How is this justice? How is this right? A crime victim faces a more serious penalty than the criminal

My good friend — OK, OK, I’ve never actually met him, but still — Robert Stacy McCain noted my “Hold my beer” remark concerning Philadelphia’s higher murder rate than Chicago’s. One of Mr McCain’s internal links was to a Fox News story, Philadelphia police keep getting shot at while responding to shootings.

    Philadelphia police are facing difficulties — from uncooperative victims to suspects shooting at officers — as the city deals with another weekend of violence.

    Officers have found it difficult to provide assistance in recent weeks when responding to incidents across the city. The city surpassed 300 homicides for the year as of Friday, highlighting the strain the Philadelphia Police Department under to handle the high level of crime in its city.

    An unknown suspect started shooting in the direction of police as officers loaded a 19-year-old with a gunshot wound in his chest into a police car a few weeks ago, setting off a difficult July.

    Three teens shot at officers responding to reports of a shooting Sunday night. The officers did not return fire, but the teens were injured: An 18-year-old was shot once in the leg, a 17-year-old was shot once in the wrist and a 16-year-old was shot in the buttocks, FOX 29 reported.

    All three victims were taken to a nearby hospital for treatment.

One would think that perps shooting at Philadelphia Police officers would be a big story, right? It is, I suppose, always possible that The Philadelphia Inquirer, to which I subscribe and whose website I check every day, did report that story, a story of criminal suspects shooting at the Philadelphia Police, but if the newspaper did, I missed it. Site searches for “shooting at police“, “shot at police” and “fired at responding officers” did not return any stories. Since this occurred last night, I suppose that it’s possible that the Inquirer will have something on it later today.

But it was an internal link to the Fox News story that really caught my attemtion:

    Carjacking victim in Wisconsin who shot suspect, 13, charged with recklessly endangering safety

    Kenosha police say a 13-year-old attempted to carjack a vehicle but the owner opened fire

    by Danielle Wallace | July 19, 2021

    Wisconsin authorities said Sunday that a 13-year-old female carjacking suspect, as well as a driver who shot at the girl attempting to make a getaway, will both face criminal charges.

    The shooting happened around 5:30 p.m. Friday, after Kenosha Police say a person left a vehicle running and unattended at a gas station at 50th Street and Sheridan Road. A female juvenile allegedly stole the car and was driving away when the owner fired shots at the car, striking the girl, police said.

    The girl, who has not been named by authorities, was transported to Children’s Hospital. She remained hospitalized as of Sunday, the Kenosha Police Department said in an update shared on Twitter, also announcing the 13-year-old will have charges referred to juvenile court.

    The adult who shot her remained in custody as of Sunday on a single charge of first degree recklessly endangering safety. Police did not disclose whether that individual was male or female.[1]As noted in our Stylebook, The First Street Journal does not use the silly formulation “he or she.” In English, properly understood, the masculine subsumes the feminine. This means that, in cases … Continue reading

Given that he was not charged with illegal possession of a firearm, a crime the police just love to levy, I assume here that he had his weapon legally.

So, a 13-year-old juvenile delinquent committed a crime, and will be put into the juvenile justice system, where I’m pretty sure that her wrist will hurt from a very severe slap! At 13, she is too young, under state law, to be tried as an adult. Regardless of how severe that wrist slap is, as a juvenile her record will be sealed, and she’ll have no criminal record following her as an adult.

Meanwhile, the victim of her crime is being charged under §941.30(1), “First-degree recklessly endangering safety. Whoever recklessly endangers another’s safety under circumstances which show utter disregard for human life is guilty of a Class F felony.” A Class F felony in Wisconsin is punishable by a fine of up to $25,000, a state prison sentence of up to 12 years, or both.

In other words, the crime victim faces a far more serious punishment than the criminal!

The Kenosha Police referring the charge does not mean that the prosecutor will not drop the charges, but he’s already spent at least two days locked up; he is already being punished for being a crime victim. Unless the prosecution drops the charges immediately, he’ll wind up having to pay an attorney.

How is this justice? How is this right? This victim was defending his property and himself, yet he’s the one facing the more serious penalty! He could wind up with a felony record, something which would follow him for the rest of his life, a possibly impoverishing fine — the story does not tell us the economic status of the victim — and up to a dozen years in the state penitentiary, when he ought to get a medal for taking a criminal off the streets, albeit temporarily.

References

References
1 As noted in our Stylebook, The First Street Journal does not use the silly formulation “he or she.” In English, properly understood, the masculine subsumes the feminine. This means that, in cases in which the sex of the person to whom a pronoun refers is unknown, the masculine is properly used, and does not indicate that that person is male, nor is it biased in favor of such an assumption. The feminine pronouns, on the other hand, do specify that the person to whom they refer is female, and not male. The victim is referred to, properly, by the masculine pronouns in this article, and this does not imply that the victim is male.