Firearm Offences and punishment - Grandmother versus Police Officers

[Cromlech]

Grandmother jailed over WWII 'family heirloom' pistol

A grandmother has been jailed for five years for possessing a "family heirloom" World War II pistol.

Gail Cochrane, 53, had kept the gun for 29 years following the death of her father, who had been in the Royal Navy.

Police found the weapon, a Browning self-loading pistol, during a search of her home in Dundee while looking for her son.

She admitted illegal possession of the firearm, an offence with a minimum five-year jail term under Scots law.

Note that there was no ammunition with/for it.

Now take a look at this (update from today) story that I have just seen pop up on the BBC site:

Suspended terms for gun sale Durham Police officers

Two Durham police officers who sold on guns which had been handed in to the force for safe disposal have been given suspended prison sentences.

Pc Maurice Allen, 47, and Pc Damien Cobain, 41, had admitted misconduct.

The pair were arrested in February 2009 when officers investigating a gun theft were told it had been bought from police.

Allen was sentenced to 51 weeks, which was suspended for two years, and Cobain to 40 weeks, suspended for 18 months.

Now I know that handguns are particularly bad Ju-Ju over here, and that a minimum sentence is in place, but I simply cannot get my head around this.
A woman with a hand-me-down pistol (that she kept stored away with no ammo) has received a harsher punishment than two Police Officers who abused their positions of power to not only steal firearms from Police storage, but to then sell them on!

5 years for one person, suspended sentences for the crooked cops. 

[vaskidmark]

But the coppers cannot be incarcerated at all, as their very lives would be in jeopardy.  We all know this, don't we?

And as for Granny?  If you look further into her dossier (she does have one, doesn't she?) I'm sure you will find she has yelled at the local yobs about staying out of her garden and maybe even waggled her umbrella at them a time or two.  Why, she's just a ticking time bomb!

No - seriously, this is why so many of us refer to your country as (formerly)Great Britain.  I won't even call it Airstrip One any more - I'm just not sure I could trust the folks running the asylum to remember whose side they are on.

stay safe.

[HankB]

Ah, but the crooked cops work for the Crown.

That's all the difference in the world . . . peasant.

[Hawkmoon]

Some ordinary citizens are just less ordinary than other ordinary citizens.

If it'll make you feel any better, I'm quite certain the result would be the same in most U.S. cities.

[Cromlech]

If it'll make you feel any better, I'm quite certain the result would be the same in most U.S. cities.

Yeah, I suppose I shouldn't be too surprised about that part.

Ignoring those two goons, the 5 year minimum sentence for the lady bugs me. In a case like this where common sense can (should) be used, we have a non violent crime, committed by a grandmother, who as far as I can tell has no priors (not mentioned in the article at least).

[roo_ster]

Yeah, I suppose I shouldn't be too surprised about that part.

Ignoring those two goons, the 5 year minimum sentence for the lady bugs me. In a case like this where common sense can (should) be used, we have a non violent crime, committed by a grandmother, who as far as I can tell has no priors (not mentioned in the article at least).

That's how it looks from my perspective in Texas.

[RaspberrySurprise]

Some pigs are more equal than other pigs, especially the pigs with badges, I use pig not as a cop pejorative but more to refer to their boorish behavior.

[HankB]

Some pigs are more equal than other pigs, especially the pigs with badges, I use pig not as a cop pejorative but more to refer to their boorish behavior.

"All animals are equal, but some are more equal than others."  - Animal Farm, George Orwell

This kind of crap is becoming more common all the time, and then they wonder why the public's respect for LEOs has plummeted. 

[seeker_two]

Laws for thee...not for me.....

[RevDisk]

"All animals are equal, but some are more equal than others."  - Animal Farm, George Orwell

This kind of crap is becoming more common all the time, and then they wonder why the public's respect for LEOs has plummeted. 

Respectfully, it is not LEO's that get this treatment.  It's pretty much anyone of "higher status".  Cops, judges, prosecutors, politicians, celebrities, etc.  Short of something virtually impossible to cover up or unusually intensive scrutiny, they have, do and will receive a lighter touch.  See the celebrity (Lindsey Lohen, I believe?) thread of the "lady" caught doing various illegal drugs and behavior, for which she gets a very mild slap on the wrist in response for not complying with an even more mild slap on the wrist.

Any person of a "normal" status gets the normal treatment.  Even if they are innocent, they'll likely be bankrupted.  Professional scumbags don't exactly get coddled (usually), but there's not enough of a push to keep them locked away forever.  Our legal system isn't an effective deterrent if you have no significant assets nor societal status to protect.

[tokugawa]

This is the sort of crap that happens when we make Objects the subject of laws, rather than Actions. It would be revealing to explore what crimes against persons would result in a five year sentence. What would a typical sentence for assault and battery be?

[Cromlech]

I'm not sure what kind of sentence that would be really. Iain or Fosbery might be able to shed some light on it.

[MechAg94]

I was thinking that most cases I have heard of in the US where LEO's or officials are caught in actual criminal conduct or admit to it, they normally get decent sentences.  The officer in Oakland got 15 years for manslaughter.  What I think gets a soft touch or no penalty are the cases where it is more difficult to say they did the crime red handed or local officials can hide behind "police procedures" and such.  The case in Atlanta of the cops in disguise shooting the man in the SUV comes to mind.  
That said, for the first group, I don't know of any good comparison to say if the sentences are better or worse than normal.  They should be worse.


As far as Britain goes, isn't that the Norm in Britain for criminal prosecution?  If someone a bonafide criminal, slap their wrist and let them go.  If they are just an ordinary citizen, lock them up and throw away the key.  It seems I have heard of lots of cases like that over the years.  Will those two officers get their jobs back?  Do they still get to take all their mandatory vacation?

[Balog]

What about the cop in.. Alaska I think? Stole weed from the evidence locker, smoked it, then called 911 saying he was "OD'ing." Iirc he got fired, but never prosecuted for either smoking it or stealing evidence.

[MechAg94]

I guess I don't know what the laws are in Alaska on weed and what the penalties are.  You would think stealing evidence would be something they would prosecute.  

I guess there are examples both ways.  Hard to say what the overall pattern is.  If there is favoritism, I would guess it is not a new phenomenon (wow, spelled that right the first time).

[Iain]

No idea about assault and battery, but the above 5 year sentence can be what results from a populist call for stiffer sentences and discretionary powers being removed from judges. The judge had to sentence her to 5 years, he had no choice. The coppers wouldn't have been selling on handguns. These things aren't going to improve with Derek Bird and Raoul Moat.

[Tallpine]

A slap on the wrist used to be painful.