I recently posted a blog column about the increasing appearance of graffiti in national and state parks — and the need to ramp up punishments to deter this defacing of our natural wonders and wilderness. The last story concerned Andre Saraiva, an internationally known graffiti artist, who “tagged” and bragged about his own defacing of nature. He spray painted a boulder at the Joshua Tree National Park. Now authorities are looking for a teen who spray painted a rock face in Idaho to impress a girl and get her to go with him to the school prom. It should not be too different to investigate this particular crime, but the question remains the punishment that should be meted out.
The teenager painted the message “Destiny, Prom?” on the side of the Black Cliffs, in a popular rock climbing spot in Boise. Such acts remain misdemeanors, though that can result in up to six months in jail and a fine of $1,000.
As I noted earlier, there is a need to increase punishment to overcome a lower detection rate for these crimes — the relationship between punishment and detection is at the heart of deterrence theory. In my view, people have to go to jail more regularly to deter this crime. I feel the same way about the two Americans who recently defaced the Roman Colosseum. I also strongly believe that the Italians and other government need to release the names of such people.
However, the fact that this is a teenager would weigh in the balance. I still believe that a short jail time might be instructive but I draw a difference between a stupid, love-struck kid and a vanity-driven adult like Saraiva. Even for the teen, there should be a sanction (at least a long community service at the park in cleaning up areas) and a heavy fine if we are going to deter this crime. The victim is not simply the public but the ultimately voiceless victim in nature itself. Absent a serious deterring punishment, this type of defacement will continue — fueled by adolescent carelessness and, in the case of Saraiva, all-consuming narcissistic vanity.
By the way, Destiny, this guy is a total loser. You have better options, even if it means taking your Dad.
Kudos: Professor Roger Schechter
Source: NY Post
Ponacrates: I suppose your favorite Presidents are on Mt. Rushmore. Send us your real name and my friends here in New Orleans will enshrine you on shithouse wall.
For, not fir.
JT mentions possible jail time or community service. How about restitution? Yep, restitution. Whatever the costs are of cleaning up this mess, that is a required part of the punishment. Why do I, as a taxpayer, have to foot the bill fir his idiocy? I shouldn’t. He doesn’t have the money? Tough. Have mommy and daddy take out a second mortgage on the house and pay the costs to clean up this $hit. I’m not so sure that they aren’t legally responsible, anyway. How old was he exactly? The article only mentions TEENAGER. Actions have consequences. Ban him from the prom and require community service in the form of lecturing other kids about not destroying or defacing our planet.
Nick
JT’s personal ingredients regarding graffiti in the great outdoors is understandable. I sailed for many years in the waters around Victoria, the Gulf Islands, and there about. I grew to hate the a##holes in the huge launches and cruisers with names like ‘Rye and Seven’, etc. Noise, pollution, floating beer cases, etc do not come from sailboats. I wouldn’t throw them in jail for flushing in port. When a big furry turd floats by, it came from the ‘Rye and Seven’. I am surprised to read his arguments for jail time in two articles about graffiti.
Regarding the police issues. It may be a result of frustration, cameras, or the autocracy of the multitude of police fiefdoms in this country, but whatever it is the actions illustrated by the police in the recent videos show a desperate need to address this problem before it gets worse. The fuel for it getting worse is the acceptance in any way whatsoever of this conduct. Whether it be training, higher pay, or whatever, JT’s surfacing of this unacceptable behavior is much needed.
JT is a lawyer and lawyers tend to see things in terms of black or white and not so much in the grays. In order to prevail as a lawyer one must believe in the absolute. Targeting a degree less than 100% typically leads to losing. The reality of the situation is that society functions in the grays, the interpretations, the situations, conditions, and reasons why. It was the absolute perspective that ruined countless thousands of lives in this stupid war on drugs, another issue where America could learn from its peer nations.
I realize that this bugs you and elicits responses from you that I don’t know what it means to be an American, that the way(s) other people do things are not the intended way in America. However, I believe that the founding fathers intended Americans to be strong enough to repair themselves regardless of where the examples were. They intended America to be strong enough to avoid the crutches of tradition when something was not right. Americans have been weak this way but eventually strong enough to change. I believe that Americans are people like the rest of the world’s population first and that when that reality is overshadowed by perceptions of the holier than thou syndrome, we fail the founding fathers and their intentions. Look at the results of the holier than thou syndrome today in this world.
A bucket of water, a toothbrush and a video camera. Then have him talk to those who come to the park about responsibility to protect natural setting. Community service or jail time until nature naturally wears away the paint in about 150 years. I bet he would take community service. But then again in jail he would be able o get a date, just one he does not really want.
