BTW, while a felony conviction will preclude enlistment in the US Military, the Military will take someone with up to 8 misdemeanor convictions. Most judges and prosecutors will reach a deal to reduce a felony to a misdemeanor for someone who meets the enlistment requirements and the military has agreed to take. If the guy is sincere, they'll give them the chance to enlist (at least for property crimes like B&Es, grand larcenies, but not for violent felonies) and generally reduce the charges (rarely will you see an outright dismissal).
The choice of jail or the Army still exists - you just don't hear about it as much.
Here is a twist.
Many communities dont provide night spots for kids, they end up cruising in the parking lot until the local City Hall gets fed up and writes a law banning the practice. Only to see these kids scatter into the country side or across the state line to continue thier unsupervised or non approved activity.
People are becoming more capable and independant earlier and earlier. One who might be 15 in 1950 basically had no resources at all but ALOT of social things going on and things to do. Today that 15 year old might have access to vehicles, communciations, firearms etc in a town that does not want him or anyone else around after 5 pm every day. The Internet makes it even more possible for groups of kids to discover an activity like Roller Skating or Bowling at a availible facility and then converge onto it from several counties radius. Little wonder then that over crowded facility needs extra police support etc.
There is a Bowling Alley here in Mamulle near the River that is a very family friendly, clean and safe for children and adults to go to on weeknights and weekends. I think for all the places Ive seen on a friday night it is very nice to have a place like that for a child to go to at night that is not hanging out behind some dumpster hoping the law does not come that-way.
Crimes are committed and they are serious and require adult punishment. before I get too deep into it let's just say that Community Service is not a deterrent and the entire system of Jailing people only generates oppertunity for the strong, danger for the weak and teaches ALL how to survive and when they do get out as a free person, they dont know how to live among us. And find themselves fearing the actual prospect of paying bills, utilities, going to work and maintaining transport and living a life. For some of these people they prefer to commit a crime and get set back to a nice familiar cell with three meals a day in a enviornment that has just as much rank, trade and priviledges as we enjoy outside.
At Taxpayer expense.
I can see some people challenging me to solve this dilemna. I see it very simply. Send the bad boy or girl to boot Camp. If they have that much desire and passion to do something like breaking things and hurting people perhaps Boot Camp in the United States Marines or any other service will guide, channel and instill a sense of self-worth, pride and actually make something of them. My solution of Compulsary military service for offenders will assist us as a Nation in so many ways and they wont be so hateful when they do get set free.
Then there's the other end of the spectrum where kids do stupid things and suffer almost no consequences. A few months ago, we had a 14 yr old steal a car. An officer spotted the car and a chase ensued. The chase lasted about 30 minutes, involved three different departments, the kid struck two other vehicles on the road, struck a patrol car that was blocking a side road, and ended when the kid ran into a ditch. After a short foot pursuit the kid was arrested for multiple charges. When he came before juvenile court, he plead guilty, was fined $100 plus court cost and given 100 hrs of community service. This was his third car theft conviction.
I do agree with Gabe that an adult felony conviction is overboard in this case. Courts are going to have to find something inbetween the max and min for juveniles, with some form of rehabilitation. Some kids you're just not going to save, just like some drug users go through rehab many times and never kick the habit. But a lot of these kids can be turned into something useful with some intervention.
Datafever wrote:If this incident had happened in California, those boys would be remanded to Youth Authority (CYA). I have known many, many people who went through CYA. There is only one thing that kids learn there - how to fight. Is it any wonder that most such kids up in occupying cells in the state's finest institution?
In Virginia, they'd end up in either the juvenile jail (and since I have visited such an insitution, it is a jail including having a razor wire fence around it) or worse, juvenile prison. They might even end up being tried as adults and sent to real prison. All of the institutions have justified reputations as being "criminal training schools." What is really alarming about Virginia is that so many of the kids sent to juvenile jail are sent for really petty things. Virginia law basically requires that any kid accused (not adjudicated) of a "violent felony" be sent to a juvenile detention facility - but a "violent felony" can be something as minor as sending an email threat to another kid during a fight (which would only be a misdemeanor if delivered in person or over the telephone! Where is the logic there?). Its also become way easy to try kids as adults - which could result in up to a life sentence with no parole for some kids.
What is amazing is that I know several people in school who did things while in high school which if they did it today, would lead to being sent to a juvenile detention home, but then only resulted in a one day suspension - and I graduated from high school in 1993! Its not like that was a long time ago - and even more amazingly, the violent crime rate declined over that period, yet despite the declining crime rate penalities continue to get worse and worse and more kids get treated as adults. Its like society is writing off people younger and younger and going back to the state that existed before the invention of juvenile courts which were designed for rehabilitation, not punishment. But today, the entire prison system makes almost no pretense towards rehabilitation.
