Auffie’s Random Thoughts

Friday, May 01, 2009

Excerpts from the Patriot Post, Vol. 09 No. 17, 1 May 2009

From the 'Court Jesters' File: Accidental Shooting Ruling

The Supreme Court also ruled this week on a case involving a robbery during which the perpetrator accidentally fired his gun. He claimed that the automatic 10-year sentence for firing a weapon during a crime was too harsh for something that was an accident. The Court disagreed. Mandatory minimum sentences are another can of worms, but we agree with Chief Justice John Roberts, who pointed out that if criminals wanted to avoid the penalty for firing the gun, even by accident, they should "lock or unload the firearm, handle it with care during the underlying violent or drug trafficking crime, leave the gun at home or -- best yet -- avoid committing the felony in the first place."

Funnier still is the dissent, written by Justice John Paul Stevens and joined by Stephen Breyer, which said, "Accidents happen, but they seldom give rise to criminal liability. Indeed, if they cause no harm, they seldom give rise to any liability. The court today nevertheless holds that petitioner is subject to a mandatory additional sentence -- a species of criminal liability -- for an accident that caused no harm." Call us crazy for pointing it out, but these are two of the justices who dissented from last year's Heller ruling, which affirmed the Second Amendment right to keep and bear arms. In other words, they are in the unusual position of defending a criminal who accidentally fired a weapon during a crime while maintaining that law-abiding citizens have no right to own a firearm.

The leftist judges have to go. But sadly, BHO will replace them with ones even more left leaning.

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