Morning Links

Monday, September 22nd, 2008
  • The BBC somewhat surprisingly publishes the answer to the continuing tragedy of the commons that is the world’s fisheries: property rights!
  • Friend o’ the Agitator, former guest-blogger, and proprietor of the Crispy on the Outside food blog Baylen Linnekin will be guest-blogging at Overlawyered this week. Check him out.
  • Mississippi death row inmate and Hayne outrage Jeffrey Havard has exhausted his state appeals, and will now seek relief from the federal courts. I’ve written about Havard’s case here. Havard deserves a new trial. Executing him before he gets one would be a travesty.
  • Hip evangelicals get jiggy with it.
  • Virginian-Pilot columnist Kerry Dougherty seems to have changed her tune a bit since the last time she wrote about the Ryan Frederick case. When even the local law-and-order columnist starts to turn on the case, I think it means special prosecutor Paul Ebert has a problem on his hands.
  • Squalor!
  • Another case of puppycide, as a police officer in Mount Olive, North Carolina slaughters a vicious friendly yellow lab.
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  • 37 Responses to “Morning Links”

    1. #1 |  Edmund Dantes | 

      I don’t get it. If the dog was too far away to mace or pepper spray, how could it have been enough of a threat to justify shooting it?

    2. #2 |  Lee | 

      How is that property rights and not the state just imposing its will on the fisherman telling them what they can catch?

    3. #3 |  md 20/400 | 

      I saw the movie Tell No One this weekend. One scene is a police raid on the empty apartment of someone who has a dog. The cops have had the suspect under surveillance and are prepared for the dog. Among the first through the door is a dog handler. The dog is wrestled down and shot with a tranquilizer. I don’t know if this is a movie procedure or real. I was so expecting the dog to be killed that I ended up very moved by the humane treatment.

    4. #4 |  md 20/400 | 

      Oh, yeah. The movie is set in Paris.

    5. #5 |  Cappy | 

      North Carolina Puppycide: Wow, unbelievable. I used to work as an Animal Control Officer in North Carolina and now here’s the thing about North Carolina. The state does have Dangerous Dog and Vicious Dog laws, but also allows each jurisdiction to make up there own.

      But there’s also requirements for declaring Dangerous Dogs, Potentially Dangerous Dogs and Vicious Dogs.

      [quote]Dangerous Dog – § 67?4.1. Definitions and procedures.

      (a) As used in this Article, unless the context clearly requires otherwise and except as modified in subsection (b) of this section, the term:

      (1) “Dangerous dog” means

      a. A dog that:

      1. Without provocation has killed or inflicted severe injury on a person; or

      2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.

      b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

      (2) “Potentially dangerous dog” means a dog that the person or Board designated by the county or municipal authority responsible for animal control determines to have:

      a. Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or

      b. Killed or inflicted severe injury upon a domestic animal when not on the owner’s real property; or

      c. Approached a person when not on the owner’s property in a vicious or terrorizing manner in an apparent attitude of attack.[/quote]

      Now in Chapter 67-4.5, this allows a jurisdiction the ability to develop it’s own program for controlling dangerous dogs. Thing about it is though, these dogs still have to meet the requirements of being dangerous or potentially dangerous and they have to be declared.

      A cop just can’t willy-nilly run around stating the dog is dangerous or vicious and deal with it as he sees fit.

      Now if one goes to the Wayne County, NC website you’ve got this quote under the Animal Control section:
      “Officers are responsible for enforcing state and county laws as they pertain to animals and are responsible for investigating all animal-related complaints within Wayne County.”

      Mount Olive is within Wayne County.

      There’s also other things involved as well. Things such as exhausting all avenues in capturing the dog and shooting being the last resort.

      But here’s one other thing from the article: [quote]The neighbor who called the police was “really upset,” too, Ms. Mangum said.

      She was in her yard collecting sticks and pinecones when she mistook a playful lunge for one of aggression, she told her neighbor.[/quote]

      Calling the police was the first mistake. Expecting help was the second.

    6. #6 |  Cappy | 

      And I still can’t figure out how to do the quote/bold/italics thing on this board.

    7. #7 |  Edmund Dantes | 

      try

    8. #8 |  Edmund Dantes | 

      lol… sorry “<” and its reverse.

    9. #9 |  Edmund Dantes | 

      lol… sorry try the less than and greater than signs.

    10. #10 |  thomasblair | 

      Living in that kind of squalor is unimaginable. I can’t believe there aren’t ants, rodents, and insects all over the place.

