British gun control at work

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How did we get from

quote:
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Police fear serial hammer killer stalks London
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to museums

Someone must be trying to change the subject.

:D
 
juggler and Cool Hand Luke 22:36

I have tried to get back on subject when I posted:
Nothing you have said so far has detracted from the FACT that all of your gun control laws have merely sent criminals, such as the subject of this thread, to use other means to perpetrate their crimes while disarming noone but the law-abiding. Are you for cricket bat control? Hammer control? Lord knows you already have knife control. What is next in your superb "free" society?
But the response continues to be "Nuh uh! You're wrong and I'm right!"
lol, i love the way some people here refuse to accept their mistakes, and when presented with a direct parallel (which Alcatraz is to the links you posted), rubbish it (while simultaneously ignoring their own mistakes) and then retreat into "well you dont have RKBA anyway!!!!!"

at least have the decency to admit you are wrong before trying to start that whole debate off. By the way, have you ever been to any of those museums?
So if it helps to get this thread back on topic I submit the following for the edification of agricola:

I'm wrong, you're right; and the assemblage will make that determination for their own edification regardless of what either of us have posted.

Now, about this guy with the hammer; and whether the firearms laws in Britain have caused criminals to shift their choice of weapons to perpetrate their crimes because of them; and whether those laws have actually caused a decrease in crime, criminality, and the murder rate ...
 
Now, about this guy with the hammer; and whether the firearms laws in Britain have caused criminals to shift their choice of weapons to perpetrate their crimes because of them; and whether those laws have actually caused a decrease in crime, criminality, and the murder rate ...
I say that the laws have merely shifted the focus of the weapons used, and have had no effect on the crime rate. Firearms are still finding their way into Britain and those who lack firearms are merely shifting their use of weapons to whatever is on hand.

Hell, here in the e-e-e-e-e-e-vil country of America we had a guy beaten to death with a toilet seat! We could, of course, prevent that ever happening again by requiring the destruction of all toilet seats and making everyone sit on the porcelain instead. That would, however, cause more injuries when people's a--es become stuck to the toilet in freezing weather. Again, one evil is merely replaced by another.

AND, NO, I AM NOT TRYING TO SHIFT THE THREAD TO THE TOPIC OF TOILET SEATS!

Although Magnolia does have a lovely line of toilet seats in decorator colors and natural woods
:evil::neener:
 
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jimpeel,

Thanks for having the honesty to admit your mistakes.

Now, with regards to this case there is little likelyhood that CCW would have prevented this - from the material in the public domain, the victim in this instance had been drinking (apparently rather heavily), the killer was probably laying in wait and would have been able to determine victims at will, and (from the lack of witnesses at the time of the offence) there was no chance of a passerby with CCW intervening because there were no passers-by.

Given the previous attacks, which are being linked (but for which there is no proof that they are) it would seem that the attack was sudden and without warning, reducing the chances for defence. All that is in addition to the state of affairs that says if the victim had CCW there is nothing to then say the suspect would not have had access to firearms.

Secondly, when you say:

Now, about this guy with the hammer; and whether the firearms laws in Britain have caused criminals to shift their choice of weapons to perpetrate their crimes because of them; and whether those laws have actually caused a decrease in crime, criminality, and the murder rate ...

I say that the laws have merely shuifted the focus of the weapons used, and have had no effect on the crime rate.

that is something I half agree with. As I have posted many times, Colin Greenwood stated that there has been no effect - positive or negative - from the various gun bans (Greenwood bemoaned the bans from the standpoint of effective use of Police time, and the way the media / what would be "liberal" groups in your vocabulary demonized guns in the wake of Hungerford and Dunblane). That stands in direct opposition to the message that has been prevalent on this board, and that which Lott, Nemorov and Malcolm (and ilk) have been spewing - that the gun bans have seen crime rise in the UK. Thats something thats palpably false, and indeed its doubtful that anyone at the time saw a ban as going to effect the general crime rate one way or another.

However, as always there is something that I feel is incorrect, in this case there is little evidence to show that criminals have switched weapons - you would actually need a fall in armed crime around the ban to make such a point stick, and/or admit that the ban had been a success in disarming criminals (which I would hazard a guess is not what you intended).

To extend your point about there being no effect, this case has nothing at all to do with gun bans, its about someone with a hammer attacking another human being.
 
agricola

Now, with regards to this case there is little likelyhood that CCW would have prevented this - from the material in the public domain, the victim in this instance had been drinking (apparently rather heavily), the killer was probably laying in wait and would have been able to determine victims at will, and (from the lack of witnesses at the time of the offence) there was no chance of a passerby with CCW intervening because there were no passers-by.
I never broached the subject of CCW nor whether the victim would have been able to mount a defense if so enabled. My contention from the outset has been that a shift in choice of weapons is the natural progression of gun control. By your argument, if all firearms of all types were magically wished from the Earth those who were disposed to their use would not substitute another weapon in their stead. The firearms laws have had no effect on crime; and, in fact, the crime rate has gone up even in the face of these measures in spite of whatever good intentions were envisioned by the authors.

Given the previous attacks, which are being linked (but for which there is no proof that they are) it would seem that the attack was sudden and without warning, reducing the chances for defence. All that is in addition to the state of affairs that says if the victim had CCW there is nothing to then say the suspect would not have had access to firearms.
Again, I have not broached the subject of CCW nor any mounted defense by the victim.

