Tag: crime

Give someone the third degree

burns

The Third Degree (1919)
1919

Here’s a curiosity of the language. To give someone the third degree is an American idiom.

It “means to interrogate them ruthlessly, to grill them without mercy, perhaps with threats or bodily harm. The idiom to give someone the third degree came into use around the turn of the twentieth century in the United States to describe interrogations by some police departments. The origin of the idiom is uncertain.

“Some credit Washington D.C. police chief Richard H. Sylvester, claiming that he divided police procedures into the first degree or arrest, second degree or transportation to jail, and third-degree or interrogation. A much more plausible explanation is the link with Freemasonry, in which the Third Degree level of Master Mason is achieved by undergoing a rigorous examination by the elders of the lodge.”

Likewise, when it comes to burns, the higher number, the more severe. First-degree burns (superficial burns)… cause pain and reddening of the epidermis… Second-degree burns… affect the epidermis and the dermis… They cause pain, redness, swelling, and blistering.

“Third-degree burns go through the dermis and affect deeper tissues. They result in white or blackened, charred skin that may be numb. Fourth-degree burns… can affect your muscles and bones. Nerve endings are also damaged or destroyed, so there’s no feeling in the burned area.” That was, BTW, a painful recitation.

It’s different for crimes

The third degree notwithstanding, crimes are regarded differently. I was aware of this from the time when I was arrested in May 1972 for fourth-degree criminal trespass at an antiwar demonstration, I discovered that it wasn’t even a crime – felony or misdemeanor –  but a violation, similar to a traffic citation.

The issue came up in a discussion over the third-degree murder charge, among others, George Chauvin is facing in the death of George Floyd. By the logic of the first two examples, third-degree should be the most serious. But, as someone who’s been watching legal shows since the original Perry Mason, I knew this is not the case.

From Wikipedia: “In most US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, followed by voluntary manslaughter and involuntary manslaughter which are not as serious…”

So someone might be given the third degree over a first-degree murder charge, and both would be serious. But WHY is this different? I DON’T KNOW. Explain this to me if you can!

Crime per Ayn Rand, James Madison

“who knows what the law is to-day”

James MadisonI must admit I’ve never actually read Ayn Rand. The opinions of many who have either perused her books or watched the movies based on them were unimpressed.

Yet, a Quote A Day thing popped up in my email, and it made a certain amount of sense. Of course, I don’t know the context. “The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.”

This seems to be a fairly accurate description of the laws of America, at different points in time, for a select population. For instance, the Black Codes of the Jim Crow era. Black people could be fined if they worked in any occupation other than farming or domestic servitude. There are LOTS of examples of this, such as the now-repealed Rockefeller drug laws.

Federalist 62

James Madison probably penned Federalist No. 62. It is largely about the nature of the House of Representatives versus the Senate. For instance why a Senator should be older than a member of the House.

But there is this one paragraph that just jumped out at me.

“The internal effects of a mutable policy are still more calamitous. It poisons the blessing of liberty itself.” In other words, one ought not to change the law frivolously.

“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read…” Has not the Congress, and undoubtedly state legislatures, regularly passed omnibus bills? They have provisions that almost no one had looked at. And they often have repercussions that were unforeseen or foreseen only by a devious player or two.

“…or so incoherent that they cannot be understood…” I was watching one of the Sunday morning news shows. The moderator said a particular bill meant X. An inept White House representative – let’s call him Larry K. – said it meant Y. The moderator said, “I’ve read the bill!” Larry mused that the MEANING of the bill was beyond what was actually on the paper. Ouch.

Consistency

“If they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow.” Some traffic speed traps are like that, suddenly changing the speed limit without proper signage.

“Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?” I was struck by something on Trevor Noah on July 15, 2020. Teen Jailed for Not Doing Homework. Where is such a law? The case was in Michigan, and was actually a judge’s ruling.

“In mid-May, a Michigan judge found a 15-year-old Black student guilty of ‘failure to submit any schoolwork and getting up for school,’ and sent her to juvenile detention.” She stayed for 78 days before “the Michigan Court of Appeals ordered the teen’s immediate release. The situation sparked “conversations around the school-to-prison pipeline and systemic racism. ”

Thus endeth the musings for today.