      Anyone figure out what the hell is up with that bathroom?

    11. #11 |  Frank N Stein | 

      “He said, ‘It showed its teeth.’ He said, ‘We have a right to do this.'”

      There was a time in this country when that pig would be looking over his shoulder in fear of his life, for doing something like that.

    12. #12 |  Lee | 

      I’m guessing the cop has no idea what a dog’s submissive grin is.

    13. #13 |  Jefferson | 

      I have to imagine puppycide may trigger revenge someday. I’m not advocating it, I just think that those who set these policies should think of the unintended consequences.

      Most dog people I know consider their pets to be family members. One day a cop may shoot a dog that is not the pet of a suburban mayor or pot smoker, but the dog of a Marcellus Wallace-type. One who is angry and unstable enough to track down the cop and get medieval on his ass.

    14. #14 |  claude | 

      “Most dog people I know consider their pets to be family members. One day a cop may shoot a dog that is not the pet of a suburban mayor or pot smoker, but the dog of a Marcellus Wallace-type. One who is angry and unstable enough to track down the cop and get medieval on his ass.”

      I’m not so sure i would consider that a sign of instability. A sign of anger? Understandibly so. Instability? Nah.

    15. #15 |  Mikestermike | 

      I have seen a few places like that apartment. Mental illness, usually severe depression, is the culprit. I have a family member who suffers and that person’s place always tends to end up like that.

    16. #16 |  jet | 

      Am I just missing the joke on the “hip evangelicals” link? I wasn’t aware David Byrne was an “evangelical”… the video is pretty amusing, though and linkworthy regardless!

    17. #17 |  Bob | 

      From #13
      “Most dog people I know consider their pets to be family members. One day a cop may shoot a dog that is not the pet of a suburban mayor or pot smoker, but the dog of a Marcellus Wallace-type. One who is angry and unstable enough to track down the cop and get medieval on his ass.”

      That would merely serve as further justification that the police ‘need’ more advanced firepower in their eyes.

      Remember, when an innocent civilian is killed, that’s just too bad, a ramification of ‘policy’. But when a precious Police Officer is killed, the entire LEO community is up in arms over it.

    18. #18 |  Cynical In CA | 

      Mr. Sunshine here! Oc course my deepest sympathies go out to any family that has had their beloved pet torn from them by cruel and banal humans.

      I worked a veterinary conference this weekend and learned some interesting things. Did you know that workers in veterinary medicine tend to make less money than workers in human medicine? Why do you suppose?

      Human society barely values human life. Mr. Balko’s blog is chock full of “man’s inhumanity to man” stories. In fact, Radley has an infinite supply of these stories — he will NEVER run out.

      Unless and until humans start valuing each other’s lives, and I’m not holding my breath, the lives of animals will run an incomprehensibly distant second.

      Sorry doggies, your owners have no idea what to do to protect you. Maybe they’ll start giving it SERIOUS thought.

    19. #19 |  Andrew | 

      And I still can’t figure out how to do the quote/bold/italics thing on this board.

      without the trailing periods….

      bold
      italics

      quote

    20. #20 |  Andrew | 

      ugh…

      italics:
      bold:
      quote:

    21. #21 |  Andrew | 

      ok, nevermind, fail.

    22. #22 |  thomasblair | 

      For the bold/italics/quote tutorials:

      For bold: [b]your text here[/b]
      For italics: [i]your text here[/i]
      For quote: [blockquote]your text here[/blockquote]

      In every instance, replace [ with the "less than" symbol (shift-comma) and ] with the “greater than” symbol (shift-period).

    23. #23 |  Matt Moore | 

      I have seen a few places like that apartment. Mental illness, usually severe depression, is the culprit. I have a family member who suffers and that person’s place always tends to end up like that.

      I think you have a point, but which is the cause and which is the effect?

    24. #24 |  Steve Verdon | 

      That story about the dog getting shot makes me sick. That cop is…contemptible.

      I’m guessing the cop has no idea what a dog’s submissive grin is.

      Dogs can also become aggressive due to fear. Two men approaching a dog with the intent of killing it would likely induce fear. Humans are taller, so they appear very large to a dog. Staring at a dog is an aggressive form of behavior that most dogs will respond negatively to. All in all, a very poor and incompetent job by the cops. Nothing new really.

      I have to imagine puppycide may trigger revenge someday. I’m not advocating it, I just think that those who set these policies should think of the unintended consequences.