Secondly, when you say:


quote:
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Now, about this guy with the hammer; and whether the firearms laws in Britain have caused criminals to shift their choice of weapons to perpetrate their crimes because of them; and whether those laws have actually caused a decrease in crime, criminality, and the murder rate ...
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quote:
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I say that the laws have merely shuifted the focus of the weapons used, and have had no effect on the crime rate.
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Which proves that I have been on topic and you have started to segue and meander.


that is something I half agree with. As I have posted many times, Colin Greenwood stated that there has been no effect - positive or negative - from the various gun bans (Greenwood bemoaned the bans from the standpoint of effective use of Police time, and the way the media / what would be "liberal" groups in your vocabulary demonized guns in the wake of Hungerford and Dunblane). That stands in direct opposition to the message that has been prevalent on this board, and that which Lott, Nemorov and Malcolm (and ilk) have been spewing - that the gun bans have seen crime rise in the UK. Thats something thats palpably false, and indeed its doubtful that anyone at the time saw a ban as going to effect the general crime rate one way or another.
Come on, now, agricola. "... its doubtful that anyone at the time saw a ban as going to effect the general crime rate one way or another."???? This was going to be the panacea. This was gooing to reduce crime and prevent Dunblane redux. There is no argument that the intention and the debate in the Parliament was the anti-crime benefit of the ban.

However, as always there is something that I feel is incorrect, in this case there is little evidence to show that criminals have switched weapons - you would actually need a fall in armed crime around the ban to make such a point stick, and/or admit that the ban had been a success in disarming criminals (which I would hazard a guess is not what you intended).
What you would need would be a statistical spread sheet on the number of crimes and the weapons used in those crimes. Without same, your contention is specious.

You state "... you would actually need a fall in armed crime around the ban to make such a point stick" but if the number of firearms in circulation went down but armed crime stayed the same of increased, the only conclusion one could come to is that there had been a shift in the type os weapons used or that the only firearms in circulation that had been confiscated were from those with no predisposition to use them in an aberrant manner.

To extend your point about there being no effect, this case has nothing at all to do with gun bans, its about someone with a hammer attacking another human being.
Then why didn't he use a firearm? Do you believe he would use a firearm if he could get one?
 
jimpeel,

the reason why I harped on about museums was not to distract the thread, but because you had made a comment that was demonstrably false, and it needed to be exposed, just like the following.

The CCW points was aimed more at coolhand and his ilk than you, although it is also relevant for you (unless your only point was "look how bad the UK is") and relevant to this debate. As for the claims of the gun ban to reduce crime, I'll ask you to find anyone responsible for the legislation who claimed that it would reduce crime generally.

Also, the person who needs to prove his claims is you, who at the end of the day is arguing that the gun bans caused criminals to switch from firearms to other weapons (ie: that the gun bans worked). Is that what you are arguing?
 
agricola

the reason why I harped on about museums was not to distract the thread, but because you had made a comment that was demonstrably false, and it needed to be exposed, just like the following.
I actually proved my point. I conceded for no other reason but to get the thread back on topic and you still won't let it go. GET BACK ON TOPIC AND STAY THERE, PLEASE. Geesh!!
The CCW points was aimed more at coolhand and his ilk than you, although it is also relevant for you (unless your only point was "look how bad the UK is") and relevant to this debate. As for the claims of the gun ban to reduce crime, I'll ask you to find anyone responsible for the legislation who claimed that it would reduce crime generally.
Where can I access the transcripts of the debates? I know where to get ours here in the United States but haven't the foggiest on where to get yours. What was the number of the legislation?
Also, the person who needs to prove his claims is you, who at the end of the day is arguing that the gun bans caused criminals to switch from firearms to other weapons (ie: that the gun bans worked). Is that what you are arguing?
Yep, that is exactly what I am arguing. Why don't you point me to a source that belies what I have said. I am stating that it is logical that criminals would take up other weapons in the absence of firearms. You state that they would not do so; and that would mean that the streets are safer as the thugs are no longer arming themselves.

Crime in general is up in your country and I cannot believe that all of the violent crimes are being committed using only hands and feet.

My original contention in the thread header as threadparent was this:
This simply shows the fact that those disposed to aberrant behavior will move to other means to perpetrate their crimes. This guy is no different; but the powers-that-be can't see it.
Prove me wrong!
 
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From the Telegraph

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2002/02/24/nguns24.xml

Gun crime trebles as weapons and drugs flood British cities
By David Bamber, Home Affairs Correspondent
(Filed: 24/02/2002)


GUN crime has almost trebled in London during the past year and is soaring in other British cities, according to Home Office figures obtained by The Telegraph.

Police chiefs fear that Britain is witnessing the kind of cocaine-fuelled violence that burst upon American cities in the 1980s. Cocaine, particularly from Jamaica, now floods into Britain, while the availability of weapons - many of them from eastern Europe - is also increasing.

Detectives in London say that the illegal importation of guns started after the end of the Bosnia conflict and that they are changing hands for as little as £200. During the 10 months to January 31, there were 939 crimes involving firearms in the Metropolitan Police area compared with 322 in the 10 months to the end of January, 2001 - an almost three-fold increase.

In Merseyside there were 57 shootings during the 12 months to last December compared with 15 in the same period the year before. Greater Manchester also recorded a 23 per cent increase in gun crime and there have been rises in Nottinghamshire, Avon and Somerset, West Yorkshire and the Northumbria Police area which covers Newcastle.

Gun crimes during the first 10 months of the annual period have trebled in most of the urban areas which have so far submitted statistics to the Home Office. Sir John Stevens, the Metropolitan Police Commissioner, said gun gangs were spreading across the country whereas, until recently, they were confined to a handful of London boroughs.

Sir John said: "We have to stem the large number of guns coming in. We know you can buy a gun in London for £200 to £300, and that's frightening. The price of hiring or buying a gun has come down because there are more guns circulating. We are having success; we are taking out about 600 guns a year."

