Show #88: Plaxico Burress deserves jail time

[1911 Junkie]

It is much easier to ask forgiveness than to beg permission.

[tombogan03884]

Are you trying to suggest that laws requiring a permit for concealed carry are unjustified and should be ignored? Or are you simply using a large font and something that sounds like a zen koan to give the illusion of meaning?

Yes, and if I served on a jury where an otherwise law abiding citizen was charged with carrying without a license I would vote Not Guilty.

[Rastus]

Are you trying to suggest that laws requiring a permit for concealed carry are unjustified and should be ignored? Or are you simply using a large font and something that sounds like a zen koan to give the illusion of meaning?

 

I am suggesting nothing.  I am saying that illegal laws can can only be used to bully the sheep if the sheep allow it.  Choosing to follow an illegal statute or not is a matter of personal choice.  One can choose to ignore the law but bullies, being what they are, will take you to task for it.  A system is only fair if the people who are running the system see to it that the system is fair.

Fairness, an idea whose time has apparently come and gone.  We have ridiculous laws on top of laws now...whenever there is outrage politicians pontificate and pass another law to cover the other law(s) that were not enforced in the first place.  The only laws consistently enforced...those that collect revenue from the little guy who has something to lose.

[seeker_two]

 

I am suggesting nothing.  I am saying that illegal laws can can only be used to bully the sheep if the sheep allow it. 

As anyone who has worked with livestock knows.....a fence only works until the stock figure out that it can be pushed over....

[PoorSoulInJersey]

I don't think he deserves jail time for carrying the gun without a permit (though he did commit a felony in the PRNJ).

I think he deserves some penalty (maybe a fine enough that actually HURTS someone that rich) for discharging a firearm in a crowded public place when there was no threat against him. THAT is the kind of irresponsible thing that I think every gun owner tries to prevent him/herself from doing.

[Sponsor]

[Solus]

Let me again remind folks of Jury Nullification and give a couple of link that might be of interest.


Early in our history, judges often informed jurors of their nullification right.  For example, our first Chief Justice, John Jay, told jurors: "You have a right to take upon yourselves to judge [both the facts and law]."  In 1805, one of the charges against Justice Samuel Chase in his impeachment trial was that he wrongly prevented an attorney from arguing to a jury that the law should not be followed.

http://www.law.umkc.edu/faculty/projects/ftrials/zenger/nullification.html

http://www.fija.org/

[CDR]

He reached down to grab his Glock as it was slipping down into his sweatpants and while trying to catch the gun from going down further into his pants, set off the trigger.....    The risk he exposed himself to and others in the vicinity cannot be ignored or dismissed.  Further, he could be prosecuted by the State of New Jersey as he only possessed a Florida carry permit.  As there is no reciprocity with Florida or non-resident permits allowed in either New York or New Jersey, he should consider himself lucky that New Jersey has left him alone so far.

Personally, I think a VERY heavy monetary fine, commensurate with his income, and 1,000 hours or so of Community Service would be a fair trade off for jail time, especially since NYC carries a 3 1/2 year mandatory jail sentence for possession of a handgun without a carry license.  He would do more good to the community in that regard then just sitting in a cell IMHO.  In reality this "mandatory" NYC sentence is often times not applied and deals are struck between legal parties.  Mandatory is negotiable these days, however, given the high profile of this case and Bloomberg's previous comments, hypocritical as they may be, to prosecute to the fullest extent of the law, the fine and community service could work and is more than fair IMHO.

Don't get me wrong, I abhor the ridiculous gun laws we have in place in New York and New Jersey and agree they are unconstitutional. However, I believe we have to abide by the laws established and feel equally strongly that a society without laws cannot exist.  So we do our best to fight as best we can, but people like Plaxico Burress have to learn that they are not above the laws established within the United States, irrespective of who they are, how much they earn and how well they can run a slant pattern..

[Trevor]

The news is Plaxico Burress has entered a guilty plea and agreed to a two-year prison term for the incident with the Glock and the sweat pants.  Mr. Burress is now a political prisoner of the State of New York.