On Crime

On March 25th, 2023,Jordan O'Brien-Tobin was arrested and charged after allegedly fatally stabbing 16-year-old Gabriel Magalhaes, who died in the hospital, in what police have described as an unprovoked attack while Magalhaes was sitting on a bench at Keele subway station at around 9 p.m.

Our cities and towns have habitual offenders and criminal psychopaths who are freely operating while law enforcement is stretched thin, and some public officials believe that law enforcement is a bigger issue than criminals, suggesting that criminals should not be punished as they are not bad, but rather sick, or perhaps not sick, but just poor. Let's consider some evidence.

Justice Harrison Arrell considered Randall McKenzie's Indigenous background when making a bail decision, as First Nations people are overrepresented in the prison system, despite acknowledging concerns about McKenzie's violent criminal record. McKenzie was released on bail six months before he murdered OPP Const. Greg Pierzchala in an ambush near Hagersville, Ont.

The Supreme Court of Canada has recognized that bail is a constitutional right in Canada, and has established that pre-trial release is the "cardinal rule," with detention being "the exception." This principle was established in the landmark case of R. v. Morales, where the court held that the presumption of innocence and the right to liberty are fundamental principles of justice that must be considered when deciding whether to grant bail. Unless you are an anti-vaxxer.

As for O'Brien-Tobin, According to Dr. Sandy Simpson, a forensic psychiatrist with the Centre for Addiction and Mental Health (CAMH) and the University of Toronto, a rise in violence on Toronto's transit system highlights the urgent need for better support for individuals struggling with homelessness, mental illness, and addiction. Drug addiction, particularly crystal meth and crack, is likely a factor in some cases and can be associated with violent acts. Lack of social support and poor access to mental health services are also big underlying problems that need to be addressed. Simpson believes that universal basic income (UBI) would make a dramatic difference to the struggles that desperate people get into, such as those who are sleeping on the TTC because they have nowhere else to go. Untreated mental illness, drug use, or both can confuse vulnerable people and make them perceive others as a threat. Simpson argues that UBI would help provide income support and access to affordable housing and mental health services, which would alleviate feelings of hopelessness and prevent violence.

"What I do I do because I like to do." Says Alex the rapist and murderer, in "A Clockwork Orange" .

Anthony Burgess's novel "A Clockwork Orange" famously portrays a society wracked by senseless "ultra-violence", despite the presence of material wealth and access to basic needs. The novel suggests that the root of the violence is not poverty but rather human nature itself.

Some have suggested that UBI can reduce crime rates by addressing economic inequality and providing individuals with the resources they need to meet their basic needs. The relationship between poverty and crime is more complex, and that other factors like personal factors, social support, community cohesion, and access to education and employment may also play a role beyond economics violent behaviour. UBI may have its own merits but it will not solve ,Jordan O'Brien-Tobin or Randall McKenzie.

Senator John Kennedy has a different prescription for a similar problem with violent crime in New Orleans:

Despite the fact that most poor people are not criminals, criminals often target low-income communities, causing existing businesses to leave and taking jobs with them, leading to increased unemployment and poverty. In these communities, the small businesses that remain, often mom and pop shops with small profit margins, are forced to pay more for insurance, security, and credit, which in turn leads to higher prices and deeper poverty.

In New Orleans, despite having around 900 police officers, the city has tried a variety of methods to combat crime, including paying higher salaries, better benefits, implementing curfews, task forces, social programs, after-school programs, crime cameras, facial recognition, conflict management, mentoring, youth clubs, job training, enhanced educational opportunities, prosecuting juveniles as adults, hot spot policing, 12-hour shifts, and hiring administrative personnel to reduce paperwork for officers, all without success.

we have tried it

we tried everything

but one thing: stop and frisk.

Others suggest Trauma-informed care, mental health treatment, and restorative justice programs as alternative approaches to addressing violent behavior. Poverty and economic deprivation may contribute to the development of psychopathic traits, but other factors such as childhood trauma, genetics, and neurological factors may also play a role. Indeed poverty may be a factor in some crime, but is likely not the prime factor in the crime that is terrorizing citizens across North America. One might argue that the evil shall always be among us regardless of its origin. The wisest move is to keep them out of society. Literally get them off of the streets, subways.

For some historical context, Solzhenitsyn argued that the Soviet system allowed crime to proceed apace after the regime took power out of a mix of indifference and a desire to demoralize the people.

Solzhenitsyn identifies two familiar phenomenon that promoted crime in the Soviet Union.

Criminalizing self-defense:

In The Gulag Archipelago, Solzhenitsyn describes Article 139 of the Soviet penal code as a tool used by the state to criminalize self-defense. According to Solzhenitsyn, Article 139 made it illegal for citizens to resist an attack by a thief or other criminal, even if the attack was life-threatening. This, he argues, effectively made it impossible for people to defend themselves and their property against criminals without breaking the law themselves. Solzhenitsyn sees Article 139 as a symbol of the Soviet state's oppression of its citizens and its willingness to sacrifice their safety and well-being in the name of maintaining control.

"In the Criminal Code...there was a most stupid Article 139 - "on the limits of necessary self-defense" according to which you had the right to unsheath your knife only after the criminal's knife was hovering over you. And you could only stab him after he had stabbed you."

