Justice

miseeire

Is there anything than can be done to remove the inconsistencies that abound in law in Ireland and the uk and probably worldwide.Is it right and proper that 1 person should make a decision on the sentence a convicted person should receive?What if a defendant should give a "dirty"look at the judge or if someone who resembles the defendant did something to the judge some time previous.I remember a few years ago where a "gentleman"raped a deaf woman and was released but subsequently got a jail sentence for spitting in the direction of the woman at a train station.What if a judge had a bad night's sleep,kept awake by noisy neighbours,and wanted to vent his anger on whoever was available.I am sure there are very good,compassionate judges but is the system totally fair,both for the victim and the accused?I welcome your thoughts.

darragh666

Having a sentencing system with no flexibility would probably create more injustices. We are a society that belives in redemption. If two people commited the same type of assault and one person did it for kicks and felt no remorse, where as the other made a genuine mistake in judgement and regretted it. I see no point in giving them the exact same sentence.

Kosseegan

Sentences can be appealed, so the risk of inconsistency is reduced.

Reloc8

miseeire wrote: »

Is there anything than can be done to remove the inconsistencies that abound in law in Ireland and the uk and probably worldwide.

No

miseeire wrote: »

Is it right and proper that 1 person should make a decision on the sentence a convicted person should receive?What if a defendant should give a "dirty"look at the judge or if someone who resembles the defendant did something to the judge some time previous.

I've never heard of that happening, particularly the latter situation. Can you provide anymore information ?

If a person believes a judge to be biased against them they should themselves or through lawyers apply for the judge to recuse themselves.

miseeire wrote: »

I remember a few years ago where a "gentleman"raped a deaf woman and was released but subsequently got a jail sentence for spitting in the direction of the woman at a train station.

I believe I know of the case you mention. In fact the rapist received in the first instance a suspended sentence, suspended on the basis amongst other things that he keep the peace and be of good behaviour. For not doing this his sentence was activated by the sentencing judge. On a subsequent application for review on grounds of undue leniency the sentence was doubled, from what I remember, by the Court of Criminal Appeal (from 3 to 6 years, but that is just my recollection. For the record I don't recall that the injured party in the 'spitting' case was in fact deaf but am open to correction).

miseeire wrote: »

What if a judge had a bad night's sleep,kept awake by noisy neighbours,and wanted to vent his anger on whoever was available.I am sure there are very good,compassionate judges but is the system totally fair,both for the victim and the accused?I welcome your thoughts.

Judges are human and make mistakes. As long as there are people involved in the justice system that will continue to be the case.

As in the example given above, appeals lie from their decisions to other judges, and in cases of (relatively) more significance, to panels of other judges.