Quotulatiousness

December 22, 2009

Anglicans now allowed to shoplift

Filed under: Britain, Law, Religion — Tags: , , , — Nicholas @ 07:11

There’s updating your church to appeal to modern attitudes, and then there’s this:

Thou shall steal after all! Holy row greets fatherly advice from York vicar
Church of England priest Tim Jones preaches it’s OK to shoplift, though it’s best from a big retail company not family business

In issuing the 10 commandments to Moses atop Mount Sinai, God was pretty unequivocal: “Thou shalt not steal.”

However, there’s good news for anyone whose passion for pilfering has hitherto been tempered by the eighth commandment: according to one Church of England vicar, we can steal after all.

Father Tim Jones, the parish priest of St Lawrence and St Hilda in York, told his congregation on Sunday that certain vulnerable people face difficult situations.

“My advice, as a Christian priest, is to shoplift,” he said. “I do not offer such advice because I think that stealing is a good thing, or because I think it is harmless, for it is neither.”

Well, that pretty much seals it, doesn’t it? Any other commandments we can dispense with — with the blessings of the Church of England?

December 18, 2009

The lesson is . . . next time, don’t turn it in

Filed under: Britain, Bureaucracy, Law — Tags: , , , — Nicholas @ 13:06

Remember the report of a man who’d found a shotgun on his lawn, turned it in to the police, and was promptly charged with posession of an illegal weapon? Well, he’s been convicted and will face up toa minimum of five years in prison for his “crime”:

A former soldier who handed a discarded shotgun in to police faces at least five years imprisonment for “doing his duty”.

Paul Clarke, 27, was found guilty of possessing a firearm at Guildford Crown Court on Tuesday — after finding the gun and handing it personally to police officers on March 20 this year.

The jury took 20 minutes to make its conviction, and Mr Clarke now faces a minimum of five year’s imprisonment for handing in the weapon.

In a statement read out in court, Mr Clarke said: “I didn’t think for one moment I would be arrested.

“I thought it was my duty to hand it in and get it off the streets.”

The way the law is written, the jury would have had no choice but to find him guilty. If only there were some way for a jury to find that the law was at fault. (Or, among their other limits to civil liberties, has the British government made jury nullification illegal?)

Update: Fixed the mis-statement about the length of sentence Mr. Clarke may face.

More on passwords

Filed under: Technology — Tags: , , , , — Nicholas @ 08:58

The Economist‘s Tech.view correspondent confesses to password laxity:

He admits to flouting the advice of security experts: his failings include using essentially the same logon and password for many similar sites, relying on easily remembered words—and, heaven forbid, writing them down on scraps of paper. So his new year’s resolution is to set up a proper software vault for the various passwords and ditch the dog-eared list.

Your correspondent’s one consolation is that he is not alone in using easily crackable words for most of his passwords. Indeed, the majority of online users have an understandable aversion to strong, but hard-to-remember, passwords. The most popular passwords in Britain are “123” followed by “password”. At least people in America have learned to combine letters and numbers. Their most popular ones are “password1” followed by “abc123”.

I’ve written some carefully considered advice on passwords, which is still as valid today as it was in those dark, distant days of October.

Surprising court decision doesn’t favour the artist

Filed under: Britain, Media — Tags: , — Nicholas @ 08:48

Having just read the brief outline of the case, I was more than a little surprised that the court (correctly, in my opinion) decided that the “art” in question was just glorified vandalism:

Glass act: student fined for smashing gallery window and calling it art
Gallery fails to see funny side after student puts metal pole through window as part of an art project

Does breaking a window count as art? Yes, murmured the 50 or so artniks who recently crowded into a former Edinburgh ambulance garage to view a film of sculptor Kevin Harman doing just that. No, insisted Kate Gray, director of the Collective Gallery in Cockburn Street, whose window it was.

The courts are on Gray’s side. Yesterday Harman, a prize-winning graduate of Edinburgh College of Art, was fined £200 for breaching the peace on 23 November, when he smashed a metal scaffolding pole through one of the gallery’s windows. Fiscal depute Malcolm Stewart described the affair as “a rather bizarre incident” which had left Collective staff “upset.”

