Open Mike: The Unruliness of Assumptions

Life in these United States
I read recently in our regional newspaper that a local man has been accused of a crime and isn't quite sure why. He took several cans of food from near the door of a local civic organization, from a bin intended for collecting donations of canned food for the poor. The surprised man explained to the police that he was in fact poor, and also hungry, and he assumed (not unreasonably, really) that the food in the bin was meant for people such as himself.

He was arrested for theft and put in jail.

I wondered if I should offer my services to the public defender, in my capacity as an editor, to explain helpfully that a sign that says "Food for the Poor" doesn't actually as a matter of language specify that the food must be put into the bin rather than be taken out. It is only an assumption in the head of a given reader that makes one or the other meaning seem plain as day.

I imagined marching to the court to be a beacon of light with my copy of Empson's Seven Types of Ambiguity under my arm. Editors needed everywhere.

But I had a vague insight that if I got involved, I might end up in jail too. Somehow. I decided to keep out of it, since I was already out of it and thus not threatened by the unruliness of anyone's assumptions.

I reasoned that the food "thief" is getting free meals in jail, courtesy of the county, so all is, if not well, then well enough.

Mike

"Open Mike" is the off-topic Editorial page of TOP, where we allow Ed. even freer rein.

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(To see all the comments, click on the "Comments" link below.)
Featured Comments from:

Dave Levingston: "Reminded me of the old story of the guy stopped because he was tossing trash out of his car. He couldn't understand what the problem was since he had just passed a sign that said, 'Fine For Littering.'"

Stan B.: "There's at least one country that has a more enlightened view."

Mike replies: Now that's very interesting, and what could be more Les Misérables? Although they did spend an awful lot of resources establishing a pretty simple principle. Christ or Pope Francis would have gotten to the same place a lot quicker.

Dogman: "I was served a subpoena recently to appear as a witness in criminal court. I was confused since I felt I had witnessed no crime. Eventually I figured out what this was all about but I was still unclear as to why I was being called as a witness for the prosecution when what I had witnessed didn't appear to be illegal at all. So I spent a confusing afternoon in court, still unsure of what was happening. I was eventually released, still confused, without being called to testify or receiving any explanation from the prosecutor.

"For some time now I've felt the reason so many people have so little respect for the legal system is based on confusing and ambiguous laws that essentially appear to make everything illegal. After spending an afternoon in the local city criminal court, I'm now certain of this.

"Admittedly, I don't know the details involved in this story. There might be more than was originally reported and that could have led to the man's arrest. But taking the information at hand, a poor and hungry man takes food from a box of food meant for the poor because he's...well, poor and hungry. In a simpler but wiser time, no one would have called the police, no police officer would have ever made an arrest, no police supervisor would have allowed the man to be jailed and no prosecutor would have pursued prosecution. Somewhere along the line, someone would have displayed a little compassion."

Mike replies: And speaking of novels, your experience sounds more than a little Kafkaesque. The Trial I think it was?

Anyway we gotta get back to photography.

GKFroehlich: "Imagine how long some road trips would take if, every time you saw a road-side sign that said 'Clean restrooms,' you complied!"

Speed: "Re 'I had a vague insight that if I got involved, I might end up in jail too.' A 'chilling effect' describes a situation in which rights, such as free speech, are threatened by the possible negative results of exercising these rights. The effect is to silence criticism and freedom of expression, even in cases where criticism is perfectly valid."

Alan Carmody: "Re 'I had a vague insight that if I got involved, I might end up in jail too.' Fear not. People appeal to judges all the time, and chip in with letters, advice and pleas. Fear not, unless you've thrown in the towel and decided that we've gone the way of Soviet Russia."

Geoffrey Heard: "Assuming he was actually poor, as you correctly point out, he was not a food thief, he was simply someone who took the sign at face value and accepted the helping hand offered. I think you should have stepped up, Mike. At least it would be an experience worth looking back on.

"I interfered in a brawl here the other night in which a young guy was set fair to be beaten and kicked to death. A few days later, my neighbors who were involved are quite happy with me; their wives and mothers and whatnot have pointed out to them that if they had killed the guy or even hurt him more badly than he was hurt, they would all be set for long terms in jail. I am seen now to not only have saved the victim but also the attackers!"

Comments

[Del Bomberger]

So if you call the poor hungry fellow "thief" have you already convicted him?

