Tag Archives: violent crime

Defending against deadly attacks on Jews.

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There have been many attacks on Jewish schools, homes , and markets. The press likes to blame white supremicists. But in the US, Islamicists and “Black Hebrews” have been the more regular assailants. Along with them are equal opportunity killers — those who kill, for no obvious reason. I note that mostly attackers don’t wear body armor, suggesting that a small revolver is the best choice for defense. The police come, but never in time.

The Monsey, NY, 2019 attack is fairly typical of a small-scale hate crime, though it was not charged as such. A member of the “Black Hebrew” movement who had attacked Jews in the. past, always released by police, waled into a Channuka celebration in a home in Monsey, NY, pulled a large knife, and stabbed the rabbi and four others before being chased out by folks with chairs. One of those stabbed died from the wounds, and several others spent time in hospital. The attacker, undeterred, drove attack another Jewish establishment, a nearby orthodox shul, and attacked there. It seems he’d committed an anti-Jewish stabbing shortly before this murder, but was released as always before the final, deadly attack. As with most black on Jewish attacks, this was not ruled a hate crime by the police.

Kessler before the attack. The claim is that his flag triggered an accidental attack by Professor Alnaji and his compatriot.

In the US Islamic on Jewish attacks tend to be ruled as accidents or legitimate expressions, and never as hate crimes. In Thousand Oaks California, 2023, Paul Kessler 69 was standing with an Israeli flag (right) when two Islamic activists crossed the street to shout at him. One of them, Professor Loay Abdelfattah Alnaji, hit him fatally on the head with a bull horn. The police ruled it accidental, involuntary manslaughter, despite that it was two on one, deliberate, premeditated, and the assailant kept yelling: “stop killing our children,” even after Kessler was down after being hit. Alnaji is free on bail of $50K. It was not ruled a hate crime.

Poway synagog shooter, Shot four, killed one before gun jammed.

The court reacts quite differently to white on Jewish crimes, ruling these hate crimes and punishing to the full extent of the law. An example, in Poway, CA, 2019, a white man, left, entered the Orthodox, Chabad synagog during services carrying a semi-automatic pistol. He shot and killed the first person he met, then shot the rabbi, entered a side room, and shot two more, an adult and an 8 year old. Then his gun jammed. At that point he left, and called 911. He claimed he hated Jews, Moslems, and President Trump. I note that gun jams are common in stressful situations, but police showing up in time is uncommon. A revolver for personal defense would’ve helped, but they are mostly illegal in California — not that the antigun laws deterred the killer.

Organized attacks are more deadly, and almost impossible to defend against. They tend to be Islamic. The recent attack on a music festival in Israel, for example. An air – land assault with machine guns by an armed group civilians (and UN workers!) that left 1500 dead, and 250 captured. Most of the victims were unarmed, but some were armed. They were over-run, and killed. It is very hard to defend against multiple assailants with training and the advantage of surprise.

A smaller-scale versions of these military stile Islamic attacks have play out regularly around the world. For example, Mumbai, 2019, two Islamic activists entered an orthodox Jewish hostel and school, and barricaded themselves in. Over the course of three days, they killed the rabbi and his wife, and five of their children. It was part of a wider program of well-planned attacks on Jews and Jewish businesses in India. The two perpetrators were eventually killed by the police, but the support network escaped justice. These are the folks who planned the attack, and armed the two; IMHO they are as guilty as the murderers.

The shooter who attacked the Hyper Kasher kosher store in Paris. He was trained, but worked alone, and wears no bulletproof vest. First he shot the person nearest to him and those behind the counter — anyone who might reasonably stop him. He then closed the metal grate around the store, started talking and killing for 4 hours. A well timed shot or two could have taken him out.

