On Sep 6, 2005, at 1:23 PM, Scott Moore wrote:
There is already a law that protects victims of graffiti.
(Minn.Stat. ยง617.90)<http://www.revisor.leg.state.mn.us/stats/
617/90.html>
The army of lawyers were sought to bring suit against those
damaging property with graffiti. Up to three times the cost of
removal and an amount not exceeding $1000 from the parent or
guardian of the person who placed the graffiti on another person's
property.
By taking legal action and winning damages in court against the
individual placing graffiti or their parent/guardian, the illegal
behavior will be diminished. The person who's property had been
damaged will be compensated.
It is essential that the enforcement moves out of the criminal
court (high burden of proof) and into the civil courts (lower
standard of proof). A City attorney representing the City can not
represent a private citizen. BUT, a private counsel attorney who
represents the city CAN also represent a private citizen. This
private counsel attorney will have access to the police and police
files.
An officer can give testimony in civil court. Something to the
effect of "This graffiti in the photo is the signature style of a
tagger/gang member/juvenile/whoever known as 'X'." The judge awards
damages. The juvenile's parents have to pay to get the markings
removed and have to pay damages.
That is different than having to catch the person red handed.
Did I answer your question Mr. Mons?
Yep. And I suspect I know why you've not been successful. First of
all, you're not asking attorneys to "defend the victims" but to
civilly prosecute the taggers. The property owners will be the
plaintiffs and the taggers will be the defendants. (It may seem like
semantical nonsense, but that's what it truly is ... and you're
asking the private bar to undertake a function which they normally
associate with the criminal side of the court system.
Second, I suspect that most attorneys will view this as trying to
obtain monetary judgments (which are relatively small when capped at
$1000) from civil defendants who likely have little means to pay any
judgments. So, an attorney who needs income isn't going to see this
as a revenue-producing field of litigation.
Maybe you've already tried this, but I'd suggest you talk to the
Hennepin County Bar Association and/or to some firms who would be
willing to undertake this as a pro bono project. Maybe you'll have
some success.
Rick Mons
Shoreview - Tanglewood Area
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