Alternative local journalists
Sunday, June 24, 2012
On turning Sixty
Saturday, June 23, 2012
A commentary in poetry
“United we stand, divided we fall”
The ancient truth of Aesop stands, an axiom unchallenged.
When we unite, no power on earth we cannot overcome.
Our rulers know this. They understand the power of the masses.
And so conspire to set us one against the other, dividing into classes,
exploiting every negative to keep us separate.
Relying on our ignorance, our apathy, our hate.
The saddest testament is how we live, and what we say,
continuing the lies they thrust upon us every day.
We've learned this canticle of propaganda all too well.
So tell, me, brother, sister, is it time for us to swell
into a single mass and cry together, “NO! NO MORE!”
“We've had it with your petty lies, your avarice and war,
your struggles to protect the rich and keep the poor contained,
your greed in keeping everything within your rich domain.
Your politics and trickery replaced the chains of old,
we're tired of waiting patiently for what will never come.”
Think carefully, my brethren, before you stand with me,
for greed and avarice will not go quietly.
They'll use their laws and armies to attempt to keep us down.
They'll call us communists and claim we are the ones,
the real culprits of the cause of all your loss and pain.
They'll whittle at the least of us til nothing else remains.
Unless you really want this world to change, don't stand at all,
go back in to your closet, go spray paint on your wall,
do nothing, and hope someday your children will be wise,
not following the path that you have set before their eyes,
but rising to the knowledge that we are of one race,
and understanding being human is not about a place,
a sea, a book, traditions, or how we think of God,
but a universal kinship, a vast genetic bond.
We are HUMAN, we are one, we are united in our blood,
inherent in our strength is our desire to be one.
So, tell me, brother, sister, can you offer up your lives,
to realize a dream where people everywhere survive
in harmony and unity, without the chains of old?
Are you willing to be brave? Are you willing to be bold?
Are you willing to be tolerant, and can you understand,
the differences among us are the power to be grand?
The colors of the rainbow exist within our hearts.
Are you willing to embrace them, give love a fresh, new start?
I would not have you answer me from lurching gut reaction,
but having thought this through, discussing with each faction,
if we are willing as a race to put away the past
and bring the new millennium of peace to Earth at last.
I've little more to say on this, my sermon's at an end.
If nothing else, I hope that you are thinking now, my friend.
I'll add one final epigram, these words you should recall,
“united we will surely stand, divided we will fall.”
Frederick Smith
© June 23, 2012
Monday, April 9, 2012
The Second Amendment and You - Why should you care?
I've been thinking about this lately and wondering just how many people actively think about their right to bear arms.
I know at least a few of you do, judging from comments made on my blog and other sources, but I'm kind of concerned that most of us "sane" (for lack of a better term) individuals don't seem to be on the same page here. One comment about passing concealed carry laws and allowing 17 year old black males to "defend themselves" against overzealous white vigilantes has me particularly concerned.
For the benefit of the uninformed who were cheated out of a decent education in high school, here is the second amendment to the Constitution of the United States:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
Now, by the wording of that amendment, the reason for people to have firearms is to protect themselves from aggression. Since a militia is defined as civilians trained as soldiers but not part of the regular army, this would pretty much cover just about anyone who isn't wearing a uniform. And since the 14th Amendment has stated that all people in this nation are to be regarded as equals (I know, saying it doesn't make it so, but that is another can of worms we can discuss later), then why would we need to pass extra laws to state teenage black males should have special consideration to keep and bear arms?
The first part of this Amendment is the part I'd like to focus on for a moment, if you will bear with me. Specifically the word "militia", and further the part about being trained. Obviously training would include the mechanics of the weapon, how to aim it, how to load it, how to clean it...etc. But since the definition included above says "civilians trained as soldiers", is this really the training we are discussing?
When I was in the military, and when I was a reserve and military police officer in the San Diego area, I received the training mentioned above for a variety of weapons. I learned to aim properly, care for and clean the weapons, and how to secure them when they are not in use. But I also learned the rights and responsibility of using a firearm.
You see, in order to have a firearm, it is not enough to simply know how to use it, but much more important to know WHEN to use it, and when not to. Simply thinking you might be threatened or being afraid is not enough. You need to justify the use of "deadly force" before you use it.
Deadly force is generally defined as physical force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury. In order for deadly force to be justified there must be an immediate, otherwise unavoidable threat of death or grave bodily harm to yourself or other innocents. Deadly force is that force which could reasonably be expected to cause death or grave bodily harm.
The use of force is generally illegal unless it fits within the strict requirements of one of the four legal justifications. They are: self-defense, defense of a third person, crime prevention, and law enforcement. Each of these areas has specific requirements that must be met to avoid criminal liability. You may only use the amount of force that is reasonable and necessary in the situation.. This is judged by what a reasonable person would have done under the circumstances. In a self-defense situation, it is only when the aggressor uses or attempts to use deadly force that you have the right to respond with deadly force.
Without getting into specifics, this would appear to mean that the individual holding the firearm in any given situation is burdened with a tremendous responsibility to be sure the situation warrants the use of deadly force. But this also begs the question: "Is it reasonable to assume that a person acting under duress in any of the situations mentioned above is capable of responsible, dispassionate action?".
Since we employ people to cover the areas of Crime Prevention and Law Enforcement, and there are already procedures to hold them accountable for their use of deadly force (i.e., laws, civilian review boards, internal affairs protocols, etc.), let's concentrate on the use of deadly force in the first two circumstances: Self Defense and Defense of a Third Person.
Self Defense has several legal definitions, depending on the state or country you live in, but I think we can reasonably agree in this discussion we are talking about defending ourselves from someone who is intent on doing us physical harm. One example I can think of is a man or woman who is concerned about a number of muggings and robberies occurring in an area who arms him or herself with a firearm to avoid being injured. If the person in question is attacked, and the attacks which have occurred prior to this instance have resulted in serious bodily injury or death, does that person then have the right to use deadly force?
You might think the answer is yes, but what if the criminal flees as soon as he sees the gun? Is the person being attacked still entitled to use that deadly force? Since the use of deadly force is for self defense, and since the threat of bodily harm no longer exists, would that shooting be justified?
I could go on and on with examples, and we could argue all sorts of variables, but I think the point to be made here is it takes responsible ownership of a firearm to fully comply with the intent of the law.
So back to the idea of arming 17 year old persons and sending them into the street under the protection of concealed carry laws. Personally, I think that is a horrendous idea, sort of like the mayor of Detroit several years back who wanted to arm young men and send them out in the streets. Or the mayor of the small town in Texas who made it mandatory for citizens to be armed. Firearms are not toys, and they should not be handed out indiscriminately. But the firearms themselves are not the problem.
Firearms are tools, mechanisms which in the right hands can provide food, stave off danger, and defend against violence. But it is ultimately the individual who is holding the firearm who is held accountable for their actions. To issue a license to an untrained, uneducated person is to invite chaos and murder. At 17, most of us have tempers which are fueled by knee jerk reactions to supposed insults, real or imagined. We often lack the emotional discipline to restrain ourselves, which is probably the greatest reason I can think of to restrict concealed carry laws to those individuals who have successfully passed a rights and responsibilities course.
By the way, this is the primary reason I am a member of the NRA. This organization is adamant in their belief that firearms should be available to persons who understand the responsibility of ownership and use.