"This isnt a Court of Justice Son,This is a Court of Law"...Billy-Bragg....And in my former "Career"...I saw lots of rich arseholes 'Bend' the Law...
Guys my view is the same as many of you. In fact I am probably more extreme in my views about how we should deal with criminals than most. Collectively we are constantly disappointed by the legal system that Sidney so strongly believes is the best there has ever been but hey what else should we expect from a bunch of people (judges) that are made up from a bunch of people (lawyers) that consistently rate so low in the most trusted professional surveys that we common folk lend our opinions to. Mind you lawyers do routinely rank a teensy bit higher than politicians and car salesmen so it is not as bad as it could be. I do wonder though how many of the professionals that rate so much higher in our trust would have similar opinions of the legal system to ours. I suspect that we are likely to be the silent majority. Civilisation is but a thin veneer and with the right situational triggers, each and every one of us is capable of acting as Maca and 257 Weatherby would.
It takes 43 muscle's to frown and 17 to smile, but only 3 for proper trigger pull.
What more do we need? If we are above ground and breathing the rest is up to us!
Rule 1: Treat every firearm as loaded
Rule 2: Always point firearms in a safe direction
Rule 3: Load a firearm only when ready to fire
Rule 4: Identify your target beyond all doubt
Rule 5: Check your firing zone
Rule 6: Store firearms and ammunition safely
Rule 7: Avoid alcohol and drugs when handling firearms
Civilization is a thin veneer indeed, I completely agree, and thats why the rule of law and justice system are so important, without it everyone (even if an initial victor) is the loser. Perfect it ain't, but if you'd like everything (well most things) settled how the "gangs" do it, and according to a similar outlook . . . . .
If you want to see how it works study a few Careless/Dangerous driving cases, the kid on the footpath is one scenario, but what about the poor bugger who isn't quick enough to avoid hitting a woman stepping out from behind a car on a dark rainy night in a 100 km/h area . . . you want a lynch mob deciding if its your freedom on the line??
I agree with you tentman, but being soft is just as bad, if not worse. The laws the law and should be closer to black and white, than always grey!
Boom, cough,cough,cough
there in lies the rub. This world is shades of grey throughout. Nothing is truly black and white as there is always another side to the story. Truth may be exactly what happened, but what the mind of each person sees will colour the truth through their eyes. they will subconsciously or intentionally form their view of who is at fault and their opinion of what they saw will be coloured by this perspective.
Our justice system is broken. Are there worse ones Definitely. Could ours be better? Definitely. But every system has its own problems and is urs the best of what we can get....Maybe.
Not even close.... that would require the majority of outcomes to be inappropriate, and all you lot are talking about is the headlines, statistical outliers, or your own personal experiences which are hardly statistically reliable and certainly not both sides of any story.Our justice system is broken.
It's no surprise to me that public perspective is distorted, all you know is bad news and no one reports on what functions well. The reality is that on the whole we are well served by the system that we have.
Secondly the amount of ignorance about the role that the courts provide to the community is simply staggering. The lack of understanding of the function of the law, or the roles of the legal profession, let alone the legal requirements to consider issues more than just a victims perspective. Not only is that binding on Judges but profoundly in the interests of the rest of society and for a longer term view...
What is also staggering is the punitive/deterrent mindset of the public in this country. We have more in prison than we have ever had, we have the 2nd largest incarceration rate in the Western world, and the bleaters still can't quite work out that repeating stuff that isn't working is the absolute indication of madness...
There seems to be an underlying perverted idea that if the "justice system" was working then criminals would stop being criminals, hunters would not get shot by their mates, and cars wouldn't leave the road for the footpath with traumatic results. News flash, thats your fault - thats the peoples fault and it starts with individual and community attitudes. Attempting to lay that at the feet of the "justice system" is absolutely missing the point.
Its poor parenting, not caring for your neighbours, not supporting those who need it, not holding your mates and relatives to account for them being dicks, and sitting back and blaming the justice system for the failings.
Convenient but stupid....
@Sidney
You maintain our justice system is not broken? Who, then, incarcerates all those people???
By your reasonable definition, if most incarcerations are inappropriate outcomes, the system is "broken".
I digress, wonder how a justice system would work with no custodial sentencing available. Hopefully more restitution / actual victim compensation, with the odd execution (or exile to Kapiti Island).
An itch ... is ... a desire to scratch
Just because there are flaws, doesn't mean its broken.. incarceration is a tool, but clearly it has been almost the only tool to mitigate the danger to the public and to penalise.
Rehabilitation is a joke when you group criminals together to educate each other how to be better criminals. So too is putting people who may not become habitual criminals or who may have committed some unintended act into a place where they can become something that they may never have otherwise.
That is stupidity and creates future harm for the rest of us.
Now none of this is simple stuff and logistically really difficult.... but I absolutely agree with you that the "making right" part of offending has been forgotten. To try and fix your cock ups is part of being a responsible person... why has society forgotten that....?
Of course sometimes victims can't face that, and it seems harsh to perpetuate their vulnerability in some sort of truth and reconciliation process, so that is not easy either...
I sometimes think that we have forgotten that conflict is a natural part of life, we have practiced conflict avoidance in preference and we are not well equipped to resolve life difficulties because we have not been trained to do so..
Facing up to errors is a part of it, but so to is facing up when we have been wronged... its all part of being responsible...
If a judge sentences someone to a fine of say $500 rather than to pay the victim $500, the system has lost its way.
A custodial sentence for theft is similarly nothing to do with "justice". Similarly, assault victims deserve compensation too.
IMHO community work should be reimbursed at the minimum wage less tax, paid to the victim, until an appropriate sum of compensation is reached.
As for any permanent "criminal record"... not sure who it helps.
On another note, here is Michael Moore's Norwegian vision of how Kapiti Island may be repurposed, the tangata whenua there graciously permitting:
Last edited by Cordite; 18-09-2018 at 10:29 AM.
An itch ... is ... a desire to scratch
It's clear, that everyone here "Is" united in one thing at least; Improvement over whatever it is,that we Do have..World-wide statistics Do exist, the Evidence IS out there, but huge gaps Exist in all of our mind-sets. Any Govt. that tries to implement Any form of radical-change, will get slaughtered by the 'Status-Quo'; our own voices here, are ample evidence of that. We pretty-much rigidly follow the English/Aussie and sometimes US model, we are Not independent in any real way. Even The Reserve Bank has a say in things that we would never dream, that they had any interest-in, or sway over. We now have the American NSA, pulling major strings here, and as in the US, that will eventually lead to an errosion of 'Judicial-Standards'. The somewhat-appearing, 'simplistic and commonsense-world' of our grandparents-era', has long-gone.I mention this, because it is a major game-changer in our Society (NSA), Cambridge Analytica copied their Model, while they in turn,copied J.Edgar-Hoovers model, so anyone that believes this isnt a huge deal Here, is sadly misinformed. They specifically target All people in positions of power and policy-change. The Game is now in their hands (thanks john)..and to get back to our core interests ;"not a shot was fired"
so today we hear of a pervert who over a number of years spent $100,000 towards child pornography sentenced to 4 years jail time...lawyer said he had paid $45,000 to charities fighting to prevent child abuse (presume INVADER)......interesting to say the least....... he still put $55 grand more into doing harm than effort to get off hook by token gesture preventing it.
what would be an appropriate punishment etc be?????? castration and blinded for a start...all funds sent to said charities bar some assets left for his dependants??? maybe the good old "off with his head" would be more fitting????
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