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There is an article in the Spectator which seems a bit complacent to me:
If a violent criminal breaks into my house I, too, may react violently, but if I do so I doubt whether I shall live in fear of ending up like Tony Martin. This is because the law already accepts the right to self-defence and does so in such a way as to take into account an individual’s assessment of the threat in the heat of the moment. Strip away the Tony Martin case, which unfairly dominates all discussion on this topic, and just look at other recent cases. In November 2002 the retired businessman Anthony Spray heard somebody trying to open the door of his Cumbrian home and went downstairs, armed with an air rifle, to investigate. Seeing a figure at the now open door, he shot 19-year-old Paul Evans in the eye from a distance of four feet. Evans, it transpired, was not a burglar: he had mistaken Spray’s house for a B&B where he was staying. As a result of his mistake, Evans lost an eye, yet Spray was not jailed: he was given a 12-month suspended sentence and ordered to pay £3,000 compensation.
Riiight. So the author of this piece, Ross Clark, thinks that the case of Tony Martin, the west Norfolk farmer jailed for killing an intruder at his farm and injuring another, is just a freak, a one-off case which need offer no special insights into the rights of self defence. The Spray case, as is clear, still resulted in the householder being convicted, albeit not having to serve a term of imprisonment.
Clark’s piece is not without merit. He argues that the United States has achieved a large fall in crime due, he claims, to such factors as ‘zero tolerance’ policing, tough sentencing and the like. No doubt these have played a part but it is a distortion to suppose that America’s much lower level of aggravated burglaries is not partly linked to widespread ownership of firearms and a different approach on the part of the courts to householders using force to defend themselves.
Clark is correct to state that hard cases make bad law. He is, however, dead wrong to suppose that apart from the Tony Martin case, there are no examples of homeowners having been prosecuted for self defence. And it is abundantly clear that burglars have got the message: raiding a person’s home is a low-risk activity in Britain, as Perry de Havilland’s former neighbour, the late City financier John Monckton, found out last year.
Fortunately, we have the historian Joyce Lee Malcolm to set us straight on the real lessons to be learned from recent trends in British and American policy on self defence and the law. I urge everyone interested in this issue to read her book if they haven’t already done so.
UPDATE: In thinking through the Spray case mentioned above, I do accept that it was right for the householder to compensate a man mistaken for a burglar, but the suspended jail term strikes me as quite wrong although I have not studied all the particulars of the case, including whether the householder had been the victim of multiple burglaries in the past, like Tony Martin.
If you live in Britain and you do not think crime, casual violence and the background of anti-social behaviour is mounting problems based on the evidence of your own eyes, then stop reading now and keep taking the NHS prescribed Prozac. For all the rest of you, take a look at this report by Civitas.
Of course the government and police claim the truth lies elesewhere. No prize for guessing who I am inclined to believe.
Tory MP Patrick Mercer has tabled legislation to ‘rebalance’ the right to defend life, limb and property in favour of the victims of crime.
And how exactly will that make a lone 60 year old woman safer if someone breaks into her house? Please remember that it was a Tory government which decided she will have no right whatsoever to have effective means to defend herself by restricting firearms.
The Mercer Bill is welcome but all it does is make Britain a little bit safer for houses containing one or more adult males from their late teens to their late sixties who are actually capable of picking up a blunt instrument and taking on an intruder with a reasonable chance of success. The unpalatable truth is that most people are not able to effectively defend themselves against your typical house intruder (one or more young men between 16 and 35) unless they have an effective weapon. And that means a gun.
“God made man but Colonel Colt made them equal”
And here (just in case you missed the comments on the previous posting) is yet another circumstance where an armed populace would have really helped:
One man has died and five other people are in a critical condition after being attacked by a man with a knife.
Scotland Yard said a man drove around the areas between Enfield and Haringey in north London in a red Hyundai stabbing people on Thursday morning.
Officers are investigating if there is a link between the attacks and the murder of shopkeeper Mahmut Fahri.
A man, who police say has a history of mental illness, is being held in connection with the attacks.
“History of mental illness” is today’s euphemism for maniac, it would seem.
Personally I believe that people would not even think of behaving like this if they knew that everywhere they went on such rampages they would be confronted by the armed and the respectable. And I further believe (although I would welcome intelligent contradition about this) that this includes maniacs, who (and I believe there have been quite sophisticated experiments about this) are actually quite responsive and rational about altering how they conduct themselves, when faced with predictably different rewards and predictably different punishments. What maniacs lack is not rationality; it is merely any semblance of good manners.
See also: Hungerford Massacre. This slaughter was caused by gun control. It was not only caused by gun control, but it could not possibly have occurred in the way that it did without gun control. The police had to get guns from London. And it all happened at the precise historical moment when, for the first time since cheap firearms were invented, a country town like Hungerford no longer contained any. Simultaneously, crime throughout the British countryside was rocketing. The response to Hungerford was to tighten the screw that had illegalised self-defence in the first place.
