When Is A Robbery Not A Robbery? When The Court of Appeals Is Insane

This one’s unbelievable. In May 1999 a man walks into a convenience store in Iowa at 4:30 a.m. wearing a paper bag over his head, athletic socks on his hands, and tells the cashier “Trick or treat” and then tells her to give him the money. She gives him the cash. He orders her to life on the floor. She does, and he flees the scene only to be arrested later.

James Edward Hearn was convicted of second degree robbery by a jury. An appeals court, however, cleared his conviction on the grounds that what he did in the convience store didn’t meet the legal test of second degree robbery. In Iowa part of the definition of second degree robbery is that the person being robbed has to have a reasonable fear of “immediate serious injury.”

Having worked many overnight shifts at convenience stores during one summer while I was in college, if someone had come in with a bag on his head and socks on his hands at 4:30 a.m. and asks me to give him the money, I’d have been very tempted to take my chances and just shoot him.

Hopefully the Iowa State Supreme Court will do the sensible thing and overturn the appeals court.

Religious Art in Public Schools

The issue of what is and is not permissible religious expression in public schools in the United States tends, unfortunately, to gravitate to the extremes. On the one hand are public schools, typically in the South, who want to prominently display religious texts such as the Ten Commandments in schools. On the other hand are public schools, typically in more Northern urban areas, who try to suppress even the most incidental religious expression of students.

The Associated Press reports about a Syracuse, New York school that wasn’t too pleased with a drawing produced by a kindergartner. The student was supposed to make a poster about the environment to be posted as part of a student display. The student ended up initially drawing a picture of Jesus praying with the message that “Prayer changes things.”

The school said that poster hadn’t fulfilled the assignment, so the boy drew a second poster which,

…included a church and showed two children picking up garbage from the lawn and putting it in trash cans, a man and a woman dropping trash into a recycling bin and a picture of a globe with cutout children holding hands circling it.

Off to one side was a man in a flowing robe kneeling down with both hands outstretched to the clouds above. He was not identified as Jesus.

The school displayed that poster, but only after folding it in half so the Jesus-looking character was not visible. The student’s parents are suing, and if the teachers and administrators altered the sign specifically to hide the Jesus figure because of its religious implications, they were pretty clearly acting unconstitutionally.

Anyway, I find it odd that adults who children look up to engage in this sort of behavior. As some of you know, I’m an atheist and my wife is a Wiccan, and we take our daughter to a day care center that is on the campus of the university we work at — the day care is owned by the university and is therefore a public institution.

Over the summer they had the children create various posters and they hung them on the wall so that any visitor would see them coming in. One child, probably from a Christian family, had created a poster that exhorted the reader to reject Satan, accompanied by relatively technically accomplished depictions of both Satan and the benefits to be had by not following him.

If one of the teachers had drawn such an overtly religious poster, that would have concerned both of us given their position of authority, but the child’s poster was not a concern. On the one hand we’d prefer not to have our daughter indoctrinated by staff members, but on the other hand shielding her completely from any religious views that students have would be equally absurd.

Tuberculosis Cases Continue to Rise

In the 1960s medical authorities thought it was only a matter of time before tuberculosis was wiped out world wide. Instead, government health care systems grew complacent and AIDS led to a resurgence of the diseases and the emergence of drug-resistant strains of TB. Now the World Health Organization reports that in 1999 there were 8.4 million new cases of TB reported, up from 8.0 million in 1997.

If current trends hold, there will be 10.5 million new cases by 2005. Much of those new cases are in the developing world, especially in Africa where the high incidence of AIDS fueled a 20 percent increase in cases of TB.

Tuberculosis is also a major problem in the former Soviet republics. In Russia, for example, there are 30,000 annual deaths from the disease which is believed to be endemic in that nation’s poorly maintained prisons (some estimates claim that 10 to 25 percent of all prisoners in Russian jails suffer from TB).

Sources:

Global Tuberculosis Control Report Summary. World Health Organization, 2001.

Russia faces TB time bomb. Carolyn Wyatt, The BBC, March 24, 2001.

Worldwide threat of TB. The BBC, March 24, 2001.