Nick means Althouse.
Fragile like Laura in Tennessee Williams’ The Glass Menagerie, tending to troll her own commenters when her cognitive dissonance is exposed.
Poncrates, LOL!! But, here’s the thing. While JT is big on civility, he can take a punch. There are many blogs, particularly legal blogs, where the blogger is thin skinned. JT can take a punch. Probably from being a Cub/Bear fan all his life.
A rock tagged in Idaho? A brick scratched on the Coliseum?
Oh the Humanity! The end of civilization is surely upon us!
You know, for a such a staunch defender of free speech protections generally, the good professor sure does go all Neanderthal when it comes to expressions on stone edifices.
I guess we should call this the Fred Flintstone exception to the 1st Amendment?
A Liberal here says that he be made to clean outhouses. I am not talking about the seat, floor and counter. I mean the holding tank. Drop him in with a bucket on a rope and a small shovel. When it is all clean then on to the next one. Fifty outhouses. Or let him choose fifty lashes with a bull whip to the rear end. No more proms. His mom gets her forehead spray painted with a message: “I am mom of one dumb jerk.” If they live in Utah then the sign should add the word “off” to “jerk”.
What, too soon?
I’d paint over it with the tagger’s blood.
But that’s just me.
Taking a quick look @ the manic commenting on todays cop hating post, it seems like a good one to avoid!!
Isaac, I believe you are correct on the personal aspect of graffiti for JT. I would love to know about the cop hating thing. My best guess is growing up in Chicago which has one of the most corrupt and thuggish police forces in the US. The city just approved on Wednesday a $5.5 million settlement for the torture, and it was torture, of suspects. I would expect a post about that. But, JT certainly does seem obsessive of late.
Solution. Send the spray paint artists here for correction and see if these natives like it.
He should clean it.
Punishment ? That is your solution ? How well have you seen that work ?
This little paint job will last years, years, years, and more years. I will be dead, indeed if the kid the kid that did this lives to be a hundred, he will be dead before it is gone. Jail time? perhaps not as JT pointed out, but certainly many long hours cleaning up parks. We could go a long way to relieving our jail population of we let people go who are in for drug possession charges. Then legalize drugs and treat it like the health issue it is. But that is a topic for a different post, in the meantime, visit http://www.leap.cc
Wait, I thought graffiti artists were unsung heroes of modern art?
I mean people pay bucketloads of money for a Banksy piece.
And geez, the downtrodden inner city youth tagging the local dry cleaners is just expressing himself about his rage against the white privilege machine, amiright?
Gosh, now I don’t know what to think.
Is it that spray-painting nature is inherently different than tagging the asian lady’s nail salon?
What’s a liberal supposed to believe here?
What’s the proper stance to keep me in the brand?
Cognitive dissonance = feelbad.
Make it stop!
http://i.huffpost.com/gen/1523065/thumbs/o-BANKSY-WEST-BANK-570.jpg?2
This, and the previous, article on graffiti in the great outdoors illustrate two elements of the human condition. Firstly people are, sometimes, stupid or simply don’t think. Painting a pot leaf on the water tower, graffiti, or carving initials into Oak Trees has been going on for so long that it is more often than not included in Americana. The ‘good boy’ carves his name in the school desk, park Oak Tree, etc to register his affections for Mary Sue. This ‘stuff’ ranges from an almost revered act to what can be considered wanton destruction of property.
Secondly there seems to be an overriding aspect to Turley’s vehemence regarding this activity. He likes to hike. Turley should ask himself what his reaction would be if he wasn’t such an avid hiker. Would he send Bobby Joe to jail for being stupid and trying to get a date with Mary Sue? Or would he put things in perspective and include intent, permanence of damage, and the age of the ‘criminal’.
Perhaps the stupidity of defacing the pristine wilderness should be community service in established operations to clean highways or other public spaces. Forfeiting part of a summer vacation would be more appropriate and with enough publicity help to thwart others.
I find it difficult to understand that Turley would recommend sending this youth to jail in this country which stands shamefully at the top of the progressive societies in this world regarding incarceration. The unfortunate attitude in America for the past, well, too long while is to throw people in jail for anything. Lives have been and are continuing to be ruined for offenses that may be legal soon. Yet the defacement of our nature goes on in strip mining, polluting, etc. Thieves run rampant and free in our economy and are sometimes given the keys to the henhouse.
So you’re a hiker. When you see some spray painted initials and the perp has flown the coup, take a pill so that you won’t ask for jail time when one is caught.
Reblogged this on rennydiokno.com.