Category Archives: Law

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.

My new book, “Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa,” is available from Amazon.

A newly formatted, splendid Kindle copy is also on sale.

Shipping is free and prompt if you buy Into the Cannibal’s Pot from The Publisher.

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.

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.

Should the Fretboard Man Fret?

Business, Free Markets, Government, Individual Rights, Law, Music, Natural Law, Regulation, Technology

The house virtuoso does not own a Gibson guitar; he dislikes them with a passion. Being one hell of a neoclassical, instrumental guitarist, Sean Mercer has his reasons. (Listen to the YouTube posted below.) He does, however, own the following fine instruments, which are crafted with assorted hardwoods, some rare, and possibly illegal:

Carvin DC747 (Maple)
Carvin AC275 (Hawaiian Koa body & neck, Ebony bridge)
Carvin AC175 (maple, ebony)
Carvin LB76 (Curly maple)
Carvin IC6 (Walnut, maple)
Carvin NS1 classical (mahogany, ebony bridge & fretboard)
Warwick Streamer (Wenge, maple) – Germany
Warwick Double Buck (Wenge neck, Alder)
Yamaha Classical (Rosewood back & sides, Ebony, Spruce)
Jackson SL1 (maple)
Kramer Stagemaster (Maple, ebony fretboard)
Kramer Pacer (Rosewood fretboard, maple)
Dean 7 string (mahogany body, maple neck, ebony fretboard)
Brian Moore iGuitar (Rosewood fretboard, alder border)

For the possession/importation/smuggling of “rare ebony wood from India used to make some of the world’s most coveted guitars,” US federales have raided the Tennessee plants of Gibson Guitars.

The meek chief executive of Gibson Guitars, Henry Juszkiewicz, pleaded plaintively with the public: “We were not engaged in smuggling. ‘We have been importing fingerboard stock on a regular basis from India for 17 years.'”

He might have pointed to the fact that this is part of the feds’ ongoing criminalization of naturally licit behavior, and that, last he looked, ex post facto prosecutions were unconstitutional. In other words, when Gibson began importing these woods, the practice was legal. It is unconstitutional to criminalize actions that were legal when committed.

Business in the US is anything but Randian; it adopts an obsequious manner with the both the pitchfork-hoisting public and our DC Overlords.

Downsize the “Oink Sector”!

As promised, here is a piece from the CD “Electric Storm,” by instrumental guitarist Sean Mercer. Sean’s compositions were featured in Guitar Player Magazine. Wrote the great Mike Varney:

Sean’s demo showcases his skills as a producer, engineer, writer, performer, and keyboardist. His set of neo-classical instrumentals are [sic] reminiscent at times of works by Tony MacAlpine. Complex arrangements, tightly played ensemble lines, and a grand display of thematic solo work should make this tape of particular interest to neo-classical fusion fans. [Mike Varney, Guitar Player, October 1991]

What They Do In Dictatorships

Democracy, Environmentalism & Animal Rights, Ethics, Individual Rights, Journalism, Justice, Law, Media, Middle East, Private Property

The courts, stacked as they are with judges who work for the dictator, want to put a brave rebel behind bars for shooting a predator on his property. The rebel shot and killed a wild, extremely dangerous animal that thrives in the dictator’s country. All the tribesman did was to aggressively repel from human habitat a creature that had become brazen, making itself at home near the man’s children as they played. It used to be that these tribesmen instilled fear in encroaching creatures. But thanks to decades of cultural and legal emasculation under the dictator, the queered men folk are no longer licensed to protect home and hearth. If they do, they lose their liberty.

I bet you thought this was Anderson Cooper reporting from Libya, botching the job of journalism, as is his wont.

No, this is about an American, one among many (Jeremy M. Hill, 33), who pleaded not guilty in U.S. District Court to killing a grizzly bear with a rifle on his 20-acre property near Porthill, Idaho, at the Canadian border.

Jeremy Hill has six kids, ranging in age from 14 years old to 10 months old. At least five were home when the grizzly was killed, Mike Hill said. The bears had gone after some pigs in a pen that the kids had been raising, Mike Hill said.

I wonder how many Libyans have been arrested for shooting wild animals that threatened their families.

If given the choice, I’d choose the right to defend my life and property over the vote, any day.