The new gun crime figures also show that handgun crime has soared past levels last seen before the Dunblane massacre of 1996 and the ban on the weapons that followed. The ban on ownership of handguns was introduced in 1997, the year after Thomas Hamilton, an amateur shooting enthusiast, shot dead 16 schoolchildren, their teacher and himself in Dunblane, Perthshire.

It was hoped that the measure would reduce the number of handguns available to criminals. According to internal Home Office statistics, however, handgun crime is now at its highest since 1993.
 
From the Telegraph
http://www.telegraph.co.uk/news/mai...M5WAVCBQWJVC?xml=/news/2001/07/17/nhand17.xml

Gun crime rises despite Dunblane pistol ban
By Philip Johnston, Home Affairs Editor
(Filed: 17/07/2001)


HANDGUN crime increased by 40 per cent in the two years after the ban imposed because of the Dunblane massacre, according to a new study.

The report from the Centre for Defence Studies at King's College, London, found no link between the legal possession of guns and their use by criminals.

Its findings appeared to support the position taken by pistol shooters when their sport was banned in 1997 in response to the murder of 16 Dunblane schoolchildren and their teacher by Thomas Hamilton.

More than 160,000 handguns were surrendered to the police. But in the two years after the ban the number of crimes in which a handgun was reported to have been used increased from 2,648 to 3,685 - up 40 per cent. Their use was at its highest level since 1993.

The study, commissioned by the Countryside Alliance, said: "The long-term impact that the 1997 legislation is likely to have on the use of handguns in crime cannot be judged with any accuracy at this time.

"But the short-term impact strongly suggests that there is no direct link between the unlawful use of handguns and their lawful ownership."

David Bredin of the Countryside Alliance's Campaign for Shooting, said: "It is crystal clear from the research that the existing gun laws do not lead to crime reduction and a safer place.

"Policy-makers have targeted the legitimate sporting and farming communities with ever-tighter laws but the research clearly demonstrates that it is illegal guns that are the real threat to public safety."

At the time of the ban, gun owners maintained that criminals did not use legally-registered weapons and had no difficulty finding guns on the black market. Mr Bredin said the Government should review the administration of privately-owned firearms.

"Compared to many other countries, Britain does not yet have a serious gun crime problem, though action is needed before we do. However, it is clear that legally-held firearms do not form a significant part of the problem."

The report found that of the 20 police areas with the fewest legally-held firearms, half had an above-average level of gun crime. Of the 20 police areas with the highest levels of legally-held guns, only two had armed crime above the average.

Gill Marshall-Andrews, of the Gun Control Network, said: "We must not forget that almost all illegal guns start out legal so it's not easy to draw a neat line between the two as the shooters would like.

"If we want to hold gun crime down in this country the last thing we should do is relax our gun laws."
 
Oh, and that part about knife control I brought up ...

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/08/15/nknife15.xml

Criminals 'to face mandatory jail' for carrying a knife
By Rajeev Syal and Patrick Hennessy
(Filed: 15/08/2004)

Criminals caught carrying knives will be automatically jailed for at least two years, under plans being drawn up by the Home Office.

New legislation, to be announced this autumn, will order judges to give the minimum sentence to anyone carrying a knife with intent to use it in a criminal act.

The move follows the introduction of the Criminal Justice Act in January, which imposed a mandatory five-year sentence for possession of a prohibited firearm.

Proposals for similar legislation against knives follows a rise in the number of recent stabbings.

David Blunkett, the Home Secretary, asked officials to draw up the plans after Sir John Stevens, the Metropolitan Police Commissioner, suggested that the law should be tightened.

A spokesman for Mr Blunkett said: "The Home Secretary is aware of growing concern about the use of knives. We are actively looking at how best to deal with this situation through legislation." Sir John, Britain's most senior police officer, said that he had spoken to Mr Blunkett about the introduction of a minimum sentence for anyone caught carrying a sharp weapon.

"Not only do we need to look at the cause, to prevent these people from carrying these knives, at the same time we need to harden up the penalties on people carrying knives," he said.

"We already have a five-year mandatory sentence for guns, and that is an option. He [Mr Blunkett] knows of my opinion . . . They [offenders] need to be reminded of the fact that they can go to prison for carrying knives."

Mr Blunkett's decision to tighten the law follows several recent well-publicised stabbings. lan Pennell, 16, was convicted two weeks ago for the murder of Luke Walmsley, 14, in a school corridor - an attack that prompted a public outcry.

Yesterday, two teenagers were charged with the murder of 19-year-old Sayed Abbas, who was stabbed to death at Hounslow West Underground station in west London last week.
 
And if you don't think the law will be taken to its stupidest extreme ...

http://www.telegraph.co.uk/htmlContent.jhtml?html=/archive/1997/10/03/ngun03.html

Yachtsmen scuppered as start guns are seized
By Philip Johnston, Home Affairs Editor

POLICE acting on Home Office advice, have told yacht clubs to surrender their handguns under the ban that took effect on Tuesday.

The firearms are cannon used to signal the start of yacht races by firing a powder-only cartridge, giving out a loud bang and a puff of black smoke.

Despite an exemption in the firearms legislation for "signalling apparatus", Essex police advised clubs to hand them in or risk imprisonment for illegal possession of a handgun. Dyfed Powys in Wales is also seeking a ruling from the Home Office before deciding whether to round up the starting cannon.

The move has astonished the yachting community, resulting in complaints to the Home Office. It is now considering whether they should be returned.

Although the cannon - normally mounted on wooden trunnions - weigh around 40lb, they have short barrels and strictly fall within the definition of a large-calibre weapon outlawed after the Dunblane massacre. Most police forces relied upon the exemption for signalling apparatus - such as athletics starting guns and Very pistols - and chose not to bother their yacht clubs.

