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THE “POVERTY EXCEPTION”TO CRIMINAL RESPONSIBILITY Part 2

This article was provided exclusively to the New York Analysis of Policy and Government by Judge John H. Wilson, (ret.)

During the recent riots and looting after the death of George Floyd, Chicago BLM activist Ariel Atkins stated “I don’t care if somebody decides to loot a Gucci’s or a Macy’s or a Nike because that makes sure that that person eats. That makes sure that that person has clothes…(t)hat’s a reparation…(a)nything they want to take, take it because these businesses have insurance.”    She later expanded on these remarks, claiming that “The whole idea of criminality is based on racism anyway…(b)ecause criminality is punishing people for things that they have needed to do to survive or just the way that society has affected them with white supremacist BS.” 

While Ms Atkins opinion may seem extreme, her view has gained ground in the past few months.  Writing for The Nation, RH Lossin states “(n)othing symbolizes the exclusion, deprivation, and gross class inequality that characterizes our current economic system more perfectly than the luxury stores looted in New York City’s SoHo district…(g)iven that capitalism largely restricts pleasure to the consumption of goods, we should be able to entertain the idea that this taking of unnecessary things—while not a recognizably political act—is understandable or even a justifiable.” 

Most recently, in line with this desire to legitimize criminal activity as a justifiable reaction to poverty, the Seattle City Council is “considering a law that would excuse suspects from most misdemeanor crimes if they can be linked to poverty or mental illness…’In a situation where you took that sandwich because you were hungry and you were trying to meet your basic need of satisfying your hunger, we as a community will know that we should not punish that,’ Anita Khandelwal, King County director of public defense, told the station. ‘That conduct is excused.’” 

Yet, as we discussed, there is no real need for anyone to take a sandwich, or any food, to satisfy their hunger, nor to loot a business to put clothes on the backs of themselves or their families.  That being the case, then what is really behind these efforts to excuse and justify illegal activities?

One explanation can be found on the website, Marxist.com; “Black Lives Matter protests have broken out across all 50 states in the USA following the police killing of George Floyd in Minneapolis. The comrades of Socialist Revolution, the US section of the International Marxist Tendency, have been intervening in many of these protests, fighting on the frontlines alongside workers and youth of all races against the oppressive capitalist system and its murderous state. Only socialist revolution can end racism for good!” 

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Further, as described by Mark Thornton, a Senior Fellow at the Mises Institute, the recent looting and riots are in line with “the ideas of French philosopher, Georges Sorel, who thought relentless violence should be used against the institutions of capitalism. This would include the “general strike” so familiar in Europe to this day. This is in direct contrast to mutually beneficial exchange and the social cooperation of the division of labor. His ideas were influential with Marxists, fascists, Nazis, and advocates of unionism.” 

Thornton goes on to describe these activities as “syndicalism,” that is, “direct violent revolutionary action against the institutions of capitalism, such as security forces, property, particularly business property, and the rule of law. This approach is often adopted by Marxists, socialists, and fascists as a means of gaining power. At the root of the chaos and upheaval on our streets is an attempt at disrupting society and taking more control of it by Marxists, socialists, and ‘anarchists.’”  Thus, “(t)he riots, looting, and violence against people and their property is mostly motivated to achieve Marxist ideals via syndicalist activity (i.e., violence). Those employing these means include Antifa, Black Lives Matter, and especially the ‘anarchist provocateurs’ who adeptly turn peaceful protests into violent riots.”

There can be no doubt that Marxist “change agents” such as Ariel Atkins and the members of the Seattle City Council are actively fostering the myth that poverty has been criminalized by our society, and that the only way to achieve justice and equality is to halt the prosecution of these alleged crimes of poverty – including the looting of high-end retail stores.  Clearly, many Democratic mayors and governors have adopted this thinking, and have refused to enforce the law as written.

There is an enormous danger presented to our system by this way of thinking.  It is one thing for a young prosecutor or a French writer of the 19th century to feel compassion for someone in dire straits.  It is another for a society to ignore and outright reject the rights of business owners to security and access to law enforcement.

Illustration: Pixabay