You bring up a very valid point-consider the Glendale wreck and substitute a passenger train for a freight train. Even more troubling is the scenario of a hijacked truck and a passenger train. There certainly is enough material to feed a taint of perhaps reasonably founded paranoia.
From Wikipedia:
"Having slashed his wrists and stabbed himself repeatedly in the chest, he parked his car on the tracks to finish the attempt. However, Alvarez changed his mind and attempted to leave the railroad tracks. Because he was unable to dislodge his vehicle from the rain-soaked gravel and slick rails, he abandoned the vehicle moments before the crowded train approached. (There is some speculation that Alvarez may have inflicted the wounds on himself after the crash, based on some early reports by witnesses). Both this causation and the end result have many similarities to that of the Ufton Nervet rail crash in the United Kingdom, which occurred only three months previously, although in that case the driver of the car stayed in the vehicle and was killed.
Some early rumors of the incident being a terrorist attack have been dismissed, as no connections to any terrorist organization exist with the suspect."
Railroad Accident Report Collision of National Railroad Passenger Corporation (Amtrak) Train 59 With a Loaded Truck-Semitrailer Combination at a Highway/Rail Grade Crossing in Bourbonnais, Illinois March 15, 1999
NTSB Number RAR-02/01 NTIS Number PB2002-916301 PDF Document(1.5MB) Animation
Executive Summary: About 9:47 p.m. on March 15, 1999, National Railroad Passenger Corporation (Amtrak) train 59, with 207 passengers and 21 Amtrak or other railroad employees on board and operating on Illinois Central Railroad (IC) main line tracks, struck and destroyed the loaded trailer of a tractor-semitrailer combination that was traversing the McKnight Road grade crossing in Bourbonnais, Illinois. Both locomotives and 11 of the 14 cars in the Amtrak consist derailed. The derailed Amtrak cars struck 2 of 10 freight cars that were standing on an adjacent siding. The accident resulted in 11 deaths and 122 people being transported to local hospitals. Total Amtrak equipment damages were estimated at $14 million, and damages to track and associated structures were estimated to be about $295,000.
The National Transportation Safety Board determines that the probable cause of the collision between Amtrak train 59 and a truck tractor-semitrailer combination vehicle at the McKnight Road grade crossing in Bourbonnais, Illinois, was the truckdriver's inappropriate response to the grade crossing warning devices and his judgment, likely impaired by fatigue, that he could cross the tracks before the arrival of the train. Contributing to the accident was Melco Tranfer, Inc.'s failure to provide driver oversight sufficient to detect or prevent driver fatigue as a result of excessive driving or on-duty periods.
Nothing is more fairly distributed than common sense: no one thinks he needs more of it than he already has.
It seems like quite a few Americans have credited the terrorist with having western values towards their own life, which they don't.
We think in terms of stealing a train, causing an incident, then escaping with our lives.
They, on the other hand, wish to die while committing their crime, which they view not as crimes, but as fulfilling the words of Allah.
Dieing while doing this guarantees a place in heaven for themselves, and their family.
They will not steal a train and "drive" it someplace to blow it up...they are smart enough to realize the train can only go where the tracks do, unlike a truck or car, which can pretty much be driven to a place of your choice.
Keep in mind they understand if they take a train, it will be noticed, and they will not get very far with it, derailing a train is pretty easy, if you know what to do, and I suspect quite a few of them have had some experience in doing just that.
Betty to wait at a crossing and let the cargo come to you, instead of trying to steal it in the first place.
A old Datsun full of explosives parked near the tracks, say in a populated area will be much more effective that trying to steal a train.
Just a matter of timing, you don't even have to know which train to blow, just look for the tanks...all the info they need to pick the tank car to blow up is already readily available on the internet, just wait till the car gets close enough, run into it and blow yourself up, or make sure there is enough explosives on board to guarantee the tank car gets a few holes poked into it.
23 17 46 11
Anyone bent on destruction will not be deterred by laws.
In fact, they can be assured of food and shelter for the years it takes to try em should they survive the attempt.
Long ago, courts ruled by sundown and the sentence is immediate, public and rather swift. No so today.
gabe wrote: As dangerous as what they did was, I still think it was just one of those things that kids do, and I do not see true malice here--unlike the case of the rapists who will get 1/3 of the sentence as these two kids.I will spare you all the details about how bad we treat juvenile delinquents in our society, but if you really want to feel bad about things and know how the deck can be stacked against someone who never really had a chance at life, go visit a juvenile facility. We give juveniles less rights than full blown criminals, and we make no serious attempt to rehabilitate them.
