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BLACKS, GUNS, AND HOMICIDE PDF Print E-mail
Written by Don B. Kates   
Thursday, 12 August 2010 16:18

Murder rates seem to have diminished across Europe from the period before guns existed (12th Century). The decline was particularly marked in Europe from the 18th Century on.

MURDER IN AMERICA: A HISTORY (Ohio State U. Press) by the Haverford College social scientist/historian Roger Lane emphasizes industrialization as a violence-reductive factor in the Western World: the Industrial Revolution required and produced disciplined, orderly work forces. Current American murder rates are driven by the very disproportionate murder rates among Afro-Americans. These disproportionate rates may be attributed to the virtual exclusion of Afro-Americans from major sectors of employment during the post-Civil War period which continued through the mid-20th Century. Rates of homicide by blacks are six to eight times higher than white murder rates in both the US and England.

It should be noted that some studies have suggested that rates of black homicide and other violence are no greater than those of similarly situated (i.e., economically deprived) whites. See, Brandon S. Centerwall, "Race, Socioeconomic Status and Domestic Homicide, Atlanta, 1971-72," 74 AM. J. PUB. HLTH. 813, 815 (1984) (reporting results of research and discussing prior studies). See also Darnell F. Hawkins, "Inequality, Culture, and Interpersonal Violence," 12 HEALTH AFFAIRS 80 (1993). For a discussion assailing racist theories of the prevalence of violence see Jerome A.Neapolitan, "Cross-National Variation in Homicide; Is Race A Factor?" 36 CRIMINOLOGY 139 (1998).

The only time I have treated this matter at any length was in a never-finished article written a few years ago. Though large parts of it have been published elsewhere, the portion on black homicide has not, nor have I revised it here. In fact it is not my own research, but rather relies almost exclusively on the seminal work of historian Roger Lane (see below).

He emphasizes industrialization as a violence-reductive factor in the Western World: the Industrial Revolution required and produced disciplined, orderly work forces. Current American murder rates are driven by the very disproportionate murder rates among some Afro-Americans. Thus John DiIulio argues that "America does not have a crime problem; inner city America has a crime problem." John J. DiIulio, "The Question of Black Crime," 117 THE PUBLIC INTEREST 3 (1994) also quoting 1969 National Commission on the Causes and Prevention of Violence to the same effect; id. at 5.

I have added emphasis to DiIulio's words to focus attention on the geographic limitation which refutes any notion that race per se is the factor underlying the Afro-American homicide rate. It is not Afro-American homicide per se that makes the American homicide rate so enormous, but rather "inner-city" homicide grossly distorts both American and Afro-American homicide rates. As we shall see, urban blacks actually have far less gun ownership than either whites in general or rural blacks. Yet the gun murder rate among young black urban males is 9.3 times higher than among the well-armed young black rural males. Lois A. Fingerhut, et al., "Firearm and Non-Firearm Homicide Among Persons 15 Through 19 Years of Age: Differences by Level of Urbanization, U.S. 1979-89," 267 Journal of the American Medical Ass'n. 3048, 3049, Table 1 (1992). Obviously, neither guns nor race can account for the fact of homicide being so much less among the well-armed rural Afro-American population than among their relatively poorly armed urban compeers. The obvious lesson is that, whatever their race, the small fraction of (highly aberrant) people who want to murder find guns regardless of how prevalent guns may be in their general community.

Historically, disproportionate black homicide rates may be attributed to the virtual exclusion of Afro-Americans from major sectors of employment during the post-Civil War period which continued through the mid-20th Century. Lane's seminal research has documented the role of racism in both promoting murder by Afro-Americans and excluding them from the violence-reductive effects of industrial employment: In the post- Civil War period though black murder rates were high, they were far lower than today ... and lower than those of their immigrant Irish competitors while Italian murder rates [when Italians began immigrating] soared well above those of blacks.

[A]fter the [Civil W]ar both unions and employers, all over the country, combined to drive [blacks out of high paying trades]... [F]actory work, all across the country was considered too good for black workers.

Black homicide is] another social-psychological [deprivation that] resulted from black exclusion from the regimenting effects of industrial and bureaucratic work.

These effects are shown in the relatively rapid decline in homicide rates among Irish and Italian immigrants, two other ethnic groups with high levels of preindustrial violence, as their integration into the industrial work force demanded unprecedented levels of sober, disciplined, orderly behavior, which carried over into their private lives.

[Later when they were] no longer shut out of the urban-industrial revolution, blacks were instead let in too late. During the 1940s and 1950s blacks in effect were piped aboard a sinking ship, welcomed into the urban industrial age just as that age was dying, with industrial cities losing population and jobs.

[In late 19th Century Philadelphia] blacks consistently outscored their competitors on written tests of all kinds... [] Even the white press generally agreed that black civil servants (and, a historian would add, blacks as a group) were overqualified for the [low level jobs to which they were confined] in this era, as a result of a general refusal to promote them to positions where they might have authority of any kind over white workers.

[Blacks were acutely aware of the need for education and struggled heroically to attain it. B]lack literacy in the city soared from roughly 20 percent to 80 percent over the final thirty years of the [19th C]entury ...