In Paris, as a similar Islamic general attack on Jews and businesses included the killing of 12 at the humor magazine “Charlie Hebdot” A trained Islamic activist entered a kosher market, “hypercasher” with two Kalashnikov AK47s provided by the same network who armed the Charlie Hebdot killers. Ownership of most guns is illegal in France, but that makes for easy targets. On entering, he immediately killed the person next to him and shot the two people behind the counter (one died). He then asked that the store be sealed by its steel gratings so he could keep on killing in peace. Secure in the market, the attacker then asked if he should kill someone else. When every shouted no, he laughed and killed the person. The killer talked and killed for the next 4 hours while the police gathered outside and watched. One unarmed customer tried to attack him, but was killed in the process, and jeered at besides — jeers seem to be common. Eventually, the French police killed the attacker and rescued those still alive. As with the Indian attack, the support network escaped or were found non-guilty. If someone had a pistol, maybe the killing would have ended quicker.

White supmemicist, right killed 11 in Pittsburgh. Survivor, center picture will testify. From the NY Post.

In Pittsburgh, PA, 2018, a “White supremicist” entered the “tree of life synagogue” with four semi-automatic pistols (three of them Glocks). He killed 11, going from room to room, sometimes talking to people. One survivor hid under the sink for hours, unable to reach his phone in deadly fear that it would ring and expose him. Eventually the killer just left, and as he did, someone with a gun shot after him, missing. Clearly, this fellow had that gun all along but was afraid to draw it, or could not find it. I’m glad he missed, by the way. If he’d hit the guy as he left, the shooter would have gone to jail. According to US law, you can’t shoot a fleeing attacker. My lesson is that you want a gun that’s small enough to hide well and draw easily, and you want to practice enough to be comfortable using it.

Another deadly attack from “Black Hebrews”, this time organized, military stile. In Jersey City, 2019, two “Black Hebrews” attacked the patrons of an orthodox, Kosher market, starting to shoot from the street, from 50 feet away. Once they were sure that no one inside was armed, they entered and killed three individuals who were doing their best to hide. The recent Gaza attacks used this military style, too. They attacked from a distance first to drive folks into hiding, then set the buildings afire or shot cowering individuals point blank. it’s very hard to defend against this sort of attack, especially if you are unarmed, but even if you are armed and trained.

Enhanced photo from the shooting at the Jersey City Kosher market. This is a rare example of military tactics being used. Two attackers of the “Black Hebrews” started shooting from outside the store, and only entered later to finish up.

The majority of other deadly attacks are by “Islamic youths” against older Jews. The youths will enter a house, threaten, kill, and leave. In one case the victim (a professor) was beheaded on the main street. He’d shown cartoons to his class that suggested that Islam is not peaceful. As with beatings that go with “Palestine Independence” rallies, these attacks are not considered “hate crimes,” but teen violence or political expression.

Hate crimes or not, they mostly target Jews, and they seem to be religiously motivated. Typically, it’s only one or two assailants attacking a chosen, visibly orthodox individual or place. Killing is mostly in close quarters over a relatively long period, often jeering the dead. So far, none appear to use a bulletproof vest. The police do not come on time, ever.

From the above, I suggest a stubby revolver for its concealment and reliability. Carrying a gun is not a good idea if you have children in the house, or if you spend a lot of time in schools, even though these are among the locations that need defending most. You need permission to carry in large venues, including big stores, synagogues and churches, as well as most clubs.

J. Edgar Hoover’s 1939, 32 caliber, “Pocket perfect,” Detective.

A gun suggestion is a “detective special” revolver like the S+W 642 “airweight, 14.6 ounces. It’s about half of the weight of a standard Glock, and shoots five bullets of 38 caliber. A step smaller are 32 caliber revolvers as were carried by J. Edgar Hoover. Smaller yet, are 22LR and/or 22WMR, revolvers like the S+W 351C or 351 PD, and all the NAA mini revolvers, 6 to 11 oz. They are easy to carry, non-obvious, and more reliable than a semi. Five to seven bullets can be enough. Robert Kennedy was killed with a 22lr. Semi-automatic pistols are good for the range, but they need to be racked, and tend to jam in tense situations.

