The Criminal (In)justice System
What more has to be done to give victims of crimes some sense of security that their rights to preserve their lives and property have some sanctity in the minds and eyes of our criminal law enforcement specialists? Pharmacist Jerome Erslund was accosted by two gunmen in his place of business who were obviously not making a social call. He shot one of the robbers in the head and chased the other out the door. He then came back and got a second gun and pumped five bullets into the first offender while the latter was lying on the floor unconscious. Now the robbery victim is charged with murder in the second shooting and free on $100, 000.00 bond posted by an anonymous individual.
Why was it necessary for the District Attorney to charge Erslund in this particularly blatant situation where his life was totally at risk? I sometimes wonder if officials think before they take action. There has to be some understanding and common sense in the administration of the law and it was sorely missing in this lawyer's opinion when reviewing the entire ominous scenario facing the pharmacist. What guarantee did he have that the individual on the floor couldn't pull his gun, surprise Erslund, and finish the job he had started. From a psychological standpoint how could anyone not still have fear after coming so close to being blown away from the outset and having been robbed before?
And forgive me, but the grieving mother of the youngster, and I have no doubt, she is grieving as any mother would, and any child is always someone's baby, might be asking herself why "her baby" was carrying a gun and risking the life of a reputable businessman who no doubt, has babies of his own who would be deprived of a hardworking father or perhaps grandfather. How would his death have been explained to them?
It is always tragic to see a young life wasted in any way, shape and form. Who knows what influences played a part in the activities and lifestyle of this young almost-robber and murderer? Was it violent video games, peer pressure, parental neglect or abuse, mental challenges... does it matter? Whatever mitigating circumstances would have been presented in a court of law had this young person lived to stand trial and if he was only 14, would he have been tried as an adult? Would he be back on the streets years from now exercising phase two or three of a budding criminal career?
The balance in our criminal system needs readjustment, and there has to be a line drawn on how far the tenderness of age or the tragic background of a defendant can go in obviating the need, understandable desire, and the absolute right of our citizenry to protect themselves and each other from life-threatening force. The citizen-victim should be given the slack and the leeway. And as far as I am concerned, someone accosted or made vulnerable in their domain should have carte blanche.
And the ironic part is that Erslund cannot have weapons on his person in his drug store where he is now probably more vulnerable and subject to attack then he was that fateful night.
There has to be a better way!
Loading comments…
Want to reply to a comment? Hint: Click "Reply" at the bottom of the comment; after being approved your comment will appear directly underneath the comment you replied to
SPREAD THE WORD ABOUT FREEDOM MARCH -- Sat, Jun 27 -- 10am, in 11 State Capitols
Supporters of the wrongly convicted and those committed to criminal justice reform will march on state capitols on Saturday in Alabama, Arkansas, Arizona, Colorado, Florida, Idaho, Michigan, North Carolina, South Carolina, Texas.
www.freedo
FREEDOM MARCH 2009 -- On June 27, 2009, marchers are gathering to raise awareness of wrongful convictions, spotlight the need for criminal justice reform, and show support for a death penalty moratorium. Freedom March 2009 is an opportunity to raise united voices for justice.
Saturday, June 27, 2009 9:00 A.M. – 11 A.M.
Completely organized by grassroots volunteers -- www.freedo
NATIONAL MEDIA COORDINATORS:
Sherri Heath , Media Coordinator (405)308-6238 hotmail.co
William Newmiller (719) 651-9205 newmiller.
Freedom March 2009 -- Modern science and technology have shaken the once strong faith many once placed in the accuracy of judgments made by our criminal justice system. Thanks to DNA, hundreds have been exonerated—many after spending years on death row. Research by Seton Hall law professor D. Michael Risinger indicates that 3.3%-5% of those convicted of crimes are factually innocent. We support policy initiatives that:
1. Raise the accuracy rate in judgments of guilt and innocence.
2. Resolve credible post-conviction claims of innocence.
3. Remedy the tragic impact of wrongful convictions.
For those who are guilty of crimes, we support enlightened approaches to incarceration that nurture genuine rehabilitation and reintegration of productive citizens whenever possible.
Why can't we just ban the possession of weapons period?
Why was it necessary for the District Attorney to charge Erslund in this particularly blatant situation where his life was totally at risk? Yes it was. He shot the guy in the head. And while he no longer presented a danger, he shot him in the back 5 more times.
He could have simply called 911 while holding the gun on the prone and not moving victim. But he became a vigilante as soon as he fired those 5 more bullets. He is a criminal and should be treated as such.
How are you supposed to know the guy is unconscious, and not just playing 'possum. The guy intended to shoot you, but you shoot him first. Now, if he gets a chance, he will for sure shoot you. He is lying still, but if you approach, or even run past him, he might shoot you. What do you do? Risk your life and give him mercy, and possibly be killed, or just make sure you are safe, and shoot him a couple more times.
I vote for the safe approach.
No one made the robber come in and threaten the pharmacist.
Well, shooting a person in the head generally renders them unconscious. Calling the police and holding him at gunpoint would have been safe enough.
If the poster is right "He then came back and got a second gun and pumped five bullets into the first offender while the latter was lying on the floor unconsciou
The shooter is a criminal.
He had no gun, all you had to do was exit the premises and wait for the police.
The summary execution of African-Americans by their white overlords is a proud tradition in this country. Think of it as a Traditional American Value the Republicans like to speak of.
Mr Segan, do you have any idea how long it takes to fire even just 5 shots? There's no excuse for shooting someone with a head wound 5 additional times, especially if they are UNCONSCIOUS on the floor. Mr Erslund lost any aspect of his victimhood when he looked down at an unconscious human being, went and got a gun, and then returned and used it to end that human's life. This being an article about justice, what right did Erslund have to administer "frontier justice", or justice from the barrel of a gun? None. He had no right. Jerome Erslund had no right to end anyone's life, even if they tried to rob his store. Once the threat to his life and property ended, Mr Erslund had the same responsibility to act under the law that everyone else does.
Disgusting, that you could questions this situation and ask how a murderer was charged.
THE KID WAS EXECUTED! That sob had time to come back look at the kid, turn his back on him look for another gun, then shoot him 5 times! THE KID WAS EXECUTED! Unfortunately if this is tried in oklahoma, the clown will walk free.
As we Americans are incarcerating our fellow citizens at a greater rate per capita than any other nation on earth, it's hard to understand why the author feels there is insufficient attention paid un the US to victim's rights, which the author seems to feel includes the right to shoot a guy five times while he's lying unconscious, if not expiring, from the effect of the first bullet fired by the shooter, which hit the would-be perpetrator in the head.
You must be logged in to comment. Log in or connect with
