I must admit, I find the ongoing debate about knives in the UK somewhat perplexing. The leader of the Conservative Party wants mandatory jail time for anyone caught carrying one. Editors at the BBC argue that the problem may be overblown. To me, it seems like what people are missing is the fundamental difference between knives and weapons. Obviously, a knife can be used as a weapon. So can a hammer, umbrella, or fork. While we rightly appreciate that it is illegitimate use of the latter that is problematic (and addressed through laws against assault, uttering threats, etc), it seems important to remember that use-as-a-weapon is aberrant, rather than to be expected.
At virtually all times, I have either one or two small folding knives on me: one on the SOG Crosscut on my keychain and a CRKT Kiss in my backpack. When I am travelling or going into the woods, I will often have a Swisstool X with me as well. Probably the most common uses of these are cutting food and paper, though each has been used in dozens of ways. Knives are ancient, highly versatile, and useful tools - one of the first technologies to differentiate the human species from less adaptive animals. Assuming that I am carrying either as a weapon strikes me as unfair, as well as a reversal of the presumption of innocence. The onus must be on the authorities to prove malicious intent, rather than upon the individual to prove their intentions benign.
On a side note, all of this is very different for guns, particularly handguns. The only plausible use for a handgun is as a weapon. One never goes on a picnic and regrets the lack of one. Restricting the ownership and carrying of guns is an entirely reasonable restriction, as a manifestation of their nature.
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My mother said something similar because she carries at least one sharp knife up to her allotment each day to cut vegetables (and some scary garden shears). I suspect that not many middle class kids get harassed by police as it is & that likely wouldn’t change, but undoubtedly some will get into trouble for carrying normal penknives.
I carried a penkinfe on my keychain throughout high school & was more than once referred to the ‘Head of Discipline’ to have it confiscated - luckily, he carried a penknife too & sent me away good naturedly each time.
I dislike when governments decide to pass a law, then count on the police not to enforce it in circumstances where it is obviously unjust. I recall the British government doing something of the kind a few years ago, with a bill that would have criminalized consensual kissing between people under the age of 12.
“Even teenage “canoodling” is now criminalised under the Sexual Offences Act 2003, which forbids under-16s from engaging in any sexual activity, though police and prosecutors have been issued with guidance to ignore the law where it seems to them appropriate to do so.
A solicitor, writing to this newspaper recently, told how he had to deal with the case of two teenagers arrested on suspicion of mutual indecent assault, following a complaint by social workers. The case was dropped, though the children had to spend time in custody late at night.”
telegraph.co.uk
2004
Your terrifying association with knives is well documented.
Scary Knife Makes for Great Newspaper Headlines
Who can not feel a little chill of fear after reading this: “Britain on alert for deadly new knife with exploding tip that freezes victims’ organs.”
Yes, it’s real. The knife is designed for people who need to drop large mammals quickly: sharks, bears, etc.
I have no idea why Britain is on alert for it, though.
Law enforcement inevitably relies on the discretion of police and prosecutors, because we have neither the resources nor the desire to intervene upon every illicit act. Often the intent of the law is both to “send a message” to the public and to empower the police (and thereafter prosecutors, courts etc) to intervene in severe cases, but nobody intended that the police would intervene in every single case. For instance, taking $5 from your mom’s purse to buy ice cream is theft unless she has given you permission, but almost nobody would recommend criminalising children for such behaviour. In contrast, taking $50 from your mom’s purse to spend on something of which she firmly disaproves and would never agree to fund (eg. booze or drugs) would generally be regarded as a theft worthy of criminalisation.
Isn’t Cameron asking for precisely the abandonment of discretion? “Carry a knife, go to jail.”
That hardly seems in keeping with a tradition of good sense policing, nor with the basic rights that comprise the core of western legal systems.
Isn’t Cameron asking for precisely the abandonment of discretion? “Carry a knife, go to jail.”
I don’t think that’s what Cameron is calling for and even if he were it likely wouldn’t happen because procedures that the police & prosecutors dislike or consider too minor, time-consuming and/or expensive tend not to be fully implemented (eg. the California Three Strikes provisions, the prohibition on drink driving). I am particularly sceptical about enforcing a prohibition on knife carrying because they are unlikely to be noticed by police unless either a) the knife is used to attack or threaten someone, in which case more serious charges than possessing a knife could be made, or b) the police condict a search of the person & their belongings, which is illegal on non-terrorism grounds unless they have cause to believe you have commited a crime. Such searches are also very unpopular with the individuals & communities concerned, and if we were all liable to police searches for ill-founded suspicions of having a knife then there would be public outcry and a spate of legal challenges.
However, these problems are unlikely to apply (at least on a wide scale) because the BBC article on Cameron’s statement indicates that his intent is selective, saying:
‘He urged police to exercise “common sense” by not prosecuting people carrying penknives for angling, or for bringing home kitchen or garden equipment from the shops. “This is about kitchen knives stuffed down the front of tracksuits,” he told The Sun.’
http://news.bbc.co.uk/2/hi/uk_news/politics/7492758.stm