Essex, however, erred on the side of caution and collected in the cannon - trunnions and all. Colin Pryke, commodore of the Maldon Little Ship Club, said two of their cannon had been taken on Sept 29, the day before the ban took effect.

"Given the threat of imprisonment, we were left with little option," he said yesterday. He was asking the Home Office for assurances that the cannon will not be destroyed until the matter had been resolved.

Robin Hill-Sanders, secretary of the Royal Yachting Association Eastern Region, said the cannon from his club, Blackwater Sailing Club, had been impounded.

"It is totally potty," he added. "They are taking them away from every club that has a firearms licence. They are big, heavy things normally bolted down on a big lump of wood. This is because there is a recoil - but it also makes them difficult to steal. The whole thing is grotesque. The idea that somebody could shoot anyone with it is ludicrous. It is not something you hide in a holster."

Jerry Eardley, RYA legal secretary, said he hoped that the matter would be sorted out following representations to the Home Office. He said the cannon was the best way of signalling to competitors, especially in coastal waters.

"There may be starting lines of 200 competitors, in choppy conditions, with the wind in the wrong direction and a lot of shouting and rattling of sails," he said. "They may not hear the bang and need the puff of smoke as well to make the signal effective."

He added: "There is no doubt that they are firearms - but we thought it was sufficiently clear in the legislation that they were exempt."

He understood from the Home Office that the police would be told they can hand back the cannon. But a spokesman for Essex police said they were still awaiting a ruling. "It is now going to be discussed by ministers. If they decide they are exempt we will be returning the cannon to the yacht clubs."
 
jimpeel,

Yep, that is exactly what I am arguing. Why don't you point me to a source that belies what I have said. I am stating that it is logical that criminals would take up other weapons in the absence of firearms.

Firstly, since you admit thats what you are arguing, then that probably puts you in a minority of one on this board. Secondly, that is logical but the way you phrased it (thus):

whether the firearms laws in Britain have caused criminals to shift their choice of weapons to perpetrate their crimes because of them

would suggest that armed criminals pre-bans were changing tactics and weapons post-ban. that isnt the case - as your links show (though, of course, the reasons for the rise are more complex than described), there is nolong-term decline or corresponding rise in crimes committed with other weapons. Simply, pre 1988 (or especially 1997) the armed criminal community in the UK was small and clustered towards the higher end of the scale in terms of seriousness, where in general it has remained.

Now if what you are saying is that criminals might arm themselves with what is to hand, then thats something I agree with - but that is clearly NOT what you said, as shown above; there is a clear link between the gun bans and the nature of armed criminality, evidence for which does not exist because there is no link.

transcripts of debates in the Houses of Parliament can be found here

finally, two of your links are at least two years out of date, and the third does not mean what you say it means in your quip about "knife control" - read the second paragraph (emphasis mine):

New legislation, to be announced this autumn, will order judges to give the minimum sentence to anyone carrying a knife with intent to use it in a criminal act.

agricola

ps: not distracting the thread, but as is clear to anyone who has been to any of those museums, you were wrong and demonstrably so
 
Now I know what turns other members off about debating you. You deny the undeniable and equivocate the unequivocal. Nothing is sufficient to your needs.

I state that there are whole museums dedicated to crime and you want an example.

I show you the Black Museum and the best you can say is it is not open to the public. It is still a museum whether it is open to the public or not.

I then show you four more museums that are dedicated to crime and punishment and the best you can counter with is that they are prison reproductions. They are still museums. You then take that position as meaning that all that came before was fallacious regardless of the fact that the Black Museum IS a museum and it IS "dedicated to the criminal mind and methodology" as I stated it was.

You then attempt to equate these museums with an American national park which is not a museum and does not contain a museum.

You then put words in my posts which were never typed by me attempting to say that I was speaking about CCW and how the victim could have mounted a defense if so empowered. That was, as you would say, "demonstrably false". I never held that stance.

My contention has never been anything other that that which I posted in the thread header which is:
This simply shows the fact that those disposed to aberrant behavior will move to other means to perpetrate their crimes.

When I brought this fact to your attention, the best you could counter with was that I should prove myself correct rather than your proving me wrong.

You then contend that my statement that the firearms law, post Dunblane, was passed in the interest of crime reduction and public safety was false. You state that noone at the time made that link; but you can't state what their intentions were if not for those purposes. If not for crime reduction and public safety, what was the law passed for -- traffic violations?

You stated:
Now if what you are saying is that criminals might arm themselves with what is to hand, then thats something I agree with ...
and I had stated exactly that when I posted:
I say that the laws have merely shifted the focus of the weapons used, and have had no effect on the crime rate. Firearms are still finding their way into Britain and those who lack firearms are merely shifting their use of weapons to whatever is on hand.

You have taken my contentions far afield of what I clearly stated. You have twisted them and nit-picked them to your own advantage while offering nothing in refutation. You have offered no proof that my contentions are false nor that the law, as passed, was for any other reason than crime reduction and public safety.

When I post articles from your own local newspaper, The Telegraph, you state that those articles have no validity because they are two years old; even though they clearly show that the law had no effect in its immediate aftermath.

You state that you agree that a move to other weapons meets a test of logic but my phraseology is flawed -- even though the quoted passage echoes my original contention in the thread header.

I will try one more time in the next few posts and then, failing a reasonable dialogue, I shall put you behind me as so many others on this board have.
 
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I know this is five weeks "out of date"; but ...

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/07/20/ncrim220.xml

Trends reveal rising tide of violence
By John Steele, Home Affairs Correspondent
(Filed: 20/07/2004)

The announcement of the Government's five-year "anti-crime" plan comes after a period of at least six years in which many crimes, including the kind of thuggery and anti-social behaviour highlighted by the Prime Minister, have risen.