      I completely agree. I have two dogs, a pit bull and a rottweiler. I imagine if police entered my backyard without permission they’d shoot the rottweiler for defending its territory (which it is supposed to do by the way) then shoot the pit bull just because. The first action I can sort of see some justification (although the stupid fuck shouldn’t be in my backyard to begin with), but the second…the second ever happens and that cop had better spend the rest of his life looking over his shoulder, because the day he doesn’t I will be there. The reason is that my pit bull is completely and totally not human aggressive at all. She is animal aggressive (except for my rottweiler), but people she would never hurt a human. This is the case with most pit bulls. The ones you read about in the newspapers are often mistreated or mongrels mixed with other breeds to increase their size, size of the head, or just to make them mean and vicious to both animals and humans. The last thing one wants with a fighting dog is human aggression since handlers and the referee would be in danger around such a dog. And the American Pit Bull Terrier is one of the strongest dogs of its size in the world.

    25. #25 |  FWB | 

      Cops today are, please excuse my language but I don’t know what else to say, dick heads. I am the son of a man who was a cop in the 1950s. I grew up around cops and most were good folks. Today, there are no good cops. It is US vs THEM and the state backs them up even when they lie. I was involved in a court case where I taped a cop saying one thing. That same cop testified that he hadn’t said certain things. The tape was brought in, the cop recanted, and absolutely nothing happened to the cop. In my world, that cop would have been fired on the spot and prohibited from ever holding a job as a cop again. In one of his books, Judge Napolitano talks about cops lying under oath.

      These kinds of behaviors are why people are so against and so afraid of cops today.

      You cannot trust any cops today. They will “get” anyone they please. These are not honorable people.

      Cops are NOT there to help people. Cops are NOT your friend.

      The only person you can rely on is yourself.

    26. #26 |  Cappy | 

      Trying out this quote thing…again

      [blockquote]That same cop testified that he hadn’t said certain things. The tape was brought in, the cop recanted, and absolutely nothing happened to the cop.[/blockquote]

      Briscoe .v. LaHue

      More on the dog thing. Sure, some may consider dogs or cats to be members of the family, but more importantly, they are property.

      Truth be told, property rights far exceed and trump any civil rights you believe you may possess. You come on my property you do not have the freedom of speech, nor the right to carry a gun, nor the right to be free of me searching your person, property or papers. My property, my rules.

      On the flipside, if my dog gets loose and wanders into your yard you have every right to shoot, shovel and shut up or just throw his carcass in front of my driveway. I don’t have a complaint as my property trespassed on yours. Whole different story if you come on to my property and destroy my dog.

      As far as the cop goes, the dog appears to not have been posing a threat but the complainant didn’t request how she wanted the situation handled. Perhaps she’ll keep her yap shut next time and deal directly with her neighbors. Lesson learned? Unlikely as the sheep keep turning to the wolves for protection and service.

    27. #27 |  Cappy | 

      Try, try again, I’m a technological idiot

    28. #28 |  Cappy | 

      This is my learning thread.

    29. #29 |  Cappy | 

      Damn I’m smooth!

    30. #30 |  Nick T | 

      Matt Moore,

      The mental illness is the cause. People in general should realize that although we throw around the word “depressed” or “depression” a lot in colloquial settings to describe, say, our favorite sports team losing a big game, mental illnes is when the chemicals inside your brain are not clicking or firing properly, and “depression” (often as part of bi-polar disorder) is one type of mental illness.

      A person in good mental health might be messy, and a person suffering from clinical depression might feel even more depressed knowing their home is a mess, but severe squalor is almost always caused by severe mental illness.

    31. #31 |  Judi | 

      Jeff Havard WILL get his new trial as will others like Henry Moses and Devin Bennett when the STATE OF MISSISSIPPI puts their “BIG GIRL PANTIES ON” and steps up to the plate and admits they SCREWED UP big time by allowing Hayne to perform autopsies AND allowing him to PERJURE himself on the stand for YEARS.

      The lid is off of the proverbial ‘cookie jar’ with the state’s hand right smack dab in the bottom. Time to fess up boys and DO THE RIGHT THING and that is to RE-OPEN and RE-TRY every case HAYNE performed…nothing less is acceptable.

      Why keep putting off the INEVITABLE?

    32. #32 |  Jefferson | 

      Claude:

      You’re right. Instability was probably not the right word. Lacking in impulse control is probably more what I meant.

      Intellectually, I don’t think it’s right to take a human life for killing a dog. But when people are angry or upset, they can lose some measure of self-control.