This good woman has already been linked to from here today, but there cannot be too many such links out here in Blogland, I say.
I know that, for some, the way we here at Samizdata.net keep banging on, so to speak, about gun control (iniquity and fatuity of) is a bit dreary and predictable. But there is actually a bit of a buzz in Britain now about this issue, and any decade now this country might see some big changes in the right direction. Provided we keep buzzing and banging on.
Self defence, wrote William Blackstone, the 18th-century jurist, is a “natural right that no government can deprive people of, since no government can protect the individual in his moment of need”. This Government insists upon having a monopoly on the use of force, but can only impose it upon law-abiding people. By practically eliminating self defence, it has removed the greatest deterrent to crime: a people able to defend themselves.
– Joyce Lee Malcolm
A culture of bacteria, a gaggle of geese, a confusion of monkeys, a conspiracy of lawyers, an army of caterpillars, a parliament of owls… and an absurdity of lawmakers.
In response to rising violent crime in Britain, our political masters have proposed outlawing the sale of knives to people under 18. I assume that will swiftly be followed by laws requiring all unattended kitchens within every house in Britain containing a person less than 18 years of age be securely locked to prevent access to…
… large and really sharp knives.
Do anything, anything, no matter how self-evidently preposterous, rather than face the intolerable idea that the problem is not thugs with knives but rather victims without the means to effectively defend themselves.
Three months ago, I was ‘an extremist’. Today, I am merely ‘controversial’. I have not changed my opinion, but what is called “the public mood” has changed, at least in London.
The Metropolitan Police Commissioner, Sir John Stevens, interviewed in the Daily Telegraph (free subscription needed), has shifted the official middle-ground:
Householders should be able to use whatever force is necessary to defend their homes against criminals, even if it involves killing the intruder, the country’s most senior police officer said yesterday.
Sir John Stevens, the Metropolitan Police Commissioner, said those who defended their families and property should only face prosecution over injuries to intruders in “extreme circumstances”, where they could be shown to have used gratuitous violence.
Curiously the blame for the present insane situation where burglars can sue for damages if they are injured whilst invading a home, and where people can be prosecuted for resisting burglars, seems to lie with the common law and judges.
The solution according to Sir John, is a statute:
There should be a presumption in law “that the person using the force to defend themselves is acting within the law, rather than the other way round”.
Even if a struggle led to the death of an intruder, Sir John added, the law would presume that the person in that house had acted lawfully “and let the law change that presumption because of fact in evidence”.
He said: “The message it sends to the would-be attacker is, `Do not think you can come into people’s homes and people will not defend themselves with the right type of force that’s necessary.’ At the moment it seems it’s the other way round.”
This senior British police officer tells the Daily Telegraph that householders should be able to use force, lethal force if necessary, to beat off burglars. Good. It may not immediately lead to a change in public policy but I get the feeling that a watershed was passed in the murder this week of City financier and Chelsea resident, John Monckton. Regular readers of this site will know that the crime was committed within a few yards of our own Perry de Havilland’s home.
I am not going to repeat all the arguments we have seen about the issue of self defence, both on this blog and in our comments section. For me it is simple – the right to life is not worth much if one cannot use the means necessary to defend it. Full stop, no ifs, buts or qualifications. What does strike me, though, is that restoring the right of self defence will also, indirectly, improve the quality of our police forces. There are still a lot of very brave, committed and smart people in the police. Such people join up not just for the nice pension but also out of a desire to put thugs behind bars and protect the public. By being turned into “the paramilitary wing of the Guardian newspaper”, as blogger David Farrer memorably put it, many good policemen and women may have been demoralised and driven out of the force.
So if we want to be able to encourage smart and good people to be coppers and restore the reputation of the boys in dark blue, then restoring the liberties and protections of our Common Law is an integral part of that goal. All good Bobbies should be cheering on the rights of self defence.
What she said.
What she (the Telegraph‘s Janet Daley) started by saying was what they did in New York to bash the crime numbers down to a state bordering on civilisation from a state not bordering on barbarism. And then she turns her attention to the very contrasting state of affairs that still pertains in London, as we here hardly need reminding.
You will have noticed that this is precisely the opposite of what is happening here. Try ringing the police to tell them about an act of vandalism that is going on before your eyes and you will be treated with scarcely concealed ridicule: we’ve got more important things to worry about than some kids smashing up a building site. Never mind that the kids who have got away with that are likely to conclude that they can get away with pretty much anything.
Now New Yorkers have their city back and we are losing ours. …
I have a suggestion.
The politicos are cranking up this London Olympic bid. Well, all those of us who care more about people getting murdered than we do about people running marathons should offer the Olympiacs a deal. You can have your damned games if, by the time they come here, you have got on top of London’s crime numbers. If, on the other hand, you obsess about the Olympics and regard harping on about murder as a mere distraction, then we should all flood the internet with “London: World Capital of Crime – Olympians Do Not Come Here – You Will All Be Murdered” propaganda. “London Welcomes The Olympians” – “Now Hand Over Your Wallet Or Die”, etc.