Since 1998, a year after Labour took power, there have been increases in gun crime, muggings, serious and lesser violence, rape, possession of drugs and damage to cars.

Labour can point to successes against two major property crimes - domestic burglaries and thefts of cars - which have both fallen, according to statistics of crimes recorded by police.

But both crimes were falling during the previous Tory administration, a trend attributed by many to improved security in homes and vehicles.

By contrast, the trends in many other offences reflect a greater threat to the safety of individuals and a continuing lack of respect for their property, even if it is harder to steal.

The trends are taken from the Home Office's published "long-term trends in national recorded crime" - offences considered serious enough by the public to report to police, and serious enough for police to record.

The trends, for England and Wales, go back either to 1993 or to 1998, when the Home Office began separate recording of some offences that were previously included in broader categories. Some of the increases, the Government has argued, reflect changes in definitions and methods of recording. (As I recall, this has also been posited by yourself as a reason for increased crime. - JP)

Crimes involving firearms - many of which are linked to drugs, particularly crack cocaine, and gang culture - have more than doubled since 1997, passing more than 10,000 offences a year in England and Wales. Possession of weapons has also gone up, from about 23,000 in 1998/99 to 32,100 in 2002/03.

Offences of "more serious violence", ranging from murder to assault intending grievous bodily harm, rose from about 18,000 in 1993 to 38,291 in 2002/03.

"Other offences against the person" - a range of lesser crimes of violence - have also risen, from less than 500,000 in 1998/99 to 800,000 in 2002/03.

"Robbery of personal property" - muggings - rose from nearly 60,000 in 1998/99 to 96,867 in 2002/03.

Snatches of property rose from less than 50,000 in 1993 to 135,400 in 2002/03.

Offences of violent disorder - "a disturbance made by an unruly mob of three people or more" - have risen from fewer than 10,000 offences in 1993 to 22,292 in 2002/03.

Overall, the long-term trends show there were 5,899,450 crimes in England and Wales in 2002/03, an apparent rise of seven per cent on the previous year.

The Home Office suggests, however, that after taking into account changes in recording introduced in 2002, this was in fact a three per cent fall on the previous year. (I assume that this will also be your retort to this story since you have used it in the past. - JP)
 
And as far as your comments on Tony Martin ...

What about this guy?

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/05/09/nosb09.xml

Five years in prison for acting in self-defence
By Alasdair Palmer
(Filed: 09/05/2004)


On the night of August Bank Holiday 2003, at about 11.30, Brett Osborn, a 23-year-old casual labourer, killed Wayne Halling, a stranger who had forced himself into the house where Osborn and four friends were watching television over a drink.



When Halling entered the house he was covered in blood and was in a frenzy. He seemed impervious to pain and was suffering from drug-induced delusions. He had been smashing the windows of other houses in the street with his fists and head, giving himself more than 90 wounds - his wrist was cut to the bone and he had sliced half through one of his toes.

By the time he arrived at 19 Regarth Avenue, Romford - where Osborn was sitting with his friends - he was, as every witness who was interviewed stated, a "terrifying sight".

He got in because one of Osborn's companions, Kelly Hinds, had heard the commotion and gone outside. The drug-crazed Halling took her for "Emma", the girlfriend who, he screamed, had "set him up". Miss Hinds recalled that he "grabbed me and pushed me against a parked car. I immediately got blood from him on my top. I managed to push him away".

Halling pursued her back to the house. Miss Hinds managed to get inside but, even with the help of her pregnant sister, Jodie, was unable to close the door against his weight or stop him from pushing his way in. He staggered along the corridor, smearing the walls with blood. Jodie Hinds screamed "He's in the house! He's in the house!" and Jay Westbrook, her boyfriend, struggled with him, knocking him down. But he got up again and kept going.

Osborn recalls: "There is blood everywhere, things are flying everywhere, the girls are screaming hysterically. I just don't know what to do. Then he starts coming towards me." In fear and confusion, Osborn picked up a steak knife with a 6in serrated blade that he says was on the floor.

He would later tell the police: "I didn't know what he was going to do to me." Also, knowing that Jodie Hinds was pregnant, he was terrified of what might happen if she were attacked. "He came towards me, sort of grabbed me," says Osborn, "and I lunged, and stabbed him that was the only thing I could think to do. It was just the panic. He's mad, he's crazy, he's just smashed up three houses, attacked people, beaten up my friend. I didn't know what was going to happen. There's blood all over him. The only thing I could think of was to protect myself and the other people in the house."

Halling fell to the floor. Police and an ambulance then arrived: there had been several calls to the emergency services, but because of fights in Romford as the pubs closed, officers had been slow to get to the scene.

The wounded intruder refused to let paramedics treat him. He fought them off until he was handcuffed by the police. PC Joanne Allan recalls that she had "never witnessed anything like this in my life. I was terrified, as I had no idea what was happening". She even considered using her CS spray to control the struggling man, who was lunging and striking out wildly. Sergeant Paul Darham, the second police officer on the scene, agreed that "the scene of blood and a male shouting and behaving irrationally was extremely distressing and frightening".

The "irrational male" was bundled into the ambulance but died on the way to hospital. Brett Osborn had stabbed him five times. Three of those stab wounds were superficial, barely breaking the skin. But one had punctured his assailant's lung. It was this injury that killed him.

An autopsy revealed that Halling had taken a massive dose of cocaine - it may have been in the form of "crack" - that night. It was the cocaine that had caused his delusions and made him impervious to pain.

There could be little doubt that Brett Osborn had not planned to kill Halling, or even that he never intended to do so. Halling was unknown to him until he had forced his way into 19 Regarth Avenue. He stabbed him because he feared for his own life and the safety of his friends. Yet, astonishingly, the Crown Prosecution Service decided to prosecute Osborn for murder - a crime that carries a minimum sentence of life imprisonment.