[Philadelphia blacks included doctors, lawyers and other p rofessionals -- graduates of Harvard, Yale and the University of Pennsylvania. But] that was no guarantee that they could make a living. As whites would not hire them and blacks could not afford them, licensed black physicians were found working as bellhops.... In the early 20th Century not one of Philadelphia' black attorneys could make a living through his law practice alone.

The lesson blacks learned from this was that for them education had no economic value. (NOTE: the quotes just given are taken from Lane's MURDER IN AMERICA, pp. 181-85, 298-300 and 327, as well as Roger Lane, "Black Philadelphia, Then and Now" 108 THE PUBLIC INTEREST 35, 42 (Fall, Summer, 1992) and Roger Lane, ROOTS OF VIOLENCE IN BLACK PHILADELPHIA: 1860-1900 (Cambridge, Harvard U.Press, 1986).

Last Updated ( Thursday, 12 August 2010 16:22 )
 
EUROPE REACTS TO VIOLENT CRIME PDF Print E-mail
Written by Don B. Kates   
Thursday, 12 August 2010 16:12

For decades anti-gun advocates tried to fool Americans into thinking that stringent European gun control had produced very low violent crime rates. In fact, any observant American traveler could see that this was false. More than a decade ago my visits to Europe spotlighted the visible signs of crime's impact on European society: "Passing a Venice jewelry store last week I saw a security guard standing outside with not just a holstered revolver but a submachine gun....In France, Italy and the Czech Republic cops never patrol singly. Patrols of only two officers are unusual while patrols of as many as four to six officers are routine....

"Every four or five blocks in major cities you will find a cambio,’ i.e., a money changing office. And all cambios, large and small alike, feature bullet proof enclosures in which the cashiers sit.

"Spanish, Italian and French banks are the same, only more so. One design I observed made it impossible to enter the bank except through two successive bullet-proof doors. To get in the outer door you must be buzzed in. At that point you face the second bullet-proof door. Before it can open, the outer door must close and lock. Even if the bank personnel wanted to admit a group of people, no more than two or three adults could crowd together inside the outer door. So there is no way for a gang to enter. Once inside you find the normal array of bank officers and other employees -- except for the tellers. The tellers are all ensconced in a separate bullet-proof enclosure."

Moreover robbers have no way to make the bank personnel let them out. The personnel literally cannot do it. The double door entrance-exits never open together. Remember, neither door can be buzzed open unless the other is closed. The robbers can force the bank personnel to open the inner door, but they cannot be buzzed through the outer door until the inner has closed behind them. At that point they have no way to force the personnel to open the outer door. They are trapped between the bullet-proof doors to wait there until the police arrive.

These precautions (the like of which I have never seen in America) prove the prevalence of violent crime in Europe. Since WWII crime has grown enormously, though unevenly, in nearly all developed nations. This persisted – perhaps even accelerated – despite increasingly severe gun bans, and anti-self defense laws and court decisions.

Decades of uncontrolled crime have led many in Europe to a political backlash which is chronicled in a paper law professor Renee Lerner delivered at a 2005 symposium I honchoed at George Mason UniversityLaw School. She writes: "England finds itself in the position of having one of highest crime rates in the industrialized world [twice the U.S. rate] – with especially astronomical burglary rates – combined with the strictest gun control regime. Under these circumstances England was ripe for a cause celebre, and it surely has one in the case of Tony Martin ... a farmer who fired his unlicensed shotgun at two would-be burglars, killing one and wounding the other. He was ultimately convicted of manslaughter, and the surviving burglar [financed by the government] is now suing Martin for civil damages."

Such things happen all too often in England. On March 23, 2004 a Scots newspaper article reported: "A man who stabbed to death an armed intruder at his home was jailed for eight years today. Carl Lindsay, 25, answered a knock at his door in Salford, Greater Manchester, to find four men armed with a gun. When the gang tried to rob him he grabbed a samurai sword and stabbed one of them, 37-year-old Stephen Swindells, four times. Mr Swindells, of Salford, was later found collapsed in an alley and died in hospital.

"Lindsay, of Walkden, was found guilty of manslaughter following a three-week trial at Manchester Crown Court. He was sentenced to eight years’ imprisonment." This was not as harsh as it might seem. It turns out that Lindsay was not an innocent victim, but rather was a drug dealer whom the intruders were trying to rip off. The surviving three robbers each got 14 years.

"After the case, Detective Chief Inspector Sam Haworth said: ‘Four men, including the victim, had set out purposefully to rob Carl Lindsay and this intent ultimately led to Stephen Swindells’ death. ‘I believe the sentences passed today reflect the severity of the circumstances.’"

Popular anger against the vast increase in violent crime over the past few decades was epitomized when a BBC radio program asked listeners to suggest new laws "to improve life in Britain." To the media’s (and politicians’) horror, voters from all over England championed a law (now called "Tony Martin’s law’) allowing people to use "any means to defend their home from intruders."

