1/29/2008

Criminal Responsibility

Filed under: — site admin @ 5:16 pm
On revenge killings, I can definitely see consideration for motives as a necessary process in determining criminality and sentencing. There are many ways in which the law does not adequately respond to crimes committed against a person, by corporate scandals, hit and runs, or in any case where the evidence is not available to convict the perpetrator. In these cases, especially when extreme (death of loved ones, financial ruin that leads to homelessness, or an accident that leaves one crippled), citizens are very tempted to take the law into their own hands.

I am personally worried about the vulnerability of property, such as pets. My dog is worth much more to me than any other piece or type of “property” I own…and not just because I don’t own a million dollar home. The laws don’t permit a “loved one” that is not a human to be any more than property. Is it my fault for confusing care for canines with the quality of care that should be reserved for other humans? Perhaps, but most pet owners feel similarly. If a pet was beaten and killed by a passerby or even a neighbor, the laws would not adequately penalize the person that committed such an act as far as most of us are concerned. (This could be argued for murder against humans as well…20 years for taking a life.)

Small excerpt from an essay I wrote long ago on euthanasia and assisted suicide: The Oregon assisted suicide law is a great advancement to the diversity of thought and lifestyle in our country. However, for proponents of assisted suicide, it is far too limiting. Many people are in devastating health conditions which will allow them to remain stable, but in horrible health and tremendous pain, but live far longer than six months. More importantly, many illnesses that result in the loss of “person hood” or memory and brain function, but cause pain, are not considered terminal illnesses, and are also not covered as qualifying for legal assisted suicide. For this last type to be considered, the doctors must consider them in “decision-making capacity”, not emotionally based, and not brain damaged in some sense.

I’ve also written an essay on the Parker Jensen case or one very similar. If I can find a good excerpt from it I’ll post that as well. It basically concerns patient autonomy, competency and the right to deny care, and the necessary removal of responsibility of medical providers once care has been denied. I thought it was despicable in some sense that the parents were not simply left to treat their children how they thought best. Even if it was to say that they would leave any further healing up to God. The chemotherapy puts the child under a lot of physical stress, and pain, and the child is then drugged to reduce pain (destroying what may be the quality of the limited time left). In this particular situation, the child’s chances of living were low, and not much higher with highly aggressive treatment.

Drugs are bad, M’kay.

Filed under: — site admin @ 5:07 pm
I totally agree that Drugs are bad, M’kay, and mostly because I abhor organized crime. It’s a business, run on the free market system of supply and demand, and there are institutionalized programs and companies that make bank off of the continued existence of the drug dealing.

I hate gang activity and everything it stands for, I’m disgusted by the allowance, and how much it has increased in Salt Lake City in the last 20 years. Because gangs run on two businesses, theft of various sorts, and dealing drugs, I fully agree with your philosophical movement against drugs.

Violent crime is almost the tool, rather than the goal, for grand theft, robbery, and drug running. It is incidental. Getting paid is the goal; fast money.

Addicts rip apart society from the inside, and show on the outside. (Gangs as well). Every family seems to have someone (perhaps extended family) who is or was an addict. It’s bad. I’m a caffeine addict, and I hate addiction. When my father was my age, he was an alcoholic. I have an uncle that did a year or two for possession of cocaine (so I’m told). Since, he has been a meth addict for 6 years. He is free, supposedly clean, yet he can’t hold down a job, steals junk from my grandmother’s garage to make a few dollars. It’s not good on the family, or on him.
Addiction causes people to act far out of the ordinary, removes common sense, and humanity with it. With that numbing need, comes the criminal activity in order to feed the habit, and for some (cocaine, PCP, alcohol) the crime happens during the high or intoxication.

I believe more in the medical model. But that also depends on the charges.

Protect the individual (preserve his innocence until proven guilty) Then protect the community (may be punishment to the offender, so long as it keeps him from further victimizing). Only if the community can be safe with a rehabilitated person, do you let them back. You can’t rehabilitate drug users (abusers) without imposing the medical model of addiction. And it is true that people are totally different while addicts, than when they are not. The key is in solving the reason for the addiction. The reason for caring enough to go to these lengths is that it can or will happen to you or someone you know.