"The law," explains Harry Potter, the barrister who, with Charles Bott, would defend Osborn, "does not require the intention to kill for a prosecution for murder to succeed. All that is required is an intention to cause serious bodily harm. That intention can be fleeting and momentary. But if it is there in any form at all for just a second - that is, if the blow you struck was deliberate rather than accidental - you can be guilty of murder and spend the rest of your life in prison.

"Moreover," Mr Potter continues, "while self-defence is a complete defence to a charge of murder, the Court of Appeal has ruled that if the force you use is not judged to have been reasonable - if a jury, that is, decides it was disproportionate - then you are guilty of murder. A conviction for murder automatically triggers the mandatory life sentence. There are no exceptions."

The legal situation was explained to Osborn by his defence team. Mr Bott and Mr Potter advised him that although they thought it very unlikely that any jury would reject his plea that he had stabbed Halling in self-defence, they could not, in all honesty, claim that it was a certainty. There was a small chance that a jury might decide that his use of the knife was "disproportionate". The jurors would then be bound, under the law, to convict him of murder.

It was explained to Osborn that he could avoid that risk only if he elected to plead guilty to manslaughter as a result of provocation. He would then probably be sentenced to a maximum of three years. His defence team did not advise him to take that option: they merely set out the alternatives in front of him.

Osborn decided that he could not face the risk of life imprisonment. "You see it in the paper," Osborn has said, "that bloke Tony Martin who shot the kid who was burgling his house. He went to prison for years. I didn't want to waste my life because [Halling] burst through the door. Why did he have to ruin my life?"

Tony Martin was convicted of murder after a jury rejected his claim that he had acted in self-defence when he shot dead a burglar who had broken into his isolated farm house. He was sentenced to life imprisonment. The Appeal Court decided to quash his conviction for murder and substitute one for manslaughter on grounds of diminished responsibility. Martin, who was jailed in April 2000, was freed in July 2003.

Osborn chose to plead guilty to manslaughter through provocation. He did not, however, receive a three-year sentence. At his sentencing hearing on April 21 at Woolwich Crown Court, Judge Shirley Anwyl decided that he should serve five years. He is now in Belmarsh Prison.

"We couldn't believe it," Denise Osborn, Brett's mother, told The Telegraph. "Brett has never been violent. He has never been involved in any kind of violent behaviour at all before this. He has a conviction for benefit fraud, but nothing to do with any kind of violence. He was devastated at being the cause of another man's death. It is a terrible thing for him. He never meant to kill anyone. To treat him like a rapist or someone who coldly sets out to kill another human being is just so unfair and wrong."

Osborn's barristers are appealing to get his sentence reduced. They believe that the Court of Appeal's judgment in the Hastings case - Barry Hastings was convicted of manslaughter after killing an intruder and had his sentence cut from five years to three on appeal - demonstrates that the most Osborn should have received for his plea of manslaughter was three years.

Malcolm Starr, a friend and supporter of Tony Martin, said: "This case shows that it is not so much that the law needs changing but rather that some common sense should be applied. Anyone attacked in their own home should be given the benefit of the doubt whatever the circumstances.

"People have a choice whether to break into someone's home and frighten them to death. How you would react to that happening to you is something you won't know until it happens to you."

The dead man's family, however, insist that Halling was "unarmed" when he was stabbed. They are wanting Osborn's sentence increased. They also point to the fact that Osborn, while he handed the police the knife he used to stab Halling on the night of the crime, did not admit to having used it himself immediately. He did so only at a later police interview.

They also say that Osborn's claim that he stabbed Halling in the course of a struggle is not substantiated by the location of his stab wounds, which were to Halling's back, not to the front of his body. In his interview with the police, officers asked Osborn if he had "warned" Halling that he had a knife and would stab him if he did not desist. Osborn had to admit that he had not warned him.

"That is just ridiculous," says Mrs Osborn. "A man behaving like a lunatic, covered in blood, is coming towards him, and my son is supposed calmly to warn him that he might be stabbed if he attacks?"

The determination of the dead man's family to see Osborn punished may have been what persuaded the CPS to take the decision to prosecute Brett Osborn for murder. "I think the law is contemptible," says Mrs Osborn. "How can it be right to put my son in jail for defending himself and killing someone by accident? That law has to be changed. There's got to be a recognition that when you did the kind of thing Brett did, you are not a murderer and you don't deserve to rot in jail. People have got to realise that it could happen to anyone. It could be you.

"For us, the whole thing has just been a nightmare. I keep hoping I will wake up and Brett will walk in through the door of my home. But he won't. He's in prison and he won't be released for years. It is so wrong."
 
Eight months "out of date"; but ...

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2004/01/23/ncrime23.xml

Violent crime shows big rise but burglaries fall
By Philip Johnston, Home Affairs Editor
(Filed: 23/01/2004)

Crimes of violence recorded by the police rose by 14 per cent in the third quarter of last year compared with 2002, Home Office figures published yesterday showed.

Assaults increased by 17 per cent over the same period and the most serious violent offences, such as homicide and serious wounding, went up by 18 per cent.

However, continuing falls in burglaries and car thefts - principally because owners are making their homes and vehicles more secure - mean that total crime remained stable.

Separate figures provided by the British Crime Survey, which interviews 20,000 people about their personal experiences, suggested a three per cent fall in violence in the 12 months to Sept 2003.

The use of different data and changes in recording methods continue to cause confusion over trends, with the Home Office tending to attribute the rise in violence partly to the way police collect the figures.

Ministers said the chance of being a victim of crime was the same as in 1981 and that violent crime was 25 per cent less than five years ago. However, the Tories said "violent crime is soaring".