I suggest a revolver that takes different loads. You can practice with cheaper ammo, and carry it loaded with more expensive. Especially with semis, make sure you can draw fast and shoot accurately without jamming.

Robert Buxbaum, March 10, 2024. A common claim in the press is that guns should be banned as in Europe, or highly regulated as in New York, New Jersey and California. I disagree. Europe has a very high rate of violent crime, including quite a few deadly attacks on jews.

School violence and the prepositional subjective

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There is a new specialty in the law, both in prosecution and defense: dealing with possible school shooters and other possible purveyors of violence. Making threats of violence has always been a felony — it’s a form of assault. But we’ve recently extended this assault charge to those student who make statements to the effect that they might like to commit violence, a conditional subjunctive statement of assault. This finer net manages to catch, in Michigan alone, about 100 per month. That’s a large number. Mostly they are male high-school age students who shot off their mouth, kids caught for saying “I’ll kill you” often in an argument, or following one. They are arrested for protection of others, but the numbers are so high and the charge so major, 15 – 20 year felonies, it’s possible that the cure is worse than the disease.

Eight students of the 100 charged in the last month in crimes of potential violence.

Putting some faces to the crime. Eight of the 100 charged in Michigan in the last month for potential violence. All or most are boys. 

Several of the cases are described in this recent Free-Press article, along with the picture at right. According to the article, many of those charged, are sentenced to lower crimes than the 15 -20 maximum, things like reckless endangerment. Many, the majority, I hope — they are not mentioned in the article — are let go with a warning. But even there, one wonder if these are the richer, white ones. In any case, it’s clear that many are not let go and have their lives ruined because they might come to commit a crime.

Let’s consider one case in-depth, outcome unknown: A top high school student, skinny, but without many friends, who gets picked on regularly. One day, one of the more popular kids in school calls him out and says, “You look like you’re one of those school shooters.” The loner responds, “If I were a school shooter, you’d be the first I’d shoot.” And that’s enough to ruin the kid’s life. Straight to the principal, and then to the police. The ACLU has not seen to get involved as there are competing rights at play: the right of the loner to have a normal education, and the rights of the other students. One thing that bothers me is that this crime hangs on the conditional subjunctive:  “If I were…., then you would be…”

What makes the threat subjective is that “I’ll kill you” or “I’d shoot you first” is something you’d like to be true at some time in the indefinite future. There is no clear time line or weapon, just a vague desire that the person should be shot. It’s a desire that more-likely than not, is a fleeting hyperbole, and not an actual threat. What makes the threat conditional on the person has yet to decide to show up with a weapon or show any sign of doing violence: “If I were to become a school shooter.”

The person who drew this faces 15 years in prison. The only evidence is this picture.

The person who drew this faces 15 years in prison. The only evidence of a threat is this picture.

It did not used to be that either the conditional or the subjunctive were considered threats. A person was assumed to be blowing off steam if he (or she) said “I’d like to see you dead” or even “I’ll kill you.” And we certainly never bothered folks who prefaced it with, “If I were a …” In theory, we had to extend the law to protect the weak from a shooter, but we’ve also put a weapon in the hands of the schoolyard bully. The school bully can now ruin the life of his fellow by accusing him of being a potential school scooter. We’ve weaponized the conditional subjunctive, and I don’t like it. The boy who drew the picture at right was charged with a 15 year felony for drawing something that, in earlier generations, would be called a fantasy picture.

It bothers me is that the majority of those charged — perhaps all those charged — are boys. Generally these boys are doing things that normal boys have often done. The picture of a shooting is considered a written threat of violence, but to me it looks like a normal boy picture. Girls have not been caught, so far, perhaps because their words and pictures are more “girly” so their threats are not considered threats. Sometimes is seems that it is boy-behaviors themselves are being criminalized, or at minimum diagnosed as ADHD (crazy). There is so much we don’t like about boy-behaviors, and we’ve elevated the female to such an extent, that we may have lost the positive idea of what a male should be. We want boys to be “girly” or at least “trans,” and that’s not normal in the sense that it’s not normative. We’ve come to worry about boyness, creating a cure that may be worse than the harm we are trying to prevent.

