The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Is The Legal System Just Another Industry?

Posted on | February 9, 2010 | 16 Comments

by Smitty (via Instapundit)

What in the name of Norman Rockwell is wrong with this country? From the Wikipedia entry on felony:

Crimes commonly considered to be felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, illegal drug use/sales, grand theft, robbery, murder, rape, and vandalism on federal property. Broadly, felonies can be categorized as either violent or non-violent (property and drug) offenses.


So, what went on? (emphasis mine)

Felony snowball throwing charges have been leveled against two Virginia college students for allegedly pelting a city plow and an undercover police car during Saturday’s blizzard. Charles Gill and Ryan Knight, both 21, were nabbed by cops in Harrisonburg, where they attend James Madison University. According to police, the pair first targeted a city plow last Saturday afternoon. The driver responded by calling cops to report the frosty fusillade. When police responded to the scene in a bid to identify the assailants, their unmarked vehicle also came under an icy assault. Gill and Knight, a guard on JMU’s basketball team, were then apprehended and booked into jail for throwing missiles at occupied vehicles, a felony.

Going back to the Wikipedia note, if the two had dropped an anvil off an overpass onto the unmarked car or plow, then the idea of throwing the legal anvil back at them would make sense. Instead, we seem to have an instance of Over-Criminalization at work here. The story makes no mention of whether there was alcohol involved, but it would be interesting to know more of the specifics.

Is there a business model at work here? Are there additional legal costs incurred when a charge gets blown entirely out of proportion, if indeed this one is?

BlogProf has video of the equally felonious (?) DC snowball fight a couple days back.

Aside I: if the suspects convert to Islam, does the sheriff acquire sudden sensitivity, apologize, and drop charges?

Aside II: why do we have unmarked police cars? Why is there deception on the part of the police involved in the carrying out of the law? When they really blow it and elect me dictator, all of these unmarked cars are gone, man. Further off topic, the clowns who block intersections at red lights, because they are too flipping cool to make sure that there is enough room in the traffic for their lousy butt to get through are going to find themselves with some rather noticeable transient parking tickets. Smitty is going to jack up the price of stupidity. That is all.

Category: Uncategorized

Comments

16 Responses to “Is The Legal System Just Another Industry?”

  1. Brian
    February 9th, 2010 @ 10:25 pm

    A little devil’s advocate here on something you touched on.

    Anything thrown at a moving vehicle risks a card accident that could cause the serious injury or death to an occupant or a bystander.

    Even a slow moving vehicle in the snow could have an accident if the driver is surprised by a snowball and accidently hits the gas or brakes when they shouldn’t have.

    A felony could be over-kill, but what would you recommend doing to adults that are repeatedly throwing snowballs at moving vehicles? Wait until there is an accident and then try to find and charge them will vehicular manslaughter?

  2. Brian
    February 9th, 2010 @ 5:25 pm

    A little devil’s advocate here on something you touched on.

    Anything thrown at a moving vehicle risks a card accident that could cause the serious injury or death to an occupant or a bystander.

    Even a slow moving vehicle in the snow could have an accident if the driver is surprised by a snowball and accidently hits the gas or brakes when they shouldn’t have.

    A felony could be over-kill, but what would you recommend doing to adults that are repeatedly throwing snowballs at moving vehicles? Wait until there is an accident and then try to find and charge them will vehicular manslaughter?

  3. Andrew
    February 9th, 2010 @ 10:31 pm

    In Provo, UT, they have a city ordinance where it is a $50 dollar fine for throwing snowballs. I was there about 12 years ago and the place I was staying at had to remind us not to throw them or we would be fined by the police. Apparently the city ordinance is 9.14.100. Here’s an index if you’re interested, bored, or just oddly interested http://new.provo.org/userfiles/downloads/council/index.pdf

  4. Andrew
    February 9th, 2010 @ 5:31 pm

    In Provo, UT, they have a city ordinance where it is a $50 dollar fine for throwing snowballs. I was there about 12 years ago and the place I was staying at had to remind us not to throw them or we would be fined by the police. Apparently the city ordinance is 9.14.100. Here’s an index if you’re interested, bored, or just oddly interested http://new.provo.org/userfiles/downloads/council/index.pdf

  5. smitty
    February 9th, 2010 @ 10:41 pm

    @Brian,
    For the city plow or the unmarked car, stopping and doing what you’ve just done, appeal to the intellect, is step #1.
    For people driving by, a cel phone call to 911 might bring in something official, if they don’t have the time to stop.
    If the police find out the dudes are drunk, there are plenty of statutes covering such.
    Should something unfortunate happen, you nail the jackasses to the wall.
    The laws model and offer negative feedback on human existence. Human existence absolutely never will model the law with fidelity.