As dangerous as what they did was, I still think it was just one of those things that kids do, and I do not see true malice here--unlike the case of the rapists who will get 1/3 of the sentence as these two kids.
I will spare you all the details about how bad we treat juvenile delinquents in our society, but if you really want to feel bad about things and know how the deck can be stacked against someone who never really had a chance at life, go visit a juvenile facility. We give juveniles less rights than full blown criminals, and we make no serious attempt to rehabilitate them.
Our system has the idea we are "really going to teach them a lesson." In my experience with kids, juvenile court, and juvenile "facilities", they are nothing short of "crime school."
If the kids weren't criminals going in, they surely will be coming out.
These kids weren't criminals. They did something stupid.
gabe wrote: OK, I will get on my soap box. As further evidenced by this article, the way we treat juveniles in this country is deplorable. This incident was regretable, but trying them as adult felons who used weapons of mass distruction? Give me a freaking break.There will be rapists who will get substantially less of a sentence as compared to these two kids. As dangerous as what they did was, I still think it was just one of those things that kids do, and I do not see true malice here--unlike the case of the rapists who will get 1/3 of the sentence as these two kids.I will spare you all the details about how bad we treat juvenile delinquents in our society, but if you really want to feel bad about things and know how the deck can be stacked against someone who never really had a chance at life, go visit a juvenile facility. We give juveniles less rights than full blown criminals, and we make no serious attempt to rehabilitate them. Let the first one of you who didn't do something stupid as a kid throw the first stone--and for those of you who say, but yes, I paid the price, chances are, you just weren't caught, and if you were, you certainly were not charged as adult felons because you had a parent who gave a darn.This really sadens me.Gabe
OK, I will get on my soap box. As further evidenced by this article, the way we treat juveniles in this country is deplorable. This incident was regretable, but trying them as adult felons who used weapons of mass distruction? Give me a freaking break.
There will be rapists who will get substantially less of a sentence as compared to these two kids. As dangerous as what they did was, I still think it was just one of those things that kids do, and I do not see true malice here--unlike the case of the rapists who will get 1/3 of the sentence as these two kids.
I will spare you all the details about how bad we treat juvenile delinquents in our society, but if you really want to feel bad about things and know how the deck can be stacked against someone who never really had a chance at life, go visit a juvenile facility. We give juveniles less rights than full blown criminals, and we make no serious attempt to rehabilitate them. Let the first one of you who didn't do something stupid as a kid throw the first stone--and for those of you who say, but yes, I paid the price, chances are, you just weren't caught, and if you were, you certainly were not charged as adult felons because you had a parent who gave a darn.
This really sadens me.
Gabe
Also, how many of us can put our hand on a bible and say without hesitation that, in our sixteen-year old mind that thought we could do it safely, we wouldn't take a joy ride in a locomotive. I probably would not have done it--I was a boring kid though--but, I sure couldn't swear to that.
The problem with preventing the scenario where the person puts explosives under the tank car at the rail siding is that that is the type of thing which is most likely to be done by some sort of "lone nut" with some sort of local grudge. Those are unfortunately the most difficult type of actions to prevent - while conspiracies are rightly considered more dangerous because they can do more sophicated attacks, they have a higher chance of detection because multiple people are involved (recall that the FBI was able to arrest one of the people involved with the 9/11 plot before hand). The best way to prevent a "lone nut" type attack is by restricting access to explosives - naturally, this can be difficult in that many explosives have accepted uses. Still, after the Oklahoma City bombing, the government has tried to warn fertilizer dealers to watch out for people who just don't seem right. I'm sure that sellers of dynamite do the same thing.
Maybe you could install some sort of visible camera system with a sign about monitoring near the sidings where tank cars are stored. Most of the time, those types of cameras aren't watched anyway, but it could provide a visible deterrent to such an attack. Not sure about the cost of that (it would also deter graffiti, as well).
wallyworld wrote: I agree that legislating a potential problem away would be a terrific solution in a perfect world. What is surprising to me is the interconnected and unintended magnification of a mundane but potentially gaping hole in awareness as our attention is drawn to airplanes as weapons versus rail vehicles by two foolish teenagers. This gap has been pointed out so often as to make this observation a cliche. These kids may have unintentionally triggered a trip wire that focuses attention on the possibility this "hole" may be less theoretical, and more possible to occur than many would like to recognize in a quasi-official manner. Another thought to ponder was that at one point serious consideration was made toward derailing the train. What if instead of a "harmless" consist, this train had a string of toxic chemicals in tow? Derailing it to stop it? Not a comforting consideration in light of a better option.
