Knife Laws Complicate Freddie Grey Debate
By Samuel Miller
Impunity Watch Reporter, North America and Oceania
BALTIMORE, United States of America
A court fight has emerged over a knife in the possession of Freddie Gray at the time of his death at the hands of six Baltimore police officers. Baltimore State Attorney Marilyn J. Mosby said when announcing charges against the six officers that the knife was not an illegal switchblade under Maryland law. Baltimore police have said the knife violated city code.
The knife has not been shown to the public; as of now, it is unclear which interpretation is appropriate.
In Baltimore, it is illegal to sell, carry, or possess any knife with an automatic spring or other device for opening and/or closing the blade. Baltimore City Code, Article 19, Section 59-22 states: “It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring or other device for opening and/or closing the blade, commonly known as a switch-blade knife.”
Andrew Alperstein, a defense attorney from Baltimore City, commented on the effect of the Baltimore City Code.
“Baltimore City has a law that says it’s not only illegal to have a switchblade, but it’s also illegal to have a spring-action knife.” Alperstein also noted the adding that the charges could have a chilling effect on police doing their job in the future. “The prosecutor has said if you violate the law by arresting these people falsely, then we’re going to charge you with assault for false imprisonment.”
Former Baltimore Deputy State’s Attorney Page Croyder agreed with the assessment by Alperstein.
“You’re setting a precedent that any police officer who arrests without probable cause can not just be civilly sued, but criminally charged.” Croyder also noted the impact such a decision could have on law enforcement. “As long as officers are acting in good faith, to subject them to criminal charges is going to put a chill on the whole police department.”
Under Maryland law, knives without “switchblades” are not considered weapons. Under Code of Maryland, Section 4-105, “A person may not sell, barter, display, or offer to sell or barter: a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife.”
Jan Billeb, executive director of the American Knife & Tool Institute, advocated for greater knife rights in the United States. “How’s a person supposed to know what the law is, and how are they supposed to know that there’s a difference in the law between jurisdictions”, said Billeb.
Doug Ritter, founder and chair of Knife Rights Inc., said most knife experts would disagree that Gray’s knife was illegal.
“It’s ridiculous that someone traveling through a metropolitan area can go through a dozen city lines crossing a metropolitan lines and have to deal with a half a dozen laws regarding the knife in his pocket,” Ritter said. Knife right groups are fighting for state pre-emption knife laws, which would stop towns, cities and counties from enacting knife laws different from what has been approved by the state.
But Maryland law does not specifically define what a switchblade is, leaving courts to make that interpretation.
For more information, please see:
ABC News — Varying Knife Laws Can Confuse Across State, Local Lines — 18 May 2015
Associated Press — Varying Knife Laws Can Confuse Across State, Local Lines — 18 May 2015
Baltimore Sun — Freddie Gray’s knife could be key factor as charges challenged — 9 May 2015
ICTJ | World Report May 2015 – Transitional Justice News and Analysis
Truce Ends, Airstrikes Resume in Yemen
By Brittani Howell
Impunity Watch Reporter, Middle East
SANA’A, Yemen—The five-day ceasefire ended late Sunday night. The Saudi-led coalition resumed airstrikes over Yemen blaming the Houthi rebels for breaking the truce. Yemen’s foreign minister, Riad Yassin, stated, “That’s what we said before – that if they start again, we will start again.”
The United States, a supporter of the Saudi-led coalition, also blamed the end of the truce on the Houthi rebels. State Department representative Jeff Rathke commented on Saudi Arabia’s “exercised restraint during the humanitarian pause” while the Houthis “moved missile-launchers to the border and shelled Saudi territory numerous times.”
Air strikes resumed late Sunday night and continued into Monday. Witnesses reported strikes attacking cities neighboring Aden.
The Saudi-led coalition does not intend to reinstate a cease-fire. However, air and sea ports used for aid relief will not be targeted. Saudi Arabian officials expressed remorse for the end of the cease-fire, blaming the Houthis for its end.
The UN and humanitarian groups urged for an additional five-day truce in order to extend aid to others. During the cease fire the United Nations was able to provide enough food for one month to 273,000 people. Fuel was provided to 1.2 million people to access water. Non-essential items were distributed to 32,000 people.
