Law is Not Your Emotions in Book Five: Working Through the Maze 2018

I received an interesting (and I would consider it an excellent) compliment yesterday. A defense attorney said that she didn’t know HOW we could handle the political BS that comes with our jobs. She was happy she only had to worry about one client per case and that whenever that client called, they were getting billed. If someone is literally paying for your time they are less likely to waste it. And… she’s right.

But here’s the other side of it… the biggest problem I face as far as “political” or “being responsible to the citizens” is seen in every segment of America today. It is the center of outrage culture and the pinnacle of our political division. I’ma break it down for y’all

What you want to be considered a crime and what is considered a crime are DIFFERENT THINGS.

Case in Point: Kneeling during the National Anthem. NOT A CRIME.
Case in Point: Beating up your spouse. A CRIME

Why do I set those as the first examples I use? Because they are timely.

The United States Code does not make it a criminal violation to use the flag in a “respectful protest.” Mr. Kapernick (sp?) began a peaceful protest by kneeling during the National Anthem. Ironically, kneeling is a prayerful stance and COULD be seen as showing deference to the flag and/or praying for the Nation to honor the meaning of the symbol of the flag. People have completely lost their shit about it. Never mind that many of these same people shouting “Respect our troops!” continue to vote for Congress Members who have cut spending for veterans and frozen military pay. We don’t want to do anything that might ACTUALLY support the troops, we just want to be angry that someone appears to be doing something that some perceive to be about not supporting the troops. BTW: The kneeling has literally nothing to do with the United States Armed Forces. And treating the flag of the United States of America as a direct representational symbol for The Armed Forces limits that symbol to the point of absurdity. A FLAG is supposed to represent A COUNTRY. Kneeling during a ceremony to honor the country, as the National Anthem is about honoring THE COUNTRY, is a protest about the country.

If the protest was about THE MILITARY, there are other flags and other songs.

So… despite people’s STRONG FEELINGS ON THE MATTER… kneeling during the National Anthem is NOT a crime.

Turning now to what IS a crime.

There are religious exemptions to some laws in the United States. The Amish are not required to adhere to the same Educational requirements as the rest of the United States. Jehova’s Witnesses can not legally be required to have their blood removed. There are many other examples that cover all manner of faiths.

HOWEVER, the underlying predominant catch is that if a practice harms another person, the United States Laws still apply. In short, you can’t sacrifice a human declaring that your law requires it and the person volunteered.

HOWEVER we see the “Religious Exemption” attempt in Domestic Violence all the time. Largely, typically, from Christians and Muslims. Apparently, their interpretation of the scriptures says that as The Husband it is their job to Correct The Wife. Case in point: Victim said Defendant threw a hot cup of coffee on her and hit her three times in the face. Victim’s daughter runs into the room and screams for Defendant to leave Victim alone. Police arrive and charge Defendant with Domestic Abuse Assault.

The Defendant is declaring that he cannot plead guilty because what he did was not a crime.

Causing physical abuse to an individual who is a spouse or household member is found in the Iowa Code via 232.6 and 708.2A. The hot coffee would have counted as abuse, the face punching would have counted as abuse. That is per the laws of the state of Iowa. So, a man who believes women should be hit either due to his strong traditional sense of justice or his religion or whatever he claims to be his guiding principle on why he knows it is not a crime… sorry, but no matter why you believe what you do, it IS a crime.

What you want to be considered a crime and what is considered a crime are DIFFERENT THINGS.

Sometimes, admittedly, this gets more complicated.

For instance, a person with a medical issue cannot afford medication. The grab their friend’s pills because their friend uses Rx Pills recreationally and this is a medical issue. However, the friend purchased the Rx Pills from a drug dealer. As the person with a medical issue is driving home, they are stopped by police. Despite being a medical issue… the individual could/should be charged with THEFT OF RX, ILLEGAL POSSESSION OF RX. That is a crime. It is in the Iowa Code Section. Now… if the Prosecutor wants to cut a deal because of the medical issue, that is an option. BUT THAT DOESN’T NEGATE THE FACT THAT IT WAS A CRIME.

Meanwhile (true story), we have another item. Guy in the trailer park punched his neighbor, got convicted, paid his fines. Now he’s walking around the trailer park bragging about “kicking that guy’s ass!” The victim’s wife calls me. She’s upset that the police haven’t charged the man with anything else after she called them to tell the police about the bragging. I try (very patiently at first but with less patience after every 10 minute interval) to explain to the woman that what the guy is doing is NOT a crime. I understand why you would be upset. But in this case there are only two potential criminal codes that would apply. Is the bragger shouting, using obscene language, or in any way pestering the general public? NO? Then it isn’t Disorderly Conduct. Is the bragger threatening you or your husband, lingering on your property while discussing violence, or in any way coming at you or your husband physically or verbally? NO? He’s just walking around the trailer park discussing how he hit your husband? NOT A CRIME.

It can be difficult to understand or accept.... but still........ What you want to be considered a crime and what is considered a crime are DIFFERENT THINGS.