      Imagine this scenario:

      Your dog, doing her job, barks when someone enters your backyard. You grab the pump shotty you use for home protection and burst out the back door. At that moment you see an officer pump his shotgun and aim at your beloved dog. Would you let him murder your dog?

      Could you resist pumping your own? Raising it? Firing on another human being?

      These dog-killing policies seem to create situations where people might end up shooting and even killing each other. In fact, I believe it will happen someday. And that’s what sucks most about the puppycide policies: no one (other than Radley, Cato and the victims) really seems to talk much about it. And no politician is likely to have the courage to do anything about it. So it will continue until one of the victims is not a canine.

    33. #33 |  Highway | 

      Jefferson,

      Then you’re in the same position that these people in SWAT invasions are in. You have a cop brandishing a deadly weapon on your property. If you shoot him, you go up the river (see Ryan Frederick or Corey Maye). But if he sees you with a gun, and shoots you, nothing at all will happen to him. “He was advancing on me with a loaded shotgun. I was afraid for my life, so I shot him.”

      And your right, no politician seems to have the guts to stand up and say “these police are WRONG. We need to stop this escalation of violence, and stop these instances of innocent citizens being injured or killed on their own property by the police. Immediately!” Mayor Calvo seems to have gotten that message, but it took the cops shooting *his* dogs and terrorizing him and his mother-in-law for hours.

      Why can’t some of these other “lawmakers” step up, read these stories, and stop this idiocy?

    34. #34 |  Edmund Dantes | 

      Because it means you have to stand up for “bad” guys. No politician is going to stand up for “bad” guys since their opponent will just run ads stating “Politician X voted to protect Pedophiles. Do you trust Poltician X to protect your little Suzie/Johnny from Pedophiles?” or “Politician X wants to make the Cops protecting you from gangs have to be nice or the criminals go free. Would you vote for Politician X that wants to coddle criminals and put little Suzie/Johnnie in harms way?” and idiots will vote against Politician X even though he was the one standing up for our constitutional rights.

      Appeals based on raw emotion are powerful weapons.
      Appeals based upon demonizing “others” are powerful weapons. Appeals based upon “won’t someone think of the children” are powerful weapons.

      Appeals based upon the fear of “others” and what they might do to the children are the equivalent of an Anti-matter Bomb the size of New York.

      Politicians keep running ads that do the trifecta because this country has yet to prove them wrong. Given a choice between the Constitution and “protecting US” the American voter has shown they’ll take protecting us everytime even though the protecting us thing usually makes us less safe.

    35. #35 |  PSYOP | 

      Another dog murdered! Lovely. What a bunch of sick bastards. Now you know why they have IQ caps on potential cops.

      Just the other day, I had to sit my younger niece down and explain to her that the police are NOT always her friends, and that it’s always best to try to work out problems that don’t involve violence or sex crimes with anyone other than the police, since they tend to make any situation much worse. That’s what strong families are for, and no more prescient a time for this lesson than before she enters the Hitler Youth…I mean DARE…

      The police don’t care who you are, as long as you’re not one of them. It takes a thoroughly sick individual to murder a damned Labrador Retriever, widely known as the friendliest dog on the face of the earth. I’d hate to be a police officer when America finally wakes up, if it ever does.

      Another thing, my good friend growing up, the one who used to do massive amounts of coke and rob people to get money, is now a on the sheriff’s SWAT team. The last time I talked to him, he told me about all the n****rs he had to deal with. God, I wish I would have had a tape recorder. I really, truly felt sorry for him. Yeahhh… THOSE are the kind of folks who police us. We’re in deep dog-doo! What would Andy Griffith think of all this? Thanks to Radley for keeping us up to date on these increasingly common transgressions.

    36. #36 |  Blagnet.net » Ownership key to saving fisheries | 

      [...] Radley Balko: “The BBC somewhat surprisingly publishes the answer to the continuing tragedy of the commons [...]

    37. #37 |  FWB | 

      Duh, they aren;’t the bad guys UNTIL they’ve been found guilty by a jury of their peers. What we have now is government sanctioned vigilante gangs, dressed in uniforms, killing their masters. Cops are NOT judge, jury an executioner.

      I keep thinking of running for office when I retire in a couple of years but I need more money. If and when I run for office, I will hire private dicks to build files on all the other elected folks and on me. That way I’ll have what I need to get things done.

      The cop in NC is a gutless murderer. God WILL deal with him.

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