The Emmaus/RISSE (probable) arson

“The need in Albany is clear: Refugee families need long-term mentoring and education as they build new lives after experiences of trauma, dislocation, and relocation.”

risseIt’s human nature, I suppose, to be more strongly affected by tragedies that are close to home. I’m a former United Methodist, and I know the building at 240 West Lawrence Street in Albany, which was once a parsonage for the Emmaus United Methodist Church; I once helped the pastor move in one July 4. I’ve attended the church occasionally at Emmaus, and knew a subsequent pastor rather well, including attending her first service at the church, also, ss it turns out, on an Independence Day.

The first bit of news I read this week was this from AlbanySNN, the school notification site:

The after-school tutoring program at Emmaus United Methodist Church on Morris Street is cancelled until further notice due to a Tuesday morning fire at the program’s nearby administrative offices.

The tutoring program is operated by Refugee and Immigrant Support Services of Emmaus, or RISSE, whose West Lawrence Street headquarters were badly damaged in the fire.

We will keep you posted on the status of the tutoring program.

Then The Wife calls me with more disturbing details about the fire, which was only five blocks from our home:

Police are trying to determine if slashed tires found on two vans owned by Refugee and Immigrant Support Services of Emmaus on West Lawrence Street are linked to an early morning fire that gutted office and instructional space used by the group, firefighters said…

RISSE, which helps immigrants and refugees adapted to life in the United States, is based in the nearby Emmaus United Methodist Church.

The only thing I can think to do, in order to fight off my deep disappointment over this probable arson is to contribute to RISSE. Read about the good work the organization has done:

The need in Albany is clear: Refugee families need long-term mentoring and education as they build new lives after experiences of trauma, dislocation, and relocation. About 400 refugees arrive annually in New York’s capital area. While government-sponsored organizations provide initial intervention, community-based support for the longer-term is critical.

This is not a rich organization. It is affiliated with a financially poor congregation, which nevertheless is doing great things. Please consider making contributions yourselves.

The Kitty Genovese narrative largely debunked

Read the New Yorker article about the 1964 Kitty Genovese murder, and you will recognize that the New York Times story of the time had done a grand disservice to our views of the cities, especially NYC.

kitty_genoveseIf you were old enough – and I was – the name of Kitty Genovese was a name you knew. Not just that she was a murder victim in Queens, NYC, stabbed to death on March 13, 1964, “one of six hundred and thirty-six murders in New York City that year,” but that the apparent indifference to her plight by over three dozen “witnesses” spoke volumes about the apathetic nature of a segment of American life:

…the gist of the [New York Times] piece lent itself perfectly to Sunday sermons about a malaise encompassing all of us. It was a way of processing anxieties about the anonymity of urban life, about the breakdown of the restrictive but reassuring social conventions of the fifties, and, less directly, about racial unrest, the Kennedy assassination, and even the Holocaust, which was only beginning to be widely discussed, and which seemed to represent on a grand scale the phenomenon that one expert on the Genovese case calls Bad Samaritanism.

Except that the narrative was largely untrue. Not that her murder was not horrific, but read the New Yorker article, and you will recognize that the story had done a grand disservice to our views of the cities, especially The City.

The Kitty Genovese narrative – I was 11 at the time – terrified me. It fit into a narrative of black people, and their white supporters – disappearing in the South and ended up dead. But that was far away, down “there”. This story, not just the murder but the indifference, 180 miles from my home at the time, made my world just a bit of a scarier place.

I remember that after the Oklahoma City bombing in April 1995, one pundit noted that one would not expect that sort of thing in “the heartland” – my, I HATE that word – though you would EXPECT that sort of thing in NYC, and he used the 1993 World Trade Center bombing as an example. The people in what the NY/LA folks sometimes call “flyover country” are supposed to be immune to that sort of thing, because, it seems, they care more about each other. The one oddly beneficial thing about 9/11 was that, for a time, EVERYONE was a New Yorker, and that kind of divisive thinking went away, if only for a while.

Florida: race, murder, self-defense

“The most damning element here is not that George Zimmerman was found not guilty: it’s the bitter knowledge that Trayvon Martin was found guilty.”

