Justice For Famous Criminals And "Justice" For A Mom Who Made A Mistake
The same prosecutor who gave NFL star Ray Rice a pass when he beat his then-fiancée into unconsciousness in an elevator is throwing the book at Shaheen Allen. There's a letter to the editor from Pete Sesnick at mycentraljersey.com:
When confronted with virtually irrefutable evidence that NFL star Ray Rice beat his then fiancée into unconsciousness in the elevator of an Atlantic City casino, Atlantic County Prosecutor James McClain, through his magnanimous tolerance and generosity, allowed Rice to enter a pretrial intervention program, thus avoiding jail time. And if Rice stays out of trouble for a period of time, he'll have his record expunged. Darn kind and understanding of the prosecutor, but there's a larger tragedy associated with the Ray Rice domestic abuse incident.Consider the case of Shaneen Allen. Allen is a single, working mother of two young children and Philadelphia resident who, in 2012, obtained a permit to carry a concealed firearm for her and her children's protection. She even attended and passed an NRA firearms safety course.
But last October, Shaneen Allen made a mistake. She traveled from Pennsylvania to New Jersey with her loaded firearm concealed in her purse, assuming that her Pennsylvania permit was valid in New Jersey -- just like her Pennsylvania driver's license is. Unfortunately, when Ms. Allen crossed the Delaware River into New Jersey, she became a felon under New Jersey law. New Jersey does not recognize the validity of any other state's concealed carry permit. There is no reciprocity.
She's now facing a mandatory minimum sentence of three years -- no possibility of parole -- in state prison.
She committed no violent act. She did not intend to commit any violent act. She simply made a mistake and honestly admitted to it.
But Atlantic County Prosecutor James McClain is not so tolerant of crimes by non-celebrities:
He will not allow Shaneen to enter PTI. McClain is apparently determined to send her to prison.Granted, ignorance of the law is no excuse, and Allen made an unwarranted assumption then failed to confirm her belief by examining the applicable New Jersey statutes. But what is to be gained by sending her to prison for three years? Given what Shaneen's been through during the last several months, she will surely never make the same mistake again. I wouldn't blame her if she never set foot in New Jersey again. So tell us, Prosecutor McClain, what possible motive can you have for taking Shaneen Allen "to the wall," while allowing Ray Rice to walk?
What purpose does putting this woman in a cage for three years serve? Will she be a better citizen for it? Will her child be better off? Shouldn't punishment serve some purpose?
via @radleybalko
Or did I miss some recent development in the story there.
Chris Rhodes at August 8, 2014 7:11 AM
Ignorance of a law that doesn't make sense or apply in similar conditions in a similar cultural and geographic area shouldn't necessarily be a felony that puts you in jail for years. Mens Rea should have to be a part of prosecutions for these kinds of cases where, yes, she broke the law, but she broke the law while trying to do the right thing!
spqr2008 at August 8, 2014 7:56 AM
If the fat man has national aspirations he should commute Ms. Allen's sentence. That's assuming the fat man would be running as a Republican.
Shtetl G at August 8, 2014 8:13 AM
Well too bad the double standard thing (men/women or famous/not famous) hasn't ended in America, like we ended that pesky racism thing.
And what does Chris R know that we don't? Can he maybe clear up that Ray Lewis thing too?
DrCos at August 8, 2014 9:41 AM
"Granted, ignorance of the law is no excuse,
Why not? there are millions of them these days
lujlp at August 8, 2014 12:37 PM
The general firearms owning public, including concealed carry permit owners, have very little knowledge of firearms and the law as there are 20000 plus laws to contend with in the USA. What is her fault is failing to do even five minutes of research on the net:
http://www.usacarry.com/concealed_carry_permit_reciprocity_maps.html
A firearms owner needs to know the law at it applies at home, outside the home (transporting) and at a destination in transporting one from home. You better have a legal destination when transporting a firearm that you can tell a cop, or he will confiscate it even if you are doing everything legally. Have fun getting it back even if you broke no laws: (California as an example)
12021.3. (a) (1) Any person who claims title to any firearm that is
in the custody or control of a court or law enforcement agency and
who wishes to have the firearm returned to him or her shall make
application for a determination by the Department of Justice as to
whether he or she is eligible to possess a firearm.
State Rifle/Pistol Associations normally put out booklets covering firearms laws within their particular state.
Jay J. Hector at August 8, 2014 4:18 PM
"If the fat man has national aspirations he should commute Ms. Allen's sentence. That's assuming the fat man would be running as a Republican.
Posted by: Shtetl G at August 8, 2014 8:13 AM
You cant commute a sentence, or pardon someone until they have actually been sentenced. There has been no trial yet.
What the governor should be doing is leaning on the prosecutor to drop the case.
Isab at August 8, 2014 6:25 PM
Hey, New Jersey!
I'll say something Floridians have known for years:
You Suck.
Radwaste at August 8, 2014 7:35 PM
Typical of New Jersey.
Oh, give me a home
Where the criminals roam,
Where the rapists and murders play;
Where often is seen
a discouraging scene
of greed and corruption displayed.
parabarbarian at August 9, 2014 7:17 AM
So here's a question for the lawyers here. Why are concealed-carry permits issued by one state not valid in all states, per the Full Faith and Credit clause of the U.S. Constitution?
Cousin Dave at August 11, 2014 7:48 AM
The reason is that various states have different training requirements and the anti-gunners have had a large say in the crafting of gun laws. California, New York, and New Jersey are very strict about concealed carry, and are may issue states. In other words you have to know and blow the right person to get a CCL.
Then Pennsylvania has very lax training requirements. It's like two hours classroom and two hours range time.
Then other states have a 4 hour class and up to 4 hour range or worse. Florida and Arizona have the most states with reciprocity but don't overlap. So a lot of CCW holder will have a license from their home state and then also have Florida and Arizona CCW as well.
But there is no standard among all the states for CCW like there is for stop signs and lights and the rest of the road signs.
Jim P. at August 11, 2014 12:03 PM
Ignorance of the law is the perfect excuse, how in the flying fuck is a person supposed to know the millions of laws on the books? What ever happened to the basic requirement of Mens Rea, the guilty mind, the knowledge that you were committing a criminal act?!
Robert at August 12, 2014 12:52 AM
Jim: But there are differences in traffic laws between states. E.g., "right turn on red" (that is, that you can treat a red light like a stop sign when turning right) is legal in most but not all states. Furthermore, you cited differences in training requirements for gun permits; there are also great differences in the training required to get a drivers license. Yet drivers licenses are valid in all states.
Or consider marriage. If you really want to marry your first cousin, you can take up residence in one of the few states that allows this - and when you move to a state where it isn't allowed, no one is going to question whether you are married.
markm at August 13, 2014 7:18 PM
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