[David Zivic]

If all you say is factual, I would assume the DA and/or Judge would dismiss the case and getting involved is a sometimes I do and sometimes I don't kind of thing. I live in Mexico and saw the local police roughing up somebody while they were arresting them. I stepped up, and in spanish, said tht they didn't need to be so forceful. Assuming I was a foreigner, because I look and talk like one they arrested me for interfering with law enforcement. I finally convinced them I was also a Naturalized Mexican citizen and I got released in the morning......as in spending the night in a Mexican jail for attempting to good samaritan gesture. In this case of "ambiguity" a few cans to feed his family who wondered where he was would be a travesty and a gross mis-understanding, but if he snuck up and "stole" a few cans to trade for drugs.....well that would be sad. Did I see an Anthony Bourdain thing on a heroin issue in your NY neck of the woods ?

[Jay Yocis]

FYI:You like 'm both, right. Now you get both, sort of.

http://www.wsj.com/video/the-fiat-124-spider-now-that-not-italian/840EA9D7-BE66-44CE-B85F-1D27F5BE709E.html

[P@L]

Not a long time ago a similar case came to an end in EU when Italian Supreme Court exonerated from guilt a homeless men accused of stealing $6 worth of food from a store ... he was initially sentenced to six months in jail and a €100 fine, but as court noted ...Stealing small quantities of food to satisfy a vital need for food did not constitute a crime ...

http://www.bbc.com/news/world-europe-36190557

[Steve D]

I confess that I'm befuddled by your logic. Assuming the story has no nefarious twists (a distinct possibility I'm sure) then putting aside your charitable instincts and NOT stepping forewarned on the assumption that he'll get "two hots and a cot" regardless of his legal status is hardly noble on your part. By all means get involved or not as you see fit. Free choice and all that. But if you had the instinct to begin with.. well hey.. charity and nobility mean different things to different people.

[Bill Tyler]

There's something very sad about the thought processes behind this story. (Not yours, Mike.) The whole premise is an inversion of priorities. The reason we have organizations that deliver food to hungry people is that it's usually a more efficient distribution system than requiring each charitably inclined person to run around locating a recipient. But what could be more direct than what this fellow did, and more in line with the ostensible purpose for which the food was being collected? Crazy, just crazy.

[Harold]

I assume he was arrested for bypassing 'The System'.
Food is collected actively or passively by volunteers, the army of grey or painted haired Ladies from town. Giving meaning to their lives or for filling higher religious purpose. They distribute it evenly, equally, justly. 'This week 3 eggs for Jessica with her 4 kids, she did get 4 last week.''extra oatmeal cookies for Heather, her lil one has his Bday this week'.....
So don't ever try to bypass 'The System'.

[Jim]

It seems that the blame for this injustice first goes to the organization collecting food for the poor if they called the cops on the unfortunate man involved. That surely disqualifies them from being called a "charity."
Secondly, practically every police car in America has the slogan "to protect and serve" on it - which only applies to well-off people who are not members of some minority - which includes the poor - but the poor are rapidly growing in numbers so they will soon no longer be a minority.

[Alan Carmody]

Fear not. People appeal to judges all the time, and chip in with letters, advice and pleas.

Fear not, unless you've thrown in the towel and decided that we've gone the way of Soviet Russia.

[Speed]

Mike wrote, "But I had a vague insight that if I got involved, I might end up in jail too."

A chilling effect describes a situation in which rights, such as free speech, are threatened by the possible negative results of exercising these rights. The effect is to silence criticism and freedom of expression, even in cases where criticism is perfectly valid.

http://rationalwiki.org/wiki/Chilling_effect

[Rube]

That is one reason I stay out of the USA, although I was born in Chicago. I do spend summers on Van Isle, BC (a great place for photographers BTW) and can see Washington State, across the Juan de Fuca, but that is the closest I venture to my home country. Your story helps explain why.

Rube

[JF]

I don't know more than what you described but it is a very sad commentary that they even arrested the guy. We need to come up with a different name other than "Justice System". It seems that justice is a very small part of the system these days.

[wts]

@ David Zivic: Greenfield, MA "The Sad Reason Anthony Bourdain Was Filming in My Hometown: America's heroin epidemic—and what lies beneath it"
http://aleteia.org/2014/11/14/the-sad-reason-anthony-bourdain-was-filming-in-my-hometown/

[John Robison]

When I hear such stories the first thing that pops in my head is the last spoken dialogue in the movie The Bridge Over the River Kwai. Let's see....oh yes; "madness.....madness"

[Earl Dunbar]

@ Rube - I hear you; I'm looking to move back north as soon as it is feasible.

[JWNova]

Recently I went over to my local golf course to work on my putting. When I went to the practice putting green I noticed a young gentleman chipping onto the green. I pointed out the "No Chipping on this green" sign that was 6 feet from him. He looked at the sign, thought for a moment, and said "it says no chipping on the green not no chipping onto the green." A lawyer maybe?