I’m actually quite surprised that the court decided this case properly . . . it has seemed for quite some time that an “artist” could declare just about anything to be “art” and get away with it. I’m not against all art, but if in the performance of your artistic work you happen to break a law, I think the police and the courts should not mitigate your treatment just because you’re an “artist”.

December 17, 2009

Judiciary to “fight back” against draconian Tory laws

Filed under: Cancon, Law, Politics — Tags: , , — Nicholas @ 09:03

It’s always nice when your secret opponents actually come out and say that they’re against you. Bob Tarantino shows how the Tories’ “draconian” penalties against criminals are opposed by the judiciary:

In the middle of an otherwise rote piece in a Toronto-area newspaper about how Stephen Harper is just too gosh-darn mean to criminals, there appeared this remarkable passage: “Judges are skilled at devising creative ways to fight back against laws they believe may skew the system. For example, Judge Cole said the elimination of two-for-one pre-trial credit has prompted judges to begin talking openly about forcing trials to be held more quickly. He said Canadian judges may also start compensating by intentionally lowering sentences: ‘That appears to have been the experience in other jurisdictions where Draconian sentencing policies have been forced upon the judiciary.’ ”

The passage is noteworthy for a number of reasons. Neither Justice Cole nor the newspaper’s justice reporter, both of whom can be assumed to have at least a glancing familiarity with the role of judges in our constitutional democracy, saw anything striking in characterizing the proper task of the judiciary as “fighting back” against laws they don’t like.

Nor do they find anything striking about a judge viewing duly enacted legislation as something being “forced upon” the judiciary — as if it were the judges who were being sent to jail.

And judges won’t just be “fighting back” against Parliament — in order to make good on the threat of handing down “intentionally” lower sentences, they will need to ignore case-law precedent. Evidently, neither Parliament nor the previous decisions of judges themselves will be allowed to stand in the way of the determination of certain members of the judiciary to treat convicted criminals lightly.

It’s no surprise that certain members of the judiciary think of themselves as being better able to determine what “appropriate” punishment might be . . . after all, within the statute and case law, that’s what they’re supposed to do. It’s the expansion of that notion that they know better and don’t feel they should be bound by the letter of the law. That’s several steps too far.

December 15, 2009

Heart-warming story of the day

Filed under: Britain, Law — Tags: , , , , — Nicholas @ 12:52

Jon sent me this heart-warming story, and I thought it best to share:

A millionaire businessman who fought back against a knife-wielding burglar was jailed for two-and-a-half years yesterday. But his attacker has been spared prison.

Munir Hussain, 53, and his family were tied up and told to lie on the floor by career criminal Waled Salem, who burst into his home with two other masked men.

Mr Hussain escaped and attacked Salem with a metal pole and a cricket bat. But yesterday it was the businessman who was starting a prison sentence for his ‘very violent revenge’.

Jailing him, Judge John Reddihough said some members of the public would think that 56-year-old Salem ‘deserved what happened to him’ and that Mr Hussain ‘should not have been prosecuted’.

But had he spared Mr Hussain jail, the judge said, the ‘rule of law’ would collapse.

He said: ‘If persons were permitted to take the law into their own hands and inflict their own instant and violent punishment on an apprehended offender rather than letting the criminal justice system take its course, then the rule of law and our system of criminal justice, which are hallmarks of a civilised society, would collapse.’

Salem, who has previous convictions, has already been given a non-custodial sentence despite carrying out what the judge called a ‘serious and wicked’ attack.

Well, it’s nice to know that some judges carry the best interests of “society” close to their hearts. And he’s right, you know: society would indeed collapse if the courts were forced to spend their time trying and sentencing career criminals like Salem. They’re career criminals. Custodial sentences would interfere with their careers, which would be a serious infringement of their human rights. Can’t have that.

The courts, however, are well situated to send serious messages to wanton millionaires like Hussain, who need to be regularly reminded that their wealth and privilege does not give them rights over and above those enjoyed by normal non-millionaires. I have no need to remind you that non-millionaires are not allowed to defend themselves against criminals either.