One instance I’ve noticed is in laws related to gun regulation with concealed weapons permits. The responsibility on a traveler between states (with a concealed weapon and permit) is HUGE. He has to phone ahead to each state before arriving (forget the advanced notice) and has to be subject to a background check before being given permission, has to inform state authorities of how long his stay will be (even if just driving through). This is all so he can enjoy the freedom of his own state in others states, since the constitution provides that all states recognize the authority of other states (which is very hard to qualify and legislate evenly).

I know of one person put in jail for two days due to Guilliani’s harsher New York City laws on guns, for not knowing the laws, but whom was perfectly legal had he been in Utah or Texas.

I’m mildly worried of one day driving through a neighboring state and finding that they all drive on the right hand side of the road. :)

Gangs lead to prison or the grave. I work with some kids who are getting out of the juvenile system, and it is very hard to convince them that this is true. They don’t just suffer from bad education, but from brainwashing.

One kid, probably because I’m the only white guy in the program, asked if I would ever get a white supremacist tattoo. He told me he wanted a brown power, or Latino Power type of tattoo. The discussion led to me asking him if he’d ever get certain tattoos or wear certain colors of clothing around his “friends". He told me, “Hell nah, those foo’s would kill my ass, or beat me.” I asked him what kind of friends those were, that would hurt him. He said, only your real friends would not let you get away with those types of things (hold you accountable for your actions), and make you stay “real". I told him, none of my friends would ever try to hurt me, and not because they are afraid of me, but because they like me. I asked, “Don’t the rival gangs hold you accountable too (try to stab him in the hall at school) when you make certain gang signs? Does that make them your friends for keeping you real?”

1/22/2008

Defining Terrorism and MS-13

Filed under: — site admin @ 5:10 pm

Some of my classes overlap in subject material this semester, which is great. One topic that has come up in Political Science is Terrorism. Both of my Criminal Justice books define it as a criminal action against people or property to have any affect on government or its policies (in the 1010 book, it adds through “intimidation or coercion.") However, in my Political Science book, it is, and historically has been defined by an attack against citizens which threatens their lives for the purpose of recognition by the government. This comes up due to a case where the government bought up large portions of land, comparable to Aspen in beauty and natural recreational use. The government then started developing it, destroying the community around the area in some way. So, to object, some kids burned buildings down once they were completed, but before anyone began using them. Some officials have labeled these citizens as terrorists, and subjecting them to the policing freedoms of the USA PATRIOT act to take them (or anyone suspected) down. I’m just wondering what insights people can add on their perspective of terrorism, or perhaps the best way to fight it. Are people who have no desire to instill terror, or hurt people, deserving of the title? Personally, I would say take them down for arson, or even call it a hate crime because they hate the destruction of beauty (just kidding). Aren’t we getting a little ahead of ourselves in sensationalizing things? I found this topic very interesting.

Also, one topic that was new to me was MS-13. This was one of the first I’ve heard about the Mara Salvatrucha gang. This actually provides some validity to the fear of terrorism coming across the borders, with the vast number of these violent criminal, illegal immigrants showing up in our criminal justice system. (They even committed a willful act of terrorism to object their government’s response to gangs, by killing 28 people in a bus.) Our country has some constitutional backing for making it difficult to handle them as well as the Salvadorans (hope that’s right), but it seems to me that finding more successful ways to combat illegal immigration, especially criminal offenders, would be a reasonable method, rather than decreasing people’s freedom to privacy.

1/15/2008

Why We Commit Crimes

Filed under: — site admin @ 5:04 pm
There are definitely a lot of reasons why we commit crimes, not just intent, but reasons (or explanations). Some of us participate in criminal activity simply because there is a law on the books that we don’t know about. (In Logan, UT it is illegal for women to swear in public. I believe in SLC it is illegal for anyone to curse on public transit systems.) Of course none of these are enforced, but they are crimes if broken. Some of us intentionally steal at a young age, or drive beyond the posted speed limits. Part of it is feeling out what you can and cannot get away with doing, or at least discovering the consequences for such actions. (Some people even believe in civil disobedience -which I used to claim when not wearing a seat belt.) Then of course there are people out there with malicious intent or designs for their own purposes despite the damage it inflicts on others (armed robberies, murder, even gang related disputes).