I agree that legislating a potential problem away would be a terrific solution in a perfect world. What is surprising to me is the interconnected and unintended magnification of a mundane but potentially gaping hole in awareness as our attention is drawn to airplanes as weapons versus rail vehicles by two foolish teenagers. This gap has been pointed out so often as to make this observation a cliche. These kids may have unintentionally triggered a trip wire that focuses attention on the possibility this "hole" may be less theoretical, and more possible to occur than many would like to recognize in a quasi-official manner. Another thought to ponder was that at one point serious consideration was made toward derailing the train. What if instead of a "harmless" consist, this train had a string of toxic chemicals in tow? Derailing it to stop it? Not a comforting consideration in light of a better option.
The problem though is that hastily enacted laws often are bad laws. Generally you end up with laws that are unnecessary - either because they cover something that someone would already do generally due to the possibility of legal liability if they don't do that step or because they prohibit too much and prevent activity that provides social benefit without providing a larger benefit. Here, the goal is to prevent terrorists from stealing a hazardous material train and detonating it within a city. The problem with legislation to solve this problem is that the threat of legal liability from a hazardous material accident already (or should) leads the railroads to take more precautions with those shipments because a hazardous material accident would likely result in a large legal judgement. Thus, any legislation is likely to be redundant from the incentives that already exist from the tort system - and will likely cost more than its attendant benefit.
In a purely efficient system, the railroads would take steps to prevent the hijacking of a hazardous material train - of course, we don't have a purely efficient system. However, we shouldn't rush to pass laws based on some kids stealing a locomotive. After all, the odds of terrorists hijacking a hazardous material truck and using it in a terrorist attack are much larger - to try to prevent a train attack without fixing the more likely scenario wouldn't create much security. In fact, making hazardous shipments by train more burdensome could actually increase the risk by leading to more hazardous shipments by truck. Thus, any legislation needs to address hazardous shipment security in general. They also need to keep in mind that hazardous material carriers and shippers already have a strong incentive to safety based on the fear of large tort liability in case of an accident. To just address rail security, but to ignore truck security would be a calamity.
Never too old to have a happy childhood!
I have heard the Chinese practice rail security by having a soldier every 50 yards 24/7 on all tracks. And there was so much secrecy with the old Soviet Railroads that there is little that comes out of there in the way of information.
A simple satellite tracking system similar to the Trucking Qualcomm system will work well with railroad engines. You can see the status of everything including if the ignition was on or off with the option to kill it remotely.
Leon Silverman wrote: MichaelSol wrote: Good grief. I am thinking that, for a 16 year old, this kid was a combination of smart, careful, adventurous -- and extraordinarily if unintentionally dangerous. The difference being "intent." Time Magazine did a cover story a couple of years ago on brain chemistry in adolescents, and how they are basically wired to do dumb stuff at that age; but most are not that smart. Sixteen years old, and he did everything right -- except the part about stealing a train. Kid's got some stong talents -- how do those talents get channeled in the right direction? Smart teenage kids do dumb things because their lack of life's experience frequently makes them unaware of the consequences of their acts. Their brains can absorb a lot of information quickly like a dry sponge because their minds have not become soggy or damp with experience.
MichaelSol wrote: Good grief. I am thinking that, for a 16 year old, this kid was a combination of smart, careful, adventurous -- and extraordinarily if unintentionally dangerous. The difference being "intent." Time Magazine did a cover story a couple of years ago on brain chemistry in adolescents, and how they are basically wired to do dumb stuff at that age; but most are not that smart. Sixteen years old, and he did everything right -- except the part about stealing a train. Kid's got some stong talents -- how do those talents get channeled in the right direction?
Good grief. I am thinking that, for a 16 year old, this kid was a combination of smart, careful, adventurous -- and extraordinarily if unintentionally dangerous. The difference being "intent." Time Magazine did a cover story a couple of years ago on brain chemistry in adolescents, and how they are basically wired to do dumb stuff at that age; but most are not that smart. Sixteen years old, and he did everything right -- except the part about stealing a train. Kid's got some stong talents -- how do those talents get channeled in the right direction?
Smart teenage kids do dumb things because their lack of life's experience frequently makes them unaware of the consequences of their acts. Their brains can absorb a lot of information quickly like a dry sponge because their minds have not become soggy or damp with experience.
Better railroad security....
There are some people who are convinced that nirvana is just around the corner, if only the right legislation can get passed...
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