She probably has a point, but that would vary by locality. In Texas if
someone damages my $5 item the court doesn't care that it was worth $5, they
care that it was my item. I imagine it would matter if the damage was
intentional or accidental. Intentional is criminal, accidental is a civil
matter.
You can get lackadaisical police who don't want to press charges anywhere.
In that case in most cases one can swear out a warrant, sometimes for a
small fee. In Texas that's around $15. I once did that back in New York
when a housemate had become dangerous and the police didn't want to act. I
took him to court and got an order of protection and out went the housemate.
I think that often people just don't want to be bothered to go through the
process. Swearing out a warrant is the least of it; you also have to come
to court, often multiple times.
Yours,
Villandra Thorsdottir
Austin, Texas
----- Original Message -----
From: <lynrbai...@desupernet.net>
To: "Jean Nathan" <j...@nathan54.freeserve.co.uk>
Cc: <>
Sent: Sunday, February 13, 2011 4:26 PM
Subject: Re: [lace] What would you do?
As a criminal defense attorney, I can tell you that the 'crimes' we're
discussing are on the very border between criminal behavior and rudeness.
There is no crime anywhere of criminal rudeness, or criminal lack of
manners. When one approaches this line, in Carol's case, where no one is
really hurt, things aren't damaged very much, nothing is taken that can be
proved, the police are reticent in pressing charges unless the putative
defendant is a character well known to them. Once a possible reason for
the damage is pure accident, the likelihood of getting a conviction drops
through the basement, and the inevitable happens. A police officer is not
going to be convinced by broken threads. We would be, and clearly Carol's
emotional damage is deplorable, as she didn't even try to untangle for
months. Shouldn't happen, but it does. Sad. No deliverance from evil on
that day, no peace.
As for the destruction of the vases, I am not a British barrister, but an
American criminal defense attorney. In America, if the prosecution cannot
prove at least criminal recklessness, (which is a disregard for the
substantial likelihood that the damage will happen) beyond a reasonable
doubt, they won't win. Period. Here, the man tripped over his own
shoelaces. An accident, not a crime. As for a civil case, I'm not as
sure, as I don't practice civil law, but I think that they have to prove
the defendant breached a duty of care. Tripping over shoelaces probably
won't do it. Accidents do happen without fault.
Lyn in Lancaster, Pennsylvania, US, where the snow isn't melting fast
enough, but it is melting, and no more snow is predicted.
-----Original Message-----
From: Jean Nathan <j...@nathan54.freeserve.co.uk>
Sent: Feb 13, 2011 12:45 PM
To: Lace <lace@arachne.com>
Subject: [lace] What would you do?
Liz wrote about the man who broke the vases:
"The guy was charged with criminal damage but I can't find out if he was
prosecuted or convicted and hubby can't find out from the musuem's
grapevine."
Yorkshire Post 8th August 2006:
"Mr Flynn, of Fowlmere, Cambs, was arrested on suspicion of causing
criminal
damage in April. But in June police said he would not be charged with any
offence."
Jean in Poole, Dorset. UK
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