To the horror of some canoeists out for a Sunday float down the the Snake River, a woman threw herself to her death off the Perinne Bridge over Hell's Canyon in Twin Falls, Idaho. The distraught canoeists paddled to the body and brought it ashore, where a sheriff's deputy was waiting -- to ticket the canoeists for failure to carry life jackets.Twin Falls County Sheriff Wayne Tousley is backing up his deputy. Just because citizens help the authorities, says the county's top mountie, that doesn't mean they should be cut any slack on a violation.
Well, actually, yes, in some cases, it does. The law is not about hard-headed literalism: it's about justice. It's true that Idaho's waters are quite cold, even during the summer months, and hypothermia can set in quickly; canoeing without life jackets is therefore a dangerous business. However, the police are not absolutely required to ticket every single last violation; they do have discretion to issue warnings instead of citations.
And when a group of citizens on the river who have just witnessed a horrific suicide take the time to perform a corporal work of mercy by bringing the body ashore -- thereby incidentally saving the Sheriff's marine patrol an unpleasant task, and the taxpayers a few extra bucks -- that is a time when the use of such discretion is called for.
Going to have to dissent on this.
ReplyDeleteGive 'em the max.
Absolutely. They deserve no less than the chair.
ReplyDelete-_-
Honestly, I have such a high opinion of Canadia (being Australian, the only thing we don't like about you is your too-American accent) but this thing, this thing is madness.
Ummmmm...Robert, you may rest assured that this need have no effect on your high opinion of Canadia. Twin Falls, Idaho is several hundred miles south of the Canadian border, so all the players in this drama probably have too-American accents.
ReplyDeleteSimply Awful:
ReplyDeleteIf you want to let the good sherrif know what you think, go to www.twinfallscoso.com/page.php?p=contactus
Simply Awful:
ReplyDeleteIf you want to let the good sherrif know what you think, go to www.twinfallscoso.com/page.php?p=contactus
I guess they don't acknowledge the Good Samaritan Act in Idaho?
ReplyDeleteNope, still no reason not to give 'em the max.
ReplyDeleteIt would be one thing if to rescue the lady / body they removed their life jackets (if she had sunk for instance).
Can we get violations for not wearing seatbelts ignored (well, yes if you are a rich Democrat from New Jeresy) because, "distraught" at seeing Old Miss Smith's cat, Flossie, fall from a tree, one John Doughboy leaped from his car to cradle the expiring moggie before an approaching truck smushed it into the tarmac which would have caused animal control all kinds of expense and unpleasantness.
Robert:
ReplyDeleteAnita doesn't have an American accent, she speaks with a clipped Oxford.
I have a very high-opinion of the Auckland and the North Island (being English, the only thing I don't like about you is your too dinky-di Aussie accent), but this, this is Sparta!!!!!!
Luckily, most sheriffs, D.A.s, and local judges have to face the electorate. So, I'm guessing these charges get dismissed to avoid a political firestorm.
ReplyDeleteBTW: have you noticed.
ReplyDeleteA Yank, a Pom / Limey,a Canuck and an Aussie...
"If I ruled the world..."
Re: your update
ReplyDeleteTold ya so.
Jay, it's actually extraordinary in a state where I once had to defend a guy on a charge of domestic battery by cheese puffs.
ReplyDeleteBut the prosecutor did the right thing, and for that I applaud him.
(And he's not the one who moved on the cheese puff case.)
Haha yes, Idaho has yet to be annexed by the friendly North. Fortunately I don't speak with an identifiably Australian accent (it's virtually unintelligible to speakers of "other Englishes").
ReplyDeleteI still don't get it at all. No legal defence.Not a single legal defence mentioned, just expediency and aw shucks.
ReplyDeleteTwin Falls County Prosecuting Attorney Grant Loebs says the men were trying to help out (so what????) and that a warning was appropriate for the case.
It is irrelevant. The two are not connected in any way shape or form.
We can all construct any fact pattern we want:
John X, a pickpocket by trade, in full knowledge that his trade is unlawful, procures a wallet from Dave x outside the local bus station. He is spotted by off-duty police officer Y. As off-duty police officer Y moves to arrest, both John X and police officer Y notice a small child standing frozen in a bus-lane as a large and red bears down on her. Police officer Y is too far way to react. John X however acts and scoops the child to saftey just before the bus turned her into chips and salsa.
Did John X commit a felony by abstracting the wallet from Dave X?
Does the subsequent act make the antecedent NOT an felony?
This should go to mitigation, perhaps, after giving them the ticket.
I trust in the next 12 months no emergency rescue person will suffer death or injury in the course of rescue or recovery of person or persons who decided on their own authority that the law just wasn't for them.
Years ago, I had regular conversations with a very young liberal. One day, he quoted the old line "we live in a rule of laws, not a rule of men." He was a bit flummoxed when I told him that was the problem. Too monolithic. We need a lot of leeway, for both justice and mercy to operate.
ReplyDeleteDomestic battery by cheese puffs? Sort of sums up our whole culture, in a strange sort of way.
Simon-Peter, your argument would have some force if we were in fact talking about a felony-level offense. As it is, we are talking about an infraction (as far as I can tell, as I can't find it in the state code; it's probably a county ordinance) that is not even punishable by a stint of local jail.
ReplyDeleteIt is perfectly legit to refrain from prosecuting someone for a minor offense when this best serves the interests of justice. In the circumstances, a warning would have been an entirely appropriate remedy.
A:
ReplyDeleteI am trying to make an argument ;-).
My conscience is shocked! ;-)