Robert Buxbaum, May 7, 2018. I’ve also noted how bizarre US sex laws are, and have written about pirates and transgender grammar.

Criminal Punishment Theory

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I’ve often wondered about the theory of criminal punishment. How long should sentences be? For which crimes and external circumstances should people be let off, for which should there be alternative punishments, like civic work, or a fine instead of jail time. I’ve a few ideas, but here are some thought cases:

Someone steals an expensive handbag from a clothing store. What should the punishment be for (a) a ghetto black with no job, (b) a middle-class, college sophomore (c) a famous actress? Should it be the same for all? Is jail the best punishment — it costs money, and doesn’t help the criminal or the store. If jail, how long is appropriate? Should the length of stay correspond to the cost of the bag? If the punishment is money or civic service, how should the fine vary with the wealth of the thief, or if the person is a repeat offender? Many countries have corporal punishment — why or why not?

My sense is that sentences should be shorter for less-expensive items, and longer for more expensive. My sense is that a fine or civic service is appropriate for most first offenses, and while jail seems necessary for serious crimes, if only to keep criminals off the streets, the sentences should be reasonably short and include rehabilitation. I suspect that long sentences don’t help the criminal or society. I suspect that victimless crimes, e.g. prostitution or drug sales should have very short sentences or non-jail punishments, and I’m not quite sure what to do if the thief reforms in prison or appears to.

The US leads Russia, China, South Africa, and all of Europe in terms of percent of population is prison.

The US leads Russia, China, Cuba, India, and all of Europe in terms of percent of population in prison. It’s caused byvery long sentences, a product of fixed minimums. Strangely, our crime rate is low. Chart from the international business times.

Regarding prostitution perhaps it should be policed by the clergy, that’s why they get tax breaks. And why is sex between consenting adults punished as prostitution if money changes hands but not otherwise, or if the only pay is dinner? Why should the professional offender (the prostitute) pay more than the casual (the john). Why is drug use punished more than alcohol. Many drug and alcohol users live happy productive lives. To the extent that these crimes should be punished, it seems to me that fines, community service, or corporal punishment might be appropriate — I can not see prison healing a moral failing or reforming a victimless criminal.

And then there is rape. As a crime, the definition of rape has a long slippery slope, but the punishment does not. It isn’t quite clear where consensual become criminal, but the punishment is strict and undivided. We treat some cases as extreme crimes and others are let completely free. We have cases where the sex-criminal man or woman marries his or her underage partner, but is still guilty of statutory rape, and is then listed forever as a sex-criminal.

Children under 21 can not drink alcohol in the US, but they can in many other countries, and in some countries even older people can not drink at all. Is Saudi Arabia a very productive country; is Germany falling apart because of young drinkers? It seems not, so why is 21 the drinking age when you can choose to marry or join the army at 18. Soldiers are allowed to drink earlier than non-soldiers, but young marrieds are not afforded the same benefit. I don’t see why. The punishment for underage drinking varies too, as does the punishment for underage driving.

The Bible has some enlightened ideas on punishment, prescribing the use of fines of double or four or five times the value going to the victim (the thief pays 4 times for a stolen sheep, 5 times for a stolen cow, for example), but in other cases, it’s positively draconian prescribing death for homosexuality, violating the sabbath or for taking God’s name in vain. A seducer has to marry his seducee, but can not divorce her (assuming she agrees) but what if it’s an unhappy marriage? There is no room for judicial leniency in the bible, but there is in traditional applications; I’m not sure that’s not an improvement.

Robert E. Buxbaum, May 30, 2014. I’ve been wondering about the theory of appropriate punishment for at least 35 years. Are we protecting society, extracting vengeance, helping the criminal or doing some vague combination. My sense is we’re just bumbling blindly, and sorry to say, I have no answers.