Solzhenitsyn argues that the Soviet system criminalized self-defense, making it difficult for ordinary citizens to protect themselves against criminal attacks. He contends that this policy left citizens feeling powerless and vulnerable, which contributed to a sense of social disintegration and lawlessness.

Not punishing criminals:

Solzhenitsyn criticizes the Soviet justice system for its failure to punish criminals effectively. He argues that the system was corrupt and biased, and that it often targeted innocent people while allowing criminals to go free. He contends that this led to a breakdown in law and order and made citizens feel powerless and vulnerable.

Here in North America, the criminal justice system is too lenient on criminals. Ostensibly progressive policies such as no-arrest or catch and release policing, bail reform, decriminalization and a general relaxation of law and order, have led to an increase in crime. The so-called Ferguson effect. The battle cry: "defund the police" begets the reality: "de-police the streets".

As in the Soviet times, Elites in North America are indifferent to crime since they do not go to the same places as working-class people. The affluent elite are more likely to live in gated communities and frequent exclusive establishments. working-class people are more likely to use public transportation, and frequent public spaces. It is a tale of two cities. The best of times. The worst of times.

In politics, the elites prioritize virtue signalling over taking concrete action to address crime. The elites are more concerned with their own image than the safety of the broader population. Back in the real world, small acts of disorder create an environment that is conducive to larger crimes. The 99% of law-abiding workers and their families who use public transit are subject to domination by a tiny segment of our population who turn subway cars into Beds. Bath and Beyond (beds, bathrooms and masturbation parlours). Elites do not walk the streets, work late shifts, or take public transit, which means they are less likely to encounter criminal activity. This lack of exposure further contribute to their indifference to crime, as they do not experience the fear and trauma that many working-class people face. Thus, elites guard their virtue signals while the population remains undefended. Indeed I may be cancelled for arguing for action against criminals , since I am clearly ignoring the root causes of crime. Which begs the question, how long should we wait for these root causes to be solved. In the meantime should all of our shared public infrastructure, parks, transit and sidewalks be privatized by the depraved, destitute, desperate and destroyed?

Here are some suggestions to reverse course and fight crime:

Clear the subways, parks and streets: No sleeping, no disturbance, No exceptions.

Pursue charges related to parole violations: Breaking city bylaws should be considered breaking probation and result in custodial sentencing until trial.

Reform Bail: Keep the violent accused in custody until they can be tried.

Do not release criminals due to jail capacity issues: If the jails are full expand the jails. Build barracks in the bush. Get the criminals out of our cities and towns.

These suggestions will be considered illiberal. If we wait until this situation is really out of control, these suggestions will be implemented by the truly illiberal, leaving the progressive agenda to wallow in Academia.

The people are fed up and are tired of the sops and pablum of our wise and virtuous betters.

And Here We Are.

Notes:

The accused was charged with drug offenses and was also awaiting trial for assault with a weapon. He was denied bail and ordered to remain in custody until trial, unless he could prove why he should be released. The law generally allows for an accused to be granted bail, but pre-trial detention is permitted if it is necessary to protect the public or if there is a likelihood that the accused will commit another crime or interfere with justice. The accused requested a review of the detention order, which was granted, and he was released with certain conditions. The case went to the Supreme Court to determine whether the bail provisions of the Criminal Code violated certain rights in the Canadian Charter of Rights and Freedoms.

This is not an endorsement of Senator Kennedy or the Republican party.

This is not to argue for heartlessness and cruelty. Josh Morgan's plan for London, Ontario will seek to fill the gap for the desperate and homeless of London. It will do so by the provision of services. If this approach cleans up London, more power to it.

Sources

1. CBC News. “Alleged subway killer was on probation, had years-long history of charges: court documents.” CBC, March 28, 2023. https://www.cbc.ca/news/canada/toronto/subway-death-man-charged-1.6793796.

2. CBC News. “TTC increases outreach, expert calls for guaranteed income in response to transit violence” CBC, March 28, 2023.. https://www.cbc.ca/news/canada/toronto/ttc-violence-mental-health-1.6793377.

3. CP24. “Judge who released man later charged in cop’s death weighed Indigenous background.” CP24, February 11, 2023. https://www.cp24.com/news/judge-who-released-man-later-charged-in-cop-s-death-weighed-indigenous-background-1.6269832.

4. CBC News. “Convoy in support of Tamara Lich moves from Alberta to Ottawa.” CBC, February 22, 2022. https://www.cbc.ca/news/canada/ottawa/tamara-lich-bail-convoy-february-22-1.6359925.

5. Supreme Court of Canada. “R. v. Morales, [1992] 3 S.C.R. 711. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/941/index.do.

6. Solzhenitsyn, Aleksandr. The Gulag Archipelago. Harper & Row, 1974.

7. Burgess, Anthony. A Clockwork Orange. W. W. Norton & Company, 1986.

8. “JUST IN: John Kennedy Issues Epic Warning on Senate Floor.” n.d. Www.youtube.com. Accessed March 30, 2023. https://www.youtube.com/watch?v=28TytLhXgjE.

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