Could some computer graphics genius perhaps do something with those Olympic ring things to turn them into a piece of anti-crime anti-the-political-causes-of-crime propaganda? Slosh some blood on them, perhaps, or make a couple of the rings into the front end of a double-barrelled shotgun.
The good thing about this arrangement is that I believe that it would work spontaneously. No one would have to be in charge of anything. But, if any of the people who do think that they are in charge of the Olympic bid tell us that we are being unpatriotic if we go on about crime in London instead of ignoring it and suffering in silence, they will be spontaneously attacked, and in a way that will really hurt them, with globally circulated (especially in Paris of course) bad news about what an appallingly unsuitable city London would be to hold these stupid games. Shut up, they will say. And the reply will be: no. Either you help us, or we screw you. That will be our message to them. And I think, after they have had a taste of it, that it might prove rather persuasive.
Which means that it is possible is that the Olympiacs might actually be recruited as allies in the campaign sketched out so vigorously by Janet Daley. Which means that something along the lines she says might – quite soon actually – start being done.
If London did do a New York with its criminal arrangements, as a result of the Olympics coming here, I for one could easily put up with a few weeks of Olympiac madness.
Last night I had some friends and business associates around for dinner here in Chelsea. It was an agreeable evening at which some interesting conversations were had, some good food was enjoyed and some nice wine drunk.
And at around 7:00pm while all that was happening in my home, some 50 yards away my neighbour John Monckton was stabbed to death and his wife seriously injured by a pair of young vermin who broke into their house.
Of course the state forbids people like the Moncktons from owning the means to defend themselves. And the CCTV cameras on our street? I cannot tell you how much better they must make everyone around here feel. The police who have closed off my street are festooned with all manner of weapons and body armour but given that their actual role in modern Britain is little more than clearing up the mess after another disarmed householder has been butchered, perhaps waterproof coveralls and mops would be more suitable equipment for our tax funded ‘guardians’.
Bitter? You bet. The world is full of predators and we are required to face them disarmed and as much in fear of the law as the criminal who attack us.
The state is not your friend.
On the face of it, this is good news, of a householder standing up for his rights, and using reasonable force:
Rock star Ozzy Osbourne has been praised by police for “very courageously” tackling a burglar who stole jewellery from his house.
The singer grabbed an intruder who then jumped 30ft (10m) from a first floor window as the star gave chase at his Buckinghamshire home on Monday.
But of course, this event leaves the definition of ‘reasonable’ in the same old totally unreasonable state that it has long been in. If you are Ozzy Osbourne, and you take it into your head to interrupt a criminal in the course of his criminality using only your bare hands, and not actually hurting the criminal, and you merely chase him away, with his swag, then fine, the Police will shower you in praise.
But if Ozzy had actually smacked the criminal with a chair leg or something, and had done it hard enough to ensure that the criminal would not be in any state to fight back, as would have been entirely reasonable and as would have been very much in the interests of everyone other than criminals, his legal position would now be far more awkward. Never mind that if Ozzy had done this, the criminal might have been caught, and might even – who knows? – have ended up being punished in some way. And Sharon Osbourne would have got to keep all her jewels. But no. Ozzy only managed to chase the criminal away, and the criminal gets to go on being a criminal. Well done Ozzy!
Well, Ozzy did do quite well. At least he had a go, as the saying goes. But he could have done far better, and if he had, the Police would have squealed like outraged, upstaged pigs.
Reading several pages of interesting reports and discussion on the BBC’s website about Somalia, I wonder:
Is Sudan a better country to live in than Somalia?
Do refugees travel between the two countries (probably via Ethiopia) and which is the better place to live?
How would Somalia score on a human rights questionnaire? Compared with say North Korea. I think of the official line from the worker’s paradise about homosexual rights: “There is no homosexuality in the Republic of Korea, it is a bourgeois disease.”
How obstructive are Somali warlords of international trade compared with say, the EU’s regulatory of tariff restrictions on agriculture? Is it easier and cheaper for a Kenyan farmer to sell food to Somalia than to Sudan or Spain?
I also note that multiple currencies are operating in Somalia, with US dollars, private currencies and old banknotes being exchanged in markets. Are Somalis really so much more intelligent than Europeans who had to be protected from currency choice?
The BBC reporter makes the mistake of comparing Somalia today with Holland Park in London today (except that some types of crime are probably more frequent in Holland Park). He is appalled that guns are for sale and that the entry fees finance qat instead of state schools and state hospitals. I think it is much more interesting to compare Somalia today with neighbouring countries today. On the face of it anarchy seems a lot like Robert A Heinlein’s depiction in The Moon is a Harsh Mistress and Ken Macleod’s The Star Fraction and The Stone Canal. Despite my quibbles with the BBC on this issue, full marks for going to Somalia eyes wide open, if not quite minds wide open.
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We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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