So, clearly, justice is served.

In some parallel universe, anyway.

December 5, 2009

Speaking of disproportional punishment

Filed under: Law, Media, USA — Tags: , , , — Nicholas @ 12:45

BoingBoing reports on yet another vastly disproportional punishment for a victimless crime:

The movie industry has turned into an alcoholic dad who beats up his family at the slightest transgression while ignoring his own gross failures — blaming everything on external forces and refusing to confront its own problems.

Meanwhile, 22-year-old Samantha Tumpach spent two nights in jail for recording her friends singing “Happy Birthday” at a movie theater, for capturing less than four minutes of a feature film. She is charged with a felony and if convicted, could lose the right to vote, to work with children, to hold office, and to partake in full civil life.

And the movie industry’s pitch to us remains, “Please stop pirating our discs, because if you don’t stop, we may be driven out of business and then society would suffer from our absence.”

Despite (legal) danger, teens still hot for sexting

Filed under: Law, USA — Tags: , , , , , — Nicholas @ 12:20

In another example of the state’s threat of legal punishment being hugely disproportional to the perceived or actual damage of the ‘crime’, so-called sexting can carry a life-long legal penalty for an act with little or no actual danger to the parties involved. In a case of “well, duh”, kids are still eager to send one another pictures of themselves nude or partially clothed, in spite of (or in ignorance of) the legal threats:

The latest figures come from a poll organised by the Associated Press and MTV, which questioned around 1200 youths and semi-youths aged from 14 to 24. What they discovered, among other things, is that boys think naked pictures are “hot” while girls consider them “slutty”.

We’ll go out on a limb here and say that boys and girls feel much the same ways about thigh-high boots and micro-skirts — one boy’s hot is another girl’s slutty, but that’s another issue. Young people do seem peculiarly blind to the long-term risks of naked photographs, though perhaps they should be admired for having such confidence in their own bodies.

About half of those surveyed thought the risks were overplayed — the rest were suitably wary, but did it anyway. Greater education about the risks doesn’t seem to be the answer: it’s almost as though young people aren’t listening to the advice provided by their elders and betters.

The risks they run include both sender and receiver being charged with various sex crimes, resulting in potentially being added to the sex offender registry for their state(s) of residence, which pretty much ends any possibility of them being able to go to university, hold a job, or lead a normal life.

December 4, 2009

More good news on reining in the out-of-control HRC bureaucracy

Filed under: Bureaucracy, Cancon, Law, Liberty — Tags: , , , — Nicholas @ 12:16

Colby Cosh summarizes the results of the Alberta Queen’s Bench decision on the Boisson case:

So how stands freedom of the press in Alberta after Thursday’s Queen’s Bench decision tossing out the Boissoin human-rights panel ruling? Justice E.C. Wilson’s reasons establish two big things, pending some higher-level judicial review of Alberta’s human-rights regime:

1. The Charter of Rights can’t be used willy-nilly by content creators in magazines and newspapers as a shield against tribunal oversight, but

2. The tribunals have to confine themselves strictly to the powers granted them by statute, defer to Charter values, respect the presumption of innocence, and in general act a lot less like a cross between a military junta and a three-ring circus.

In 2002 Red Deer preacher Stephen Boisson had written a sweaty, sulfurous letter about the Great Gay Conspiracy to the local daily paper (pause for ironic smirk: it’s called the Advocate). Among other things, Boisson denounced the spectacle of “men kissing men”, which suggests he may not know his way around the synoptic Gospels too well. In any event, a panel of the Alberta Human Rights and Citizenship Commission found him guilty of discrimination-by-the-word, and he was subjected to a fine, prior restraint on his future speech, and a demand for a written apology.

Debunking the porn-violence link

Filed under: Randomness, Science — Tags: , , , , — Nicholas @ 09:13

After giving up all hope of finding “uncontaminated” study subjects, a Quebec researcher concludes that the long standing claim that viewing pornography leads to violence and sexual crimes doesn’t appear to be true:

Lajeunesse, unable to find any smut-free young chaps, carried out a detailed study on 20 students who admitted having a fondness for filth. It seems that 90 per cent of all porn is viewed on the internet nowadays, at least in French Canada. Unsurprisingly single chaps watch spend about four times as much time looking at porn as those in committed relationships.