Labor Party (i.e., liberal) Prime Minister "Tony Blair said he would support changing the law to give people in their homes and shops more rights to protect themselves." But all the Blair government did was provide that injured burglars may not recover damages against householders who injured them unless the householder used "grossly disproportionate" force.

The opposition Conservative Party seeks to extend this to criminal prosecutions, meaning that a householder cannot be prosecuted unless he used "grossly disproportionate" force in resisting burglary.

Prof. Lerner notes that in Belgium "right-leaning parties have campaigned steadily for" adopting "Dutch (and German) law." In those nations’ a householder who kills a burglar may have no criminal penalty even if did he use more force than was strictly necessary. Acquittal may be based on showing that he was terrified by a situation of sudden peril. "According to [these] reformers ‘every right-thinking person understands that it is not easy for someone confronted by an immediate illegal attack to do a rational evaluation of what" force is or is not excessive. As the proposed law puts it: "‘One who exceeds the limits of legitimate defense is not punishable if the excess was the immediate consequence of a violent emotion caused by the attack.’" (Prof. Lerner’s translation.)

Note that this law is more liberal toward victim use of force than American law is. French, Dutch etc. law allows a victim to kill because of bare (i.e. unreasonable) fear or outrage at the crime. In the U.S. that would be called "vigilanteism" and would be pinishable as manslaughter.

Another proposed reform would have Belgium follow France, Germany, and Holland in allowing deadly force to be used to prevent not just attacks on the person but also violent theft. This proposal is fueled by public indignation over convictions of victims for killing criminals. In one "famous incident in September, 1999 a jeweler in Flanders fired on thieves who were running away and killed one. He was convicted of murder. Two other causes celebres also involved Belgian jewelers both of whom were victims of ram-raiding, the practice of using a truck or van to run through a shop window to steal goods. The jeweler Tybergiem, from Harelbeke, was found guilty of manslaughter. Although he was given no criminal sentence, he had to pay the costs of the proceedings and even damages and interest to the thief’s next of kin The jeweler Moortgat from Alost was acquitted in the [trial] court on the basis of self defense. Public indignation in the case stemmed from the prosecutor’s appeal from the judgment causing Moortgat and his family to live in ‘great uncertainty’ for a year until the appellate court pronounced acquittal."

 

As this is written new laws giving householders more self-defense rights are still being pushed in England and Belgium. Such a law was enacted in Italy and went into effect early in 2006.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Last Updated ( Thursday, 12 August 2010 16:18 )
 
MORE & BETTER GUNS = LESS CRIME; EUROPEAN HISTORY PDF Print E-mail
Written by Don B. Kates   
Tuesday, 10 August 2010 00:00

[The following is from an article that Carlyle Moody and I are writing on the theory that more guns in a society will cause more crime. This part of the article was written by Prof. Moody an economist at William & Mary College.]

If more guns cause murder, and more guns cause more murder, it would seem societies with no guns at all should be the safest possible states. There are few gun free societies in the world today. However, if we look back in history to the time before the invention of firearms, we can judge for ourselves whether those societies were tranquil and safe. Remarkably good homicide data is available for England, beginning in the 1200’s. Those data indicate a pre-gun homicide rate in England of roughly 20 per 100,000 [roughly four times greater than the U.S. today]

Last Updated ( Monday, 09 August 2010 10:51 )
 
MUSLIM OPPOSES GROUND ZERO MOSQUE PDF Print E-mail
Written by Don B. Kates   
Monday, 09 August 2010 10:55

OPED FROM THE WASHINGTON POST:

A Muslim victim of 9/11: 'Build your mosque somewhere else'
By Neda Bolourchi
The Washington Post

Sunday, August 8, 2010

I have no grave site to visit, no place to bring my mother her favorite yellow flowers, no spot where I can hold my weary heart close to her. All I have is Ground Zero.

On the morning of Tuesday, Sept. 11, 2001, I watched as terrorists slammed United Flight 175 into the South Tower of the World Trade Center, 18 minutes after their accomplices on another hijacked plane hit the North Tower. My mother was on the flight. I witnessed her murder on live television. I still cannot fully comprehend those images. In that moment, I died as well. I carry a hole in my heart that will never be filled.

Last Updated ( Monday, 09 August 2010 10:58 )
 
EUROPEAN GUN LAW & EXPERIENCE PDF Print E-mail
Written by Don B. Kates   
Monday, 02 August 2010 14:02

The following is from an article I published last year in the Cardozo De Novo Law Review.

A more reasonable approach than dreaming hazily of a gun-less society as anti-gun fantasists do, is to examine the actual phenomenon. Russia is an actual real world gun-less society. Handguns have been totally banned to civilians since1929; and unlike wealthy western nations where such bans are unenforceable, in a poor society like Russia with a police state government the ban was enforceable. As a result, gun murders among the general populace have always been rare in Russia. Yet as far back as records are available (the 1960s) the murder rate in gun-less Russian has always been higher than in gun-ridden America. As of the year 2000 it was almost four tines higher. (The suicide rate was also almost four tines higher.)  

Last Updated ( Monday, 02 August 2010 14:11 )
 
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