After George Zimmerman’s acquittal in the shooting death of Trayvon Martin death in Florida, the New York Daily News did a piece When will it end? Deadly racial targeting of black men and teens is hardly ancient history.

So I find it difficult to look at the case as a singular event but in the context of a social pattern. Black-on-black murder doesn’t make headlines, unless it hits an epic proportion, as it has in Chicago recently. Black-on-white murders statistically draw tougher sentences. So there is always uneasiness when a white-on-black killing takes place.

In the “good old days”, there were often no consequences, and in these days, laws such as Stand Your Ground can justify the same result.

Jelani Cobb has covered the Zimmerman trial for the New Yorker. Her stories are all worth reading. George Zimmerman, Not Guilty: Blood on the Leaves has some quotable pieces.
“The most damning element here is not that George Zimmerman was found not guilty: it’s the bitter knowledge that Trayvon Martin was found guilty.”
“Yet the problem is not that this case marks a low point in this country’s racial history—it’s that, after two centuries of common history, we’re still obligated to chart high points and low ones. To be black at times like this is to see current events on a real-time ticker, a Dow Jones average measuring the quality of one’s citizenship… That [Trayvon’s shooting] occurred in a country that elected and reëlected a black President doesn’t diminish the despair this verdict inspires, it intensifies it.”
*”Perhaps history does not repeat itself exactly, but it is certainly prone to extended paraphrases. Long before the jury announced its decision, many people had seen what the outcome would be, had known that it would be a strange echo of the words Zimmerman uttered that rainy night in central Florida: they always get away.”

Of course, the case may have hinged on the judge’s jury instruction, which was appallingly incomplete.

Perhaps not coincidentally, the review of the newly-released movie Fruitvale Station,- the true story of Oscar Julius Grant III, a young black man unjustly killed in California in 2009, notes how that story echoes the Martin case. “The film’s portrayal of a young black man as a complex human being– [not that] you’re either a thug or a saint, good or bad, black or white (sometimes literally), with no shades of grey between…. [T]he eagerness with which the pro-Zimmerman faction of the populace and media leapt breathlessly upon any scrap of negative information about his 17-year-old victim–he smoked pot! He talked like a thug on Twitter! He flipped off the camera in pictures! He may have stolen jewelry!… But even if every vile posthumous rumor that attached itself to Martin was true, even if he was a pot-dealing, thugged-out thief, what then? Is tweeting like Tupac a death-penalty offense?” Supporters of Trayvon have suggested he was a good son, someone who did well in school, who went to church, who did community service; assuming that’s true, that’s fine, but it’s just the “saint” side of the portrayal, and, for me, doesn’t materially affect the tragedy of the situation.

Another Florida case in which Stand Your Ground may be invoked is the first-degree murder case in which Michael Dunn, who is white, is charged with shooting into a car, killing 17-year old Jordan Davis, who was black, after an argument over loud music. (Sidebar: someone on Facebook complained about a person mentioning this case on FB, because the original story came out back in November 2012, as though it were old news, or resolved. Just this month, 2nd judge leaves the Michael Dunn/Jordan Davis case.)

Meanwhile, I came across this bizarre story from May 2013: Fla. mom gets 20 years for firing warning shots. “Marissa Alexander of Jacksonville had said the state’s ‘Stand Your Ground’ law should apply to her because she was defending herself against her allegedly abusive husband when she fired warning shots inside her home in August 2010. She told police it was to escape a brutal beating by her husband, against whom she had already taken out a protective order.” One is left wondering if she had instead killed her husband, she would be walking the streets, or whether her race (she’s black) or gender would have played into the case.
***
Related: this week is the 150th anniversary of the New York City Draft Riots. “With the ludicrous Newt Gingrich (who claims to be a historian) insisting the peaceful Trayvon Martin protesters were ‘prepared to be a lynch mob,’ it’s worth remembering that devastating eruption of white mob violence 150 years earlier when at least 11 black men were actually lynched.”

Lester Chambers of the Chambers Brothers Assaulted on Stage Dedicating Set to Trayvon Martin, with link to “Time has Come Today.”

Kids Who Die by Langston Hughes.

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