Front Exterior of California Coastal Home (Lived In Images/BUILT Images/Newscom)
His “crime”? Trimming shrubbery next to his home.
What would possess Adame to do such a thing? Adame told neighbors that the overgrown shrubbery, which is technically on public land, became a haven for homeless people who slept under it and littered the area. Thus, he engaged in self-help—clearly not a malicious act.
To be sure, citizens pay to maintain public property, so it’s appropriate to fine those who damage it. But charging someone with a felony under these circumstances?
The criminal law contains the harshest penalties that the state can impose upon citizens. Criminal sanctions should be reserved for those who do things that are morally blameworthy and that a reasonable person would recognize as a criminal act.
Adame’s conduct is not morally blameworthy, nor would a reasonable person in Adame’s position have realized that such a harmless act of beautification would subject him to criminal sanctions.
Sadly, it’s not unusual to see public-spirited citizens being threatened with criminal penalties. We wrote several months ago about Washington, D.C.’s “Phantom Planter,” who dared to make one of the city’s Metro stops more aesthetically pleasing. He, too, was threatened with fines and jail. Metro officials settled for destroying the flowers he had planted.
One of Adame’s neighbors, Glenn Goss, points out that Adame was, in effect, doing the city’s job: “Here’s somebody who’s going out of his way (to trim the trees). It’s not his job, it’s the city’s job. Then they do this ridiculous thing. It’s mind-boggling.”
Mind-boggling is right. Thankfully, officials eventually came to their senses, and the charges were dropped. But it’s important to emphasize that prosecuting people like Adame is not only a waste of taxpayers’ money—it’s an egregious misuse of the criminal law.
The felony charges never should have been brought in the first place. Let’s hope that other jurisdictions act with less haste and use more common sense.
Story Here: Man Charged
As an aside to the stupidity of overbearing government laws and regulations... People in Britain are afraid to shovel snow from public walks in front of their homes... and the are afraid of confronting a home invader for fear of being prosecuted for using excessive force..
After checking with my English friend, (yes real English, accent, denies we won the revolution etc) Scott ya gotta get your facts straight, It really doesn't snow in England. Sometimes it is a wet snow mixed with rain but it really doesn't stick. He told me once when he was a kid he saw 5" at one time but that is extremely rare. Maybe that's why it is against the law to shovel snow, there isn't any.
ReplyDeleteEngland enjoys a more moderate climate then we do in a lot of the US although it is much farther north. Has to do with being an island with prevailing south westerly winds which by the way is the northern terminus of the warm breezes of the gulf stream. Average winter temps are highs 44-46 lows of 34-36. really not going to get much snow in that range. Now I am not that familiar with the geography of England but the report I read listed about 8-10 cities. Climate seems to be pretty consistent throughout the country. I'll ask Andy he'll know he lived there for 50 years.
I know Rick that you love to take me to task... just because..... but your 'real' English speaking friend, apparently hasn't been living in the northern half of England or Scotland for the last few years. Just as the winter weather patterns in the US are getting colder, they are here as well. While it is true that the gulf stream generally moderates the weather on this island, it does periodically get cold and it does indeed snow. Not New York, lake effects type of snows mind you but it does snow and has given occasion on each of the past 5 winters to clear sidewalks or see them turn into trecherous icy obstacles... Put me in touch with your 'real' english friend and I will most certainly tell them that they are full of crap.
DeleteBy the way... in a country that has betting shops where you can wager on anything, one of the more popular and universal bets is for snow in London on Christmas....
As a matter of fact he is from Manchester which is in northwestern England. Hey friend it is an eye witness account. he grew up there. he didn't say it never snowed it just doesn't snow much, melts right away or as he would say it melts straight away. Last January London got a little snow but it is very rare. Like any other country it snows in the mountains but very little in the lowlands.
DeleteI never said that it stayed on the ground all winter but it does stay on the ground long enough to turn into an obstetrical for pedestrians and once trampled into uneven ice that is treacherous to walk on.. It doesn't matter if the snow stays on the ground for 3 days or three weeks... the snow becomes an obstical.... and if you would bother to check it out rather than argue, you would know that this is a particular liability issue in this country. I live about 25 miles away from Manchester and my f..kin eyes are perfectly fine... If they never had snow worthy of removal, stores would not sell snow shovels or rock salt.... Quit calling me a GodDamn Liar!
