Thin Black Line
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http://www.newsobserver.com/news/story/1336840.html
I'll let the article and some emphasis speak for itself.
One question, though, do they teach mens rea in law school anymore?
Britons vent scorn at U.S. after 24 days in N.C. jails
Garry Latcham thought he was carrying a harmless gift for his North Carolina host when he boarded a plane from his native England in November, planning to spend four days hunting in rural Person County.
Instead, the gifts -- two silencers intended for air guns -- landed Latcham and his traveling companion in jail for nearly a month, after customs agents mistook the men for terrorists. Federal officials now say that the men were vacationers with no criminal plot. But they were still forced to plead guilty to felonies, because they failed to declare the $55 silencers on their customs forms.
The two working-class men, both of whom have young families, ran up thousands of dollars in legal bills and spent 24 days in crowded county jails before being allowed to return home last week.
"We came for a holiday of a lifetime, and we got one," Latcham said this week from his home in England. "I will never come back to the United States, ever."
He gave only a short interview, saying he wanted a contribution to his legal fees before speaking at length.
In a news release last week, U.S. Attorney George E.B. Holding said the prosecution of Latcham and his friend, George Hope, "highlights the importance of the Customs Declaration Form individuals must fill out when they enter the United States and of the laws and rules governing travel between countries."
Their lawyer, Doug Kingsbery of Raleigh, said the British men's treatment was unnecessarily harsh. Even the federal judge who heard the case thought the men should be released from jail, and questioned the point of the prosecution.
"At the point they realized this was just an innocent mistake, they should have just let them go," Kingsbery said. "These guys went through a terrifying experience, being in a foreign country's jail."
Since 9/11, tighter security has caused problems for many international visitors and has depressed tourism to the United States.
Trip had been a dream
Latcham, 43, said he had hoped for years to visit his longtime friend, Peter Slivinski, who lives on 20 acres outside Roxboro. Both men repair machinery in factories, and once worked for the same company. They met on a work-related trip in England in the 1990s.
This year, Slivinski offered Latcham his frequent-flier miles, and Latcham invited his friend George Hope, 41, to join him on the trip. They planned to hunt, relax and be back home to their wives and young children in less than a week.
To show their appreciation, they bought two air gun silencers in a sporting goods shop in County Durham in Northern England, where they live. They knew that Slivinski, as they do, owns air rifles to control rats and other small animals on his property. The guns use compressed air or gas to fire BBs or pellets.
Kingsbery said silencers are commonly used on air guns in England, and are widely available without a permit. He said they are required for shooting near towns and villages.
Silencers are attached to the barrels of guns to reduce the amount of noise and light produced when they fire. In the United States, silencers are tightly regulated and are illegal in some states. They are often associated with violent crime.
The men put the silencers in Hope's suitcase, along with a bottle of whiskey and an imitation Rolex watch for Slivinski.
When they arrived at Raleigh-Durham International Airport on Nov. 13, Hope's suitcase was missing. They filed a report and headed home with Slivinski.
Back at the airport, customs agents discovered the bag and thought it was abandoned. They searched it and found the silencers, which they assumed were meant for firearms rather than air guns. It is illegal to bring firearms, including silencers, into the United States.
Barbara Kocher, the assistant U.S. attorney who prosecuted the men, said the customs agents feared they had uncovered a violent plot. "They reacted as they have been trained," she said. "And they thought, this is a bad situation."
Arrested at RDU
Customs agents soon found the missing bag report and asked Hope and Latcham to return to the airport the next day.
Latcham said they arrived expecting to take the bag and get on with their vacation. Instead, they were handcuffed and imprisoned.
Kocher said investigators researched the men's background extensively, contacting Interpol and immigration officials in England. The checks revealed no criminal histories or connections.
The men told investigators they didn't know it was against the law to carry the silencers. Still, Kocher pressed to keep them in jail. And after a judge ordered them released on bond, immigration officials stepped in with an order to keep them locked up, superceding the judge.
Latcham and Hope spent the weeks shuttling among jails in Wake, Edgecombe and Alamance counties, sleeping on mats on the floor.
"It isn't human," Latcham said of his jail stay. "My dog eats better than the food in there."
Slivinski's wife, Jan, said that during daily phone calls, the men's wives were so distraught they could hardly speak. She said they were afraid their husbands would not be home for Christmas.
Admitting to a felony
After two court hearings, one of them in New Bern, federal officials agreed to drop charges of importing firearms.
Kingsbery said they offered to let Latcham and Hope go home if the men admitted to failing to report the silencers on their customs forms, a felony.
He said they didn't understand the complex customs form, which serves to make sure travelers pay duty on items they bring into the country. No duty is assessed until the items reach $100, which the silencers did not, Kingsbery said.
"In my judgment, they committed no crime," Kingsbery said. "But they pleaded because they wanted to go home."
Kocher said she believes the men misunderstood the law and had no plans to commit violence, which is why she agreed to drop the more serious charges. But she said they did violate the law.
"The government's overriding concern is always a deterrent for the next guy getting on the plane," Kocher said. "As an American, it blows my mind that someone would put firearms in their luggage and think there wouldn't be a problem."
I'll let the article and some emphasis speak for itself.
One question, though, do they teach mens rea in law school anymore?
