The story is simple enough.
A career thief stole $60 worth of flowers from a Chinatown grocery store. When he came back to steal more the shopkeeper and assistants held him until the police could be called.
Store owner David Chen and two others were then charged with forcible confinement and assault.
Canada's laws on citizen's arrests state that you can only detain someone caught committing a crime.
The prosecution is supposed to teach the lesson that vigilante conduct is unacceptable -- it actually does the reverse and encourages lawless violence.
So what will shopkeepers learn from this prosecution? Well, imagine the shopkeeper had merely beaten the thief and let him go.
Would the shopkeeper have been charged? Probably not -- the thief would have been unlikely to go to the police -- in fact, it was only because the shopkeeper called the police that the matter became public.
Lesson -- don't bring the police into a situation you can deal with yourself. Or, private violence makes sense -- keep the law out.
Is this a good lesson? No -- but that's what the prosecution shows.
How to fix it? First, take property crime more seriously. Chinatown shopkeepers have long complained the police ignore shoplifting. Second, use some prosecutorial discretion -- don't prosecute guys like Chen -- it just brings the administration of justice into disrepute.
3 comments:
"Unreported" crime continues to increase. What does that say ...?
Michael St.Paul's
MM:
A fine post, Mr Morton.
Does your site have a RSS feed or something by which I can be notified of future posts?
Thank you.
Clair Culliford
clairculliford@theambler.net
In the bargain between police and the public we citizens have been forced to give up rights to self-defence and to defend our property in return for assurance that the police will do it for you. Unfortunately the police and the courts have breached their duty by focusing on things other than protection. It's sad that this particular cliche is so true:
When seconds count the police are only minutes away
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