DeleteManchester News last Janruary
http://www.manchestereveningnews.co.uk/incoming/five-inches-of-snow-to-hit-manchester-1215043
http://news.bbc.co.uk/cbbcnews/hi/newsid_8440000/newsid_8440700/8440745.stm
http://www.theguardian.com/news/blog/2010/jan/05/weather-transport
http://www.thesun.co.uk/sol/homepage/features/4109151/Cold-snap-grounds-planes-at-Heathrow-as-six-inches-of-snow-is-forecast.html
The problem in Britain, particularly on roads is that it doesn't snow often enough to warrant major investment in snow clearing equipment making travel a nightmare when it does...... You need to get out more and stop talking exclusively to those liberal friends of yours.... they have many delusions... one of them is a superiority complex with tendencies to self importance.
Wait until they find out he didn't have a f___in label on his hedge trimmer.
ReplyDeleteAh yes......Only in a Progressive State such as the land of fruits and nuts can something such as this take place.
ReplyDeleteControl control,control.
Oh I bet his trimmer had several labels attached. And you know why? Some tea party guy probably decided to touch the blade while it was running to see if it was sharp. Now it has to have a label warning you that the blades are sharp. I say tea party because common sense will tell you that the blades are sharp. Tea party seems to be lacking in that trait.
ReplyDeleteIts not hard to see a liberal rant when they have absolutely nothing to say....
DeleteCommon sense will tell us that the labels are a liberal manifestation because of the way a room full of liberals will gasp when someone mentioning the words "tort reform"
WHY AMERICA NEEDS TORT REFORM
The following instructions actually appear on product labels on your store's shelves...
On Sears hair dryer:
Do not use while sleeping.
On a bag of Fritos:
You could be a winner! No purchase necessary. Details inside.
On a bar of Dial soap:
Directions: Use like regular soap.
Some Swann frozen dinners:
Serving suggestion: Defrost.
On a hotel-provided shower cap in a box:
Fits one head.
Tesco's Tirimisu Dessert, on the bottom of the box
"Do not turn upside-down."
Marks & Spencer's Bread Pudding
"Product will be hot, after heating."
Rowenta Steam Iron
"Do not iron clothes on body."
Boots Children's Cough Medicine
"Do not drive car or operate machinery."
Nytol, a sleep aid
"Warning: may cause drowsiness."
A Korean Kitchen Knife
"Warning: keep out of children."
Chinese-Made Christmas Lights
"For indoor or outdoor use only."
Japanese Food Processor
"Not to be used for the other use."
Sainsbury Peanuts
"Warning: contains nuts."
American Airlines, Nut Packet
"Instructions: open packet, eat nuts."
Swedish Chainsaw
"Do not attempt to stop chain with your hands."
Sunmaid Raisins
"Why not try tossing over your favorite breakfast cereal?"
Step ladder
Delete"Do not use top rung, you could fall off."
When has anyone been prostituted for using excessive force? Sounds interesting though, maybe we should try that over here.
ReplyDeleteThe Munir and Toker Hussain case comes to mind. Although some of the circumstances of the Tony Martin case are iffy, the fact that he was burgled 10 times before didn't help with his situation. Omari Roberts...
DeleteThese cases and the arrests and lengthy trial ordeals of many others finally got 'some' attention in Parliament but they still refuse to remove the words 'reasonable force' from the law. It is ambiguous and impossible to define when someone is the victim of a home invasion and reacts to a situation in, what might be scene in hind sight as being irrational or excessive.
Over here, prosecution and prostitution are entirely separate activities old chap.
DeleteCute..... :-).... and corrected
DeleteAbout five years ago I witnessed the bums sleeping in the La Jolla bushes.
ReplyDeleteIf they tried that trick at the Joisey Shore they'd be swimmin' wid da fishes.
I'm sure minimum sentencing laws that used to be all the rage had nothing to do with this outcome
ReplyDeleteI am sure that phantom planting and serial hedge trimming were both discussed as part of the get tough on crime laws... common sense wasn't though.... you can't prosecute someone that isn't arrested...
Delete"I am sure that phantom planting and serial hedge trimming were both discussed as part of the get tough on crime laws."
DeleteI'm pretty sure they weren't. Nor, for that matter, were a host of other things that were small potatoes that have nonetheless gotten people locked up for life. In a general way, TS, I get your point. This is stupid, government is involved, therefore all of government is stupid. In the name of getting tough on crime, we have incarcerated a lot of people because we have taken away the ability of judges to use common sense.
"This is stupid, government is involved, therefore all of government is stupid."
DeleteCome on Max... I know you like to throw up a general smoke screen like that but you know that I don't believe that government has no function... I is just that the government likes to stick its oar in when their is no reason for it.... and that happens A LOT. Of late their appears to be only two things the government is doing well
1) The NSA has the best surveillance and intelligence in the world (thats what they try to sell anyway) and is the only part of government that listens
2) The US appears to be out competing China in only one area... Incarceration!