Yemen is a country of 26 million people and one of the poorest in the Middle East. An extended truce would have allowed supplies to reach others who remain in desperate need as a result of the air and sea blockade. Yemen relies heavily on imports in order to sustain its population.
Unicef was able to resupply medical centers and establish mobile centers to rural areas. Solar-powered refrigerators were also provided in order to keep vaccines cool. A Unicef representative, when commenting on the aid effort, stated, “humanitarian assistance cannot replace the needs of 26 million people who have been cut off from a regular supply of commercial imports of food and fuel.”
Even with the aid received, hospitals are still in great need of fuel in order to continue to operate the generators.
The Saudi-led coalition continues to attempt to re-instate President Abdrabbuh Mansour Hadi. President Hadi was exiled in late March. The efforts so far have not proven successful. The Houthis continue to advance in Aden with no sign of stopping. There is evidence that the truce allowed the Houthis to bring more troops into Aden.
According to the United Nations, since March 1,820 have been killed, 7,330 have been injured, and 545,719 have been displaced.
For further information, please see:
BBC- Yemen Conflict: Saudi-led Air Strikes Resume as Truce Ends– 18 May 2015
Chicago Tribune- Saudi-led Airstrikes in Yemen Resume After Truce Expires– 18 May 2015
Reuters- Saudi-led Air Strikes hit Yemen After Truce Expires– 18 May 2015
New York Times- Saudi-led Airstrikes Resume in Yemen as Truce Ends– 17 May 2015
Ireland Could be First to Legalize Gay Marriage by Referendum
by Shelby Vcelka
Impunity Watch Desk Reporter, Europe
DUBLIN, Ireland–
Voters in the Republic of Ireland are set to partake in a national referendum on 22 May to legalize gay marriage. The measure Ireland will ask its citizens to vote on is whether “marriage may be contracted in accordance with law by two persons without distinction as to their sex.” If the measure passes, it will be the first time gay marriage has been legalized through a national vote, rather than through the legislature or the court system.
The referendum marks a profound change in Irish politics, as the power of the Catholic Church has collapsed in recent years. Although 85 percent of the population still identifies as Catholic, priests no longer have unchallenged authority on political issues. Ireland, a historically socially conservative country, has been “one of the toughest places in the western world to be gay” because of its religious roots. As recently as 1993, homosexuality was criminalized, and was only legalized because of pressure from European authorities.
The changing political atmosphere and growing separation of Church and State has placed religious leaders against political leaders. Though the Catholic Church has not been incredibly active in the gay marriage referendum, they have encouraged Catholics to vote No.
In statements read out during Sunday Masses, the Catholic Bishops challenge claims from Yes activists that the measure would not substantially affect anyone besides members of the LGBT community. The Bishops argue that, while they do not want to alienate or belittle anyone, a Yes vote would abolish the traditional institution of marriage that is fundamental to the sustaining of human life and of a functioning society.
Conversely, the Yes activists argue that Ireland is ready to legalize gay marriage, as the younger generations are more tolerant and accepting.
Besides the Catholic Church, there are very few Irish establishment organizations that oppose same sex marriage. The government, major political parties, media organizations, unions and business groups all support a Yes vote.
Currently, polls show Irish voters favor a Yes vote by 58%, with 25% voting No, and 17% undecided. Although the polls appear solidly Yes, turnout could be an issue for same sex marriage legalization. In 1995, with the referendum to legalize divorce, a Yes vote passed 51% to 49%. Previous to that referendum, the vote showed most citizens favored legalization of divorce. Voter apathy and lack of turnout ended up making the vote that close.
If Ireland votes Yes, it will be the 18th country to legalize gay marriage. 13 of those countries are in Europe, with Slovenia being the most recent in March 2015.
For more information, please see–
BBC- Ireland’s divisive referendum on same-sex marriage— 01 May 2015
Independent–Alan Shatter: The majority of people will support the equality marriage proposal— 06 May 2015
Washington Post– Ireland could be first nation to legalize same-sex marriage by popular vote— 16 May 2015
Al Jazeera– Ireland appears set to say ‘yes’ in gay marriage vote— 17 May 2015
BBC– Same-sex marriage: Catholic bishops pen letters ahead of referendum— 17 May 2015
The Guardian–The same-sex marriage referendum has transformed Ireland before it’s even begun— 17 May 2015