  6. smitty
    February 9th, 2010 @ 5:41 pm

    @Brian,
    For the city plow or the unmarked car, stopping and doing what you’ve just done, appeal to the intellect, is step #1.
    For people driving by, a cel phone call to 911 might bring in something official, if they don’t have the time to stop.
    If the police find out the dudes are drunk, there are plenty of statutes covering such.
    Should something unfortunate happen, you nail the jackasses to the wall.
    The laws model and offer negative feedback on human existence. Human existence absolutely never will model the law with fidelity.

  7. Cassandra
    February 9th, 2010 @ 10:56 pm

    Did you read the whole thing, Smitty?

    http://www.thesmokinggun.com/archive/years/2010/0209101snow4.html

    Maybe it’s just me, but if I were driving a snowplow during a storm I don’t think it would be helpful to have SHOVELS of snow thrown on my windshield while the plow was moving.

    The felony bit seems a bit harsh but on the other hand characterizing shovels of snow as “throwing snowballs” seems odd to me.

  8. Cassandra
    February 9th, 2010 @ 5:56 pm

    Did you read the whole thing, Smitty?

    http://www.thesmokinggun.com/archive/years/2010/0209101snow4.html

    Maybe it’s just me, but if I were driving a snowplow during a storm I don’t think it would be helpful to have SHOVELS of snow thrown on my windshield while the plow was moving.

    The felony bit seems a bit harsh but on the other hand characterizing shovels of snow as “throwing snowballs” seems odd to me.

  9. smitty
    February 9th, 2010 @ 11:13 pm

    No, I didn’t read the full bit, and I should have. Putting snow inside the police car is really stupid. But I refer to the definition of felony, and ask if you’d take these dude’s property over it.

    No, I think that after the judge has read them the riot act and cleaned out the entire county’s fleet of police cruisers, under careful supervision of the normal staff, their notion of ‘funny’ might be improved.

    I’ll even venture on a limb here and guess these young twits labor under a corporal punishment deficit going back to childhood. I blame negligent fathers.

  10. smitty
    February 9th, 2010 @ 6:13 pm

    No, I didn’t read the full bit, and I should have. Putting snow inside the police car is really stupid. But I refer to the definition of felony, and ask if you’d take these dude’s property over it.

    No, I think that after the judge has read them the riot act and cleaned out the entire county’s fleet of police cruisers, under careful supervision of the normal staff, their notion of ‘funny’ might be improved.

    I’ll even venture on a limb here and guess these young twits labor under a corporal punishment deficit going back to childhood. I blame negligent fathers.

  11. Arnold Williams
    February 10th, 2010 @ 1:49 am

    Under common law, a felony was committed with “evil intent” — something that requires you to reasonably infer someone’s state of mind from their actions. I note that in the list you supply, that is no longer part of the definition. Too bad. It ought to be. Otherwise anything that the government disapproves of for any reason can be a “felony”.

  12. Arnold Williams
    February 9th, 2010 @ 8:49 pm

    Under common law, a felony was committed with “evil intent” — something that requires you to reasonably infer someone’s state of mind from their actions. I note that in the list you supply, that is no longer part of the definition. Too bad. It ought to be. Otherwise anything that the government disapproves of for any reason can be a “felony”.

  13. proof
    February 10th, 2010 @ 2:47 am

    In response to the headline: Yes. Every ambulance chased is a job “created or saved”!

  14. proof
    February 9th, 2010 @ 9:47 pm

    In response to the headline: Yes. Every ambulance chased is a job “created or saved”!

  15. tysm
    February 10th, 2010 @ 1:57 pm

    Sorry but having had that happen to me and causing an accident.

    Burn the bastards. Adults behaving worst then children.

  16. tysm
    February 10th, 2010 @ 8:57 am

    Sorry but having had that happen to me and causing an accident.

    Burn the bastards. Adults behaving worst then children.