11/12/2006

Legal right to arm oneself in jail?

This is a pretty weird judicial decision, but it also points out that EVEN INSIDE A JAIL you can not depend upon the police to always be present to protect you.

In a death penalty case involving the fatal stabbing of one prison inmate by another, Judge Pamela North instructed the jury that a person may arm himself "in reasonable anticipation of an attack."

After hearing that, the jury acquitted Robert McFarlin of first-degree murder in the 2004 death of Damon Bowie, who was stabbed five times on the sidelines of a basketball game at the Maryland House of Correction in Jessup.

McFarlin claimed he armed himself with a knife because he believed there was a "hit" out on him. The jury convicted him of the lesser crime of second-degree murder, which doesn't carry the death penalty.

We try to tread lightly in criticizing judges, who are vastly more knowledgeable about the law than we can ever be. But this is flat-out illogical. So now, no matter what prison rules say, it can be OK for jailed felons to carry weapons? . . .

0 Comments:

Post a Comment

Links to this post:

Create a Link

<< Home