based on questionable information.

Although I want to see the Troy Davis death sentence commuted, I don’t like the way this cause celebre has the media omitting mention of the name of the victim. “A police officer from Savannah” is how this lot is referring to the late Mark Allen MacPhail. Google throws up not much about this heroic, off-duty officer. You have to dig:

The 27-year-old former Army Ranger was moonlighting on a security detail when he ran to help a homeless man, who had cried out because he was being pistol whipped. MacPhail was shot three times before he could draw his handgun.

Understandably, The victim’s widow, Joan MacPhail-Harris, has expressed the need for closure. She believes, however, that executing Davis will give her a sense of finality. Killing a man who may not have pulled the trigger is not the kind of closure a victim has the right to demand. A commutation of the death sentence would probably still mean life in jail for Davis. That should suffice.