Crimes of serious violence are likely to be reported and the figures show an increase from 10,000 offences to 11,800. Offences of minor wounding, harassment, common assault and weapon possession rose from 203,800 to 238,000. Sexual offences increased by eight per cent, from 12,900 crimes to 14,000.

Recorded robberies fell by two per cent compared with the same quarter in 2002, reflecting specialist police operations in the big towns and cities to curb street crime.

Gun crime figures showed a 46 per cent rise in the use of replica weapons and the overall number of firearm offences increased by two per cent to 10,248 incidents. This compared with a 34 per cent rise in 2001-02.

However, the number of robberies in which a gun was used fell by 13 per cent and the use of handguns to commit any crime fell by six per cent.

The total number of homicides rose above 1,000 for the first time but this included 172 victims of Harold Shipman, the serial killer who committed suicide earlier this month. If these are excluded, the number of murders stayed roughly the same. (I guess the Shipman murders weren't really murders because he got more than his fair share. LOL !!! - JP)

There were 81 homicides involving firearms in the year compared with 97 the year before - a reduction of 16 per cent.

Under legal changes agreed by Parliament last year, a mandatory minimum jail sentence of five years will now be imposed for possessing an illegal firearm.

Hazel Blears, the Home Office minister, said the increases in violent crime should be put into context.

"Better police crime recording policies mean that local forces now have a clearer picture of crime in their area and that anti-social behaviour and low-level thuggery, which are included in the violent crime figures, are more accurately recorded.

"We are also encouraging victims to report crimes, especially violent and sexual offences, and we would expect to see a rise in these figures."

Chris Fox, president of the Association of Chief Police Officers, said that while overall crime was stable, "the continued rise in reported violent crime remains an issue of particular concern".

David Davis, shadow home secretary, said: "No amount of Home Office spin can hide the fact that violent crime is soaring. "For the Government to describe this as some sort of success shows how bad things have become.

"If Blair or Blunkett think they are winning the war on crime they are living in a different country."

Mark Oaten, Liberal Democrat home affairs spokesman, said: "The rise in violent crime is surely a sign that the binge drinking culture is getting out of hand."
 
jimpeel,

this is becoming increasingly pathetic.

I state that there are whole museums dedicated to crime and you want an example.

I then show you four more museums that are dedicated to crime and punishment

I wanted examples, and that is not what you said. What you said (in addition to screaming, when challenged, that I was disrupting the thread) was

You, in fact, have whole museums dedicated to the criminal mind and methodology. We don't have those here.

the black museum is a collection of exhibits taken from the history of the Met, in addition to other items - uniforms, cars and other curios. the fact that it isnt open to the public is important, because for all but 40,000 of the UK population it doesnt exist (which does not make it "dedicated to the criminal mind and methodology btw" but it does make it equal to the NYPD museum)

In addition, the way your wording has changed from the first example to the most recent two shows that you (as you did before all of this kicked off again) recognize that your original statement was in error.

All of that is further proved by the fact that you are still wrong, Madame Tussauds IS NOT A MUSEUM DEDICATED TO CRIME AND PUNISHMENT, as ANYONE who has been to it will know, indeed anyone who read the link you posted would have realised (in addition to those commentators here).

You then attempt to equate these museums with an American national park which is not a museum and does not contain a museum.

no, but it contains a former gaol which is open to the public. Guess what your other three examples are?

You then put words in my posts which were never typed by me attempting to say that I was speaking about CCW and how the victim could have mounted a defense if so empowered. That was, as you would say, "demonstrably false". I never held that stance.

which is to ignore what I said above, which would have been apparent if you hadnt gone through this thread trying desperately to prove your points by omitting a great deal of what I have said:

The CCW points was aimed more at coolhand and his ilk than you, although it is also relevant for you (unless your only point was "look how bad the UK is") and relevant to this debate.

a point of view which is more than justified when one considers your sig:

Gun Control: The premise that a woman found in an alley, raped and strangled with her own pantyhose, is morally superior to allowing that same woman to defend her life with a firearm.

but the absolute peach is:

You have taken my contentions far afield of what I clearly stated. You have twisted them and nit-picked them to your own advantage while offering nothing in refutation. You have offered no proof that my contentions are false nor that the law, as passed, was for any other reason than crime reduction and public safety.

firstly, what you posted even in that quote from your last non-spam post was NOT what you now intend it to be. Before 1988 and 1997 there must have been criminals armed with firearms in order for:

I say that the laws have merely shifted the focus of the weapons used

to be an accurate statement; it isnt, as is clearly shown by the statistics on this issue -

tab3a.gif


people did not disarm from firearms to other weapons because of the gun ban, as I have said, as Colin Greenwood has said, as almost every pro-RKBA commentator has said and as the statistics say. of course, to admit that you are wrong is clearly something you cannot live with, so i'll expect a whole sheaf of fresh (or not so fresh) cut and paste odysseys in response.

You state that noone at the time made that link; but you can't state what their intentions were if not for those purposes. If not for crime reduction and public safety, what was the law passed for -- traffic violations?

If you had said just "public safety" as opposed to saying just "crime reduction", then you would have been correct; however you didnt:

This was gooing to reduce crime and prevent Dunblane redux. There is no argument that the intention and the debate in the Parliament was the anti-crime benefit of the ban.

only a very tenous link to public safety (prevent another Dunblane) and a rather clearer identification of "the anti-crime benefit of the ban". If you want, I can produce reams and reams of cut and pastes showing that the ban was intended to stop another Dunblane and to enhance public safety, but (seeing as you asked for and were given the Hansard location) you have clearly been unable to find any evidence to back you up (in your original contention, not the current one - which, as demonstrated, change with the facts). As your starter for ten (though this is probably wasted upon you):

http://www.publications.parliament.uk/pa/cm199798/cmhansrd/vo970611/debtext/70611-30.htm

will return to this after work.
 
jimpeel,

this is becoming increasingly pathetic.

