Legislation for murder

delta_bravo

Hi,

In light of recent events I'm just wondering does anyone know if there is specific legislation still in place relating to sentencing for the murder of gardai and prison officers like there was in the death penalty era. Like it would obviously be life but is there perhaps a more severe limit on the chance of parole.

368100

delta_bravo wrote: »

Hi,

In light of recent events I'm just wondering does anyone know if there is specific legislation still in place relating to sentencing for the murder of gardai and prison officers like there was in the death penalty era. Like it would obviously be life but is there perhaps a more severe limit on the chance of parole.

As far as ive read its minimum 40 years....not sure on chances of parole.

I don't see why sentences should be lesser for murder of civilians....sure the guards are brave tackling crime and terrible getting killed in the line of duty....but a life is a life, no one more important than others

brian_t

368100 wrote: »

I don't see why sentences should be lesser for murder of civilians....sure the guards are brave tackling crime and terrible getting killed in the line of duty....but a life is a life, no one more important than others

Are the Guards not expected to tackle criminals head-on. Every one else can just run away.

368100

brian_t wrote: »

Are the Guards not expected to tackle criminals head-on. Every one else can just run away.

Yes they are very brave, but how does that make their life more important than an innocent victim of murder? Again im not belittling any murder of gardai, its terrible but im genuinely curious about this.

hullaballoo

Some lives are worth more than others.

This is a truth that goes back as far as Brehon Law times here on this island. There used to be a concept known as body price (lóg nenech) that meant that a provider such as a hunter and or gatherer had a better price on his or her head than the local dipso, for example.

The same has to be applicable today. Some horrible scrote from Jobstown cannot have a life that's worth as much as the Garda arresting him.

It's not really a debate worth having. Some people contribute more to normal society than others and the loss of them makes for a far more serious crime than the loss of life of others.

Come on like there's absolute logic to the proposition that certain professionals lives are worth more than the average dole scrounger, even in 2018?

368100

hullaballoo wrote: »

Some lives are worth more than others.

This is a truth that goes back as far as Brehon Law times here on this island. There used to be a concept known as body price (lóg nenech) that meant that a provider such as a hunter and or gatherer had a better price on his or her head than the local dipso, for example.

The same has to be applicable today. Some horrible scrote from Jobstown cannot have a life that's worth as much as the Garda arresting him.

It's not really a debate worth having. Some people contribute more to normal society than others and the loss of them makes for a far more serious crime than the loss of life of others.

Come on like there's absolute logic to the proposition that certain professionals lives are worth more than the average dole scrounger, even in 2018?

I get your point but i don't entirely agree. The same "scrote" can be as likely to kill an innocent upstanding member of society and because the victim is a civilian the sentence is more lenient. I think any murder conviction should get life.....and life being for the rest of their days.

Tell me how

hullaballoo wrote:

It's not really a debate worth having. Some people contribute more to normal society than others and the loss of them makes for a far more serious crime than the loss of life of others.

Come on like there's absolute logic to the proposition that certain professionals lives are worth more than the average dole scrounger, even in 2018?

The value of a life is different to judging it by how someone is living theirs at a particular point in time by your subjective analysis.

Say you're from a disenfranchised area and your father is absent, your mother unemployed, you struggle at school, you fall in with wrong crowd because of peer pressure. Is it fair that your life is viewed as less valuable than someone who got a lot more breaks?

Read Maurice McCabe book lately, he didn't invent the shoddy lazy behavior of some Gardai, this idea that they're all Hero's is false.

In my view there's an equal proportion in every grouping of society of chancers, heros and everywhere in between. Guards included.

Larbre34

Old capital murder for killing a Garda or DF personnel was due to the political aspect of protecting a young and fragile state against insurrection. Taking a shot at the thin blue line had to be shown to have dire consequences.

No mans life is worth more than any other, its about what they represent. If they secure a conviction in the matter at hand, itll be minimum 40 years.

Samuel T. Cogley

delta_bravo wrote: »

Hi,

In light of recent events I'm just wondering does anyone know if there is specific legislation still in place relating to sentencing for the murder of gardai and prison officers like there was in the death penalty era. Like it would obviously be life but is there perhaps a more severe limit on the chance of parole.

S3 Criminal Justice Act 1990

delta_bravo

Samuel T. Cogley wrote: »

S3 Criminal Justice Act 1990

Thanks. My reading of that indicates the punishment is the standard life sentence you would get for murder. I would have thought there would be no remission or some sort of more severe conditions.

Orobhsa

S4 not S3 deals with sentencing.

4.—Where a person (other than a child or young person) is convicted of treason or of a murder or attempt to commit a murder to which section 3 applies, the court—

(a) in the case of treason or murder, shall in passing sentence specify as the minimum period of imprisonment to be served by that person a period of not less than forty years,

(b) in the case of an attempt to commit murder, shall pass a sentence of imprisonment of not less than twenty years and specify a period of not less than twenty years as the minimum period of imprisonment to be served by that person.