“Not one subject had a pathological sexuality. In fact, all of their sexual practices were quite conventional,” reports Lajeunesse.

“Pornography hasn’t changed their perception of women or their relationship … Those who could not live out their fantasy in real life with their partner simply set aside the fantasy … men don’t want their partner to look like a porn star,” he adds.

The study was funded by Canada’s Centre de Recherche Interdisciplinaire sur la Violence Familiale et la Violence Faite aux Femmes (CRI-VIFF, or the Interdisciplinary Research Center on Family Violence and Violence Against Women). However Lajeunesse firmly rejected the idea that goggling over naughty pics, vids etc leads men to mistreat the ladies they encounter in real life.

Amusingly, while putting this post up, my iTunes playlist offered up Rough Trade’s “Crimes of Passion”.

November 13, 2009

Veterans chase would-be robber out of Legion

Filed under: Cancon — Tags: , , — Nicholas @ 08:43

A Royal Canadian Legion branch was the target of an armed robbery. The would-be robber must have thought these old gaffers would be easy pickings, as he walked in while they were counting the cash from this year’s poppy drive. He was lucky to escape:

A would-be thief brandishing a gun likely wasn’t counting on an 84-year-old veteran and a fellow member of his Toronto legion putting up a fight when he tried to make off with their poppy money.

But police say that’s what happened Thursday when a man walked into a Royal Canadian Legion in the city’s east end as members were counting the money from this year’s poppy drive.

They refused to give up the cash and instead chased the suspect and tackled him.

However, they were unable to stop him from getting away.

John Dietsch, the 84-year-old Second World War veteran, says he thought of the veterans who served in the military – and the time they spent selling poppies – when he stood up to the man.

September 10, 2009

Criminals get creative, use “reality TV” ruse

Filed under: Europe, Law — Tags: , , , — Nicholas @ 10:03

Apparently, “reality TV” does have a use: it allows criminal gangs to kidnap women and sell their pictures on the net:

Turkish military police said today that they had stormed an Istanbul villa to rescue nine women held captive after being tricked into believing they were reality TV show contestants.

The women were rescued on Monday from the villa in Riva, a summer resort on the outskirts of Istanbul, according to a spokesman for the military police in the region who carried out the raid. He said the women were held captive for around two months, but refused to provide further details.

The women were led to believe they were being filmed for a Big Brother-type television programme, according to the Dogan news agency and other news reports. Instead, their naked images were sold on the internet by their captors.

Given what could have happened, these women seem to have gotten off quite lightly . . . and it raises the question of whether this has been done/is being done in other areas.

August 18, 2009

This is very much an unwelcome technical discovery

Filed under: Law, Liberty, Technology — Tags: , , , — Nicholas @ 00:04

DNA evidence can be created to match a known profile:

Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.

The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.

“You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”

H/T to Radley Balko.

August 3, 2009

Looking for your criminal ancestors?

Filed under: Britain, History, Law — Tags: , — Nicholas @ 10:50

A wide selection of criminal case records from 19th century England and Wales have been made available online:

The records of more than 1.4m criminal trials held in England and Wales in the 19th century, including the most celebrated cases of the Victorian era, have been posted online for family historians to trace their more nefarious ancestors.

Among those whose names are listed are Roderick Maclean, one of several would-be assassins of Queen Victoria, who was declared “not guilty, but insane” after he threatened the monarch with a pistol outside Windsor Castle in 1882, and Isaac “Ikey” Solomon, the fence of stolen property and model for Charles Dickens’s Fagin, who was sentenced to transportation — not execution as in Oliver Twist — in 1830, six years before the novel was written.

Others include notorious murderers such as William Palmer, publicly hanged outside Stafford jail in 1856 after being found guilty of poisoning a horse-racing friend, and Dr Thomas Neill Cream, one of the Jack the Ripper suspects, also hanged as a poisoner in 1892.

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