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Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Samizdata quote of the day

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

An absurdity of lawmakers

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_kitchen_knife_sml.jpg

… 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.

A shift in the public mood

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.”

Sanity in the police at last?

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.

The Olympic Games and London crime – I propose a deal

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.

The state does not protect us and we may not effectively protect ourselves

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.

Reasonably ineffective

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.

Utopia: Anarchy or State?

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.

Imagine this for a moment

“Just imagine that instead of urging householders to barricade themselves inside their homes if a burglar attacks, a group of senior police officers were to write a joint signed letter to the Times saying that in such a case, fight the intruder, to the death if necessary. Imagine what impact this would have on the public debate about self defence and crime.”

Brian Micklethwait, speaking at a recent one of his regular Friday evening soirees.

What is reasonable force?

After seeing an encouraging headline on the front page of yesterday’s Daily Express (“AT LAST, A JUDGE BACKS A MAN WHO SHOT A BURGLAR”), I bought the paper, read the story, and looked for further enlightenment by googling “Judge Andrew Hamilton” “Kenneth Faulkner”. I got these headlines:

Judge stirs debate on self defence

Shot burglar case sparks debate

Judge Backs Farmer Who Shot Burglar

Sadly, however, there is rather less to this story than meets the eye:

Prosecutor Michael Auty told Judge Andrew Hamilton that charges against Mr Faulkner had been considered but not brought, since his intention was to frighten; there was no evidence to suggest “anything other than acting in legitimate defence of his property and person”. In addition, Rae had suffered only pellet wounds to his lower leg.

Rae suffered “only pellet wounds to his lower leg”. So, although charges against Mr Faulkner had been considered, they were not brought. Had it been worse, it would also have been far worse for Mr Faulkner, is the clear implication.

The final google headline that I harvested yesterday went like this:

Housebreaker accepts victims have the right to fight back

How very sporting of him. The idea that you need the moral assent of your burglar before you may counter-attack him is ridiculous, not to say contemptible. Although come to think of it, I suppose that in the debased criminal justice culture of this country just now, it probably counts as news that this particular burglar has no plans to sue his victim for the crime of resisting. As is the fact that a judge is saying this kind of thing too. → Continue reading: What is reasonable force?

Nice one, ‘arry

So hapless Prince Harry takes a swing at some paparazzo who bashes him in the face with a camera, and the British press have apoplexy tut-tutting over his behaviour.

To use internet parlance, WTF? If some pushy bastard negligently clips you in the mouth with a camera whilst in search of a few quid, the correct response is to return the favour with interest. That is not ill-advised or thuggish or incorrect, it is an entirely appropriate means of male-to-male comminication at such a time. I am glad to see that there is a member of the royal family who actually has personality traits that approach those of the Crown’s normal everyday subjects.

It seem quite appropriate that not only should he not apologise for his reaction to the incident, he should be advising Christopher Uncle that if there is a next time, there should be some expectations of a royal boot in the bollocks as well.

9mms and M-16s

I was paging through the new issue of American Rifleman, the monthly magazine of the National Rifle Association, when I came across an interview with General Tommy Franks, who led the brilliant assault on Baghdad last year. (Sorry, no link available).

In the interview, the retired General is asked a couple of questions about his preferences in guns, and I found his answers surprising.

First, he said he prefers the current Beretta 9mm handgun to the .45 he carried in Vietnam. He couldn’t really point to anything concrete, just a generalized (so to speak) preference. He did note that it had to be shooting the right loads to be an adequate combat weapon, but that was the only concession he made.

Second, he said he considered the M-16 to be a superior battlefield weapon to the AK-47 in every way. Period. Based on his comments about the M-16 earlier (he was in basic training when they were first issued), I think there is an unspoken assumption here that that it is a better weapon in the hands of well-trained troops who know how to maintain it.