You can legislate behavior, but you can't legislate thought.
The latest effort to undermine this basic principle is not, as so many have been, a "hate crime" issue. No, this time the focus is not on the unknowable thoughts of the perpetrators of a crime; this time the "feelings" of a potential victim are being used to determine if a felony has been committed; indeed the feelings are being used to determine if there was any crime at all.
Two boys, special ed students in Florida, one nine, the other ten years old, have been charged with "making a written threat to kill or harm another person, a second-degree felony." They are alleged to have made violent stick figure drawings which, in and of themselves, are nothing special; my son and his friends have made countless drawings with similar content.
The police, who are standing by their arrest of the boys , admit that it's not the drawings themselves that are criminal.
local6
"When an adult or even myself look at the picture looked at it at first I was thinking there is really not much to the picture or I would not be that scared by the picture those children drew," Ocala police spokesman Russ Kearn said.
But they don't stop there. They make a startling leap to the idea that the feelings of a person seeing the pictures, determines whether a crime has been committed.
"However, we have to put ourselves in his mind and that's the bottom line here. It is his well-being and the way he perceived that picture to be. It actually put him in extreme fear and he was in fear for his life." [Emphasis mine - Ed.]
Obviously no one can put themselves in another persons mind. Nor can the perceptions of a person who might or might not be a victim, depending on how he feels at the time, be used to judge whether a crime has been committed, or if one has, gauge it's severity. There must be an objective measure.
By the standard they are using to charge the two boys, anyone could be arrested for anything. If I made a sandwich for lunch and you were for some reason frightened by it, I could be arrested. If you said "pudding" and I felt threatened by it, you could be arrested. This is no basis for a legal system.
To be sure, if the boys were bullying a classmate they should be punished and shown how their behavior was wrong. But to charge them with a felony is absurd.
Perhaps a time-out would be better; or no TV for a couple of days.
Detention?
Update: After reading this post, Mr. Bob at The Daily Blogster wrote the Ocala Police Department to express his frustration. To his surprise he got a prompt response.
Here is what Greg Graham, Deputy Chief of
Police said;
Thanks for your thoughts and email. Yes we
did in fact arrest two children for threatening to kill another child. What is not being reported is
the fact that the victim child had been bullied by these two children
and verbally threatening him. The children then drew a picture depicting
this child being stabbed by both of them with a pool of blood under the
victim One of the defendant children had committed a violent act against
another child in the past.
Could this have been handled a different way? Absolutely. Should it
have been handled a different way? Maybe. But what would have happened if
we took no action and at some point later the child was harmed by these two,
I wonder what would be said about us then.
I'm sorry that you feel this way. I hope that I have answered your
question.
Greg Graham
Deputy Chief of Police
Ocala Police Department
Mr. Bob also e-mailed me; he feels their response shows that they deserve a little extra slack. He's probably right, most people deserve a little more slack. Their intentions seem to be good, and the need for adult intervention seems obvious enough. Like Mr. Bob, I have no problem with the fact that they took action -- it's the action they chose I have a problem with. The police did the right thing by protecting the child. It's the person who decided to charge the boys with a felony, because of the childs feelings, that made an error.
Notice that I said "their intentions seem to be good." I really don't doubt that they are good, but there is no way that I could know what their intentions really are -- in exactly the same way that they can't tell whether a crime has been committed by reading the mind of a boy.
Good job calling the police Mr. Bob.