An "altercation?" Really? I thought an "altercation" was a "noisy argument or disagreement." When 80 shots are fired it's a hell of a lot more than an argument.
Davenport's police chief, the NAACP and Davenport Peace decried the violence.
Decrying violence and/or praying for peace isn't going to get the job done.
The city has asked for help from Gov. Kim Reynolds and Sens. Chuck Grassley and Joni Ernst. The city wants federal help and has asked the governor to send in Iowa Division of Criminal Investigation personnel to help with the forensics.
My mother used to say, "God helps those who help themselves."
Don't get me wrong. There is nothing wrong with getting forensic help from the Iowa DCI, the FBI or ATF. Careful gathering of evidence at a crime scene, and carefully analyzing evidence is always sound police practice. Getting help from experts is a good idea. But the prosecution of crime in Scott County is primarily a local issue. That means the job of prosecuting Scott County criminals is primarily the job of the local (Davenport) police, and the Scott County Attorney — and not the governor, the U.S. senators, the NAACP, social workers, BLM or President Joe Biden. And crime isn't a matter of black or white. When 80 shots are fired in a downtown parking ramp, it is a matter of miscreants wantonly endangering human life — including entirely innocent human life — and property.
The age-old purposes of having criminal laws are straight forward:
(1) Protect the public — the decent law-abiding families in the community.
(2) Punish the offender with penalties commensurate to the crime.
(3) Deter the defendant and others from committing like crimes.
(4) Place the criminal in the facility best suited to his rehabilitation, taking account of the nature and circumstances of his crime.
If you want a formula to stop this armed violence? Here it is:
(1) When there has been an arrest, set the bond at a level commensurate with the intentional, wanton or reckless harm — or threat of harm — to the public. Pre-trial release is generally a worthy goal, but it must be balanced against the need to protect the public — especially, if the evidence of guilt of a wanton, dangerous crime of violence is great. Strike the balance.
(2) If you are a prosecutor, prosecute. Think open plea or trial, rather than plea bargain — unless you get almost exactly what you want. A criminal who wantonly sprays the neighborhood with gun fire deserves to be hammered. Your primary job is to protect the public from such miscreants. The punishment must be such that it will guarantee the defendant will not again have the chance to repeat his crime in the near future. And it must be sufficiently severe to deter every other gang-banger in the city. They have to fear that if they commit a like crime and get caught, they will lose their freedom for a substantial period. Eschew any plea bargain that does not accomplish this end. And, very importantly, if trial is required, bring the case to trial within 60 days. The longer the case sits, the greater the chance of witnesses disappearing or being intimidated.
(3) If you are the judge, give the guy a fair trial, but remember that you can undo all the good work of the police and the prosecutor by imposing a sentence not commensurate with protecting the public, punishing the wanton act, and deterring the defendant and others. Where the criminal acts, like those in the present case, intentionally, wantonly and/or recklessly endanger the lives not only of the intended victim(s), but every other innocent man, woman and child within the range of the gun shots, make your record to show that in the case, on balance, protecting the public, punishing the criminal and deterring the defendant and others are substantially more important than worrying about the possible, and perhaps illusory, rehabilitation of the defendant. In cases of this sort, there are few good excuses for not bringing the case to trial within 60 days.
No continuance should be for more than two weeks.
This sort of crime won't be stopped by well-meaning social workers, or insane schemes to "defund the police." The choice is clear: make criminal activity too dangerous to engage in, or become the next Portland.
Copyright 2021, John Donald O'Shea
First Published in the Moline Dispatch and Rock Island Argus on July 8, 2021
Copyright 2021
John Donald O'Shea
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