I state that there are whole museums dedicated to crime and you want an example.

I then show you four more museums that are dedicated to crime and punishment

I wanted examples, and that is not what you said. What you said (in addition to screaming, when challenged, that I was disrupting the thread) was

You, in fact, have whole museums dedicated to the criminal mind and methodology. We don't have those here.

the black museum is a collection of exhibits taken from the history of the Met, in addition to other items - uniforms, cars and other curios. the fact that it isnt open to the public is important, because for all but 40,000 of the UK population it doesnt exist (which does not make it "dedicated to the criminal mind and methodology btw" but it does make it equal to the NYPD museum)

In addition, the way your wording has changed from the first example to the most recent two shows that you (as you did before all of this kicked off again) recognize that your original statement was in error.

All of that is further proved by the fact that you are still wrong, Madame Tussauds IS NOT A MUSEUM DEDICATED TO CRIME AND PUNISHMENT, as ANYONE who has been to it will know, indeed anyone who read the link you posted would have realised (in addition to those commentators here).

You then attempt to equate these museums with an American national park which is not a museum and does not contain a museum.

no, but it contains a former gaol which is open to the public. Guess what your other three examples are?

You then put words in my posts which were never typed by me attempting to say that I was speaking about CCW and how the victim could have mounted a defense if so empowered. That was, as you would say, "demonstrably false". I never held that stance.

which is to ignore what I said above, which would have been apparent if you hadnt gone through this thread trying desperately to prove your points by omitting a great deal of what I have said:

The CCW points was aimed more at coolhand and his ilk than you, although it is also relevant for you (unless your only point was "look how bad the UK is") and relevant to this debate.

a point of view which is more than justified when one considers your sig:

Gun Control: The premise that a woman found in an alley, raped and strangled with her own pantyhose, is morally superior to allowing that same woman to defend her life with a firearm.

but the absolute peach is:

You have taken my contentions far afield of what I clearly stated. You have twisted them and nit-picked them to your own advantage while offering nothing in refutation. You have offered no proof that my contentions are false nor that the law, as passed, was for any other reason than crime reduction and public safety.

firstly, what you posted even in that quote from your last non-spam post was NOT what you now intend it to be. Before 1988 and 1997 there must have been criminals armed with firearms in order for:

I say that the laws have merely shifted the focus of the weapons used

to be an accurate statement; it isnt, as is clearly shown by the statistics on this issue -

tab3a.gif


people did not disarm from firearms to other weapons because of the gun ban, as I have said, as Colin Greenwood has said, as almost every pro-RKBA commentator has said and as the statistics say. of course, to admit that you are wrong is clearly something you cannot live with, so i'll expect a whole sheaf of fresh (or not so fresh) cut and paste odysseys in response.

You state that noone at the time made that link; but you can't state what their intentions were if not for those purposes. If not for crime reduction and public safety, what was the law passed for -- traffic violations?

If you had said just "public safety" as opposed to saying just "crime reduction", then you would have been correct; however you didnt:

This was gooing to reduce crime and prevent Dunblane redux. There is no argument that the intention and the debate in the Parliament was the anti-crime benefit of the ban.

only a very tenous link to public safety (prevent another Dunblane) and a rather clearer identification of "the anti-crime benefit of the ban". If you want, I can produce reams and reams of cut and pastes showing that the ban was intended to stop another Dunblane and to enhance public safety, but (seeing as you asked for and were given the Hansard location) you have clearly been unable to find any evidence to back you up (in your original contention, not the current one - which, as demonstrated, change with the facts). As your starter for ten (though this is probably wasted upon you):

http://www.publications.parliament.uk/pa/cm199798/cmhansrd/vo970611/debtext/70611-30.htm

will return to this after work.
 
agricola

So the ONLY reason for the handgun ban was to prevent another school shooting; and as long as there isn't another school shooting the legislation is a total success.

All of the stories in the British and world press on the failure of the handgun ban to staunch the rising British crime rate have been wrong because the law was never written with that intention in mind.

All of the writers in the European, American, Canadian, and Australian press have been under the mistaken impression that the law was written as a crime reduction and public safety measure when the law actually had the singular intent of preventing another school shooting and nothing more.

Crime prevention and public safety was not even a secondary aspect of the law and the law protects only school children and teachers.

Well, you can bet your boots that I'm sure glad we got that straightened out.

Um, what happens if there is another school shooting? I'm a little fuzzy on that and maybe you could clear that up for me.
 
http://www.number-10.gov.uk/output/Page1354.asp

"Asked if the Government was concerned about the enforcement of the new measures given the UK had some of the toughest laws on guns following the Dunblane tragedy and yet gun crime had still increased, the PMOS [Prime Minister's Official Spokesman] said that the measures post-Dunblane related to legally-held weapons which had been used in a tragic, murderous way in a Scottish primary school. In this case, however, we were talking about tackling illegal guns which were coming into and being used in this country, in addition to the issue of replica weapons. Put to him that the only practical way to tackle the problem of gun crime was through a return to 'sus', the PMOS said that that wasn't necessarily the case. The amendment was about tightening up gun laws to take guns off the street and send a strong signal to those who might use them.

Questioned about legislation relating to the use of handguns, the PMOS said that the purpose of the Firearms Amendment Act 1997 had been to ban the private ownership of small firearms. There was clearly a further issue relating to illegally-held guns being used for crime given the increasing gun culture in parts of this country. That was obviously something which we had to address. "


I can recal Alan Milburn, the Minister of State, proudly boasting that it had "got guns off the streets"
 
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