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Our justice system - can it be overhauled?

2

Comments

  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    where does it work?

    It works for the people who would have been victims of said criminals who are locked up instead.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    Could this post be any more vague?

    How is it even a little bit vague ?

    Guy kicks someone in the head and gets a suspended sentence. Guy has over 50 previous convictions.
    You said the judges can only go by the laws as they are, as if their hands are tied and they can do no more for society. Locking the guy up was well within his power and well justified.

    What law tied the judges hands and prevented a proper and well deserved penalty?


  • Posts: 14,242 ✭✭✭✭ [Deleted User]


    It works for the people who would have been victims of said criminals who are locked up instead.
    My family home was burgled a few weeks ago. If the men who burgled it had never been born, it would have been burgled anyway at some stage, by whatever local band of housebreakers sprung up in their absence.

    For this kind of crime to prosper, there must be economic inquality and the propsect of ill-gotten opportunity. If you maintain inequality whilst locking up prisoners, all you're doing is increasing the availability for ill-gotten opportunity among rising criminals. There will be a lag, but the crime rate will hardly budge.

    Imprisonment appears to do nothing except put a very small, temporary limit on criminality. In the UK, it has been estimated that a 25% rise in the prison population cuts crime by 1%.

    http://www.theguardian.com/society/2010/dec/07/michael-howard-prison-works-analysis


  • Closed Accounts Posts: 2,129 ✭✭✭Arsemageddon


    How is it even a little bit vague ?

    Guy kicks someone in the head and gets a suspended sentence. Guy has over 50 previous convictions.
    You said the judges can only go by the laws as they are, as if their hands are tied and they can do no more for society. Locking the guy up was well within his power and well justified.

    What law tied the judges hands and prevented a proper and well deserved penalty?

    It was vague because I had no idea what you were talking about, you gave no detail in your previous post.

    Unless you happened to be qualified in law, have considerable experience of how the criminal justice system operates in practice, were in court for the entire duration of this case and had reviewed all the relevant documentation then I would tend to think that the presiding judge would know more about the case and the relevant sentence than yourself.


  • Closed Accounts Posts: 1,895 ✭✭✭nokia69


    No we don't, at all.. not even a little bit..

    yes we do
    Prison should be the last resort, every other option should be explored fully before putting someone in custody.

    it should the last resort for some types of crime, however it should the first and only resort for serious crimes
    You think that every single crime should equal custody?!

    I never said that, and I don't have a problem with giving people a 2nd or 3rd chance or maybe even more chances but I do have a limit

    and its clear that some judges don't want to lock up anyone

    http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/passengers-watched-as-woman-attacked-and-robbed-on-luas-1.2280555
    Larkin has 30 previous convictions, including thefts and drug offences, and McGowan has 24 previous convictions, including assault and public order offences.
    Judge Patricia Ryan remanded McGowan on bail pending a probation and welfare services report, accepting that the offence was “out of character” for the mother-of-tw

    the above is a perfect example of what I'm talking about, and thats not some kind of strange happening in an Irish court, if you read the papers you will see plenty of cases like the one above


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  • Closed Accounts Posts: 2,481 ✭✭✭Barely There


    Locking the guy up was well within his power and well justified.

    Presume you sat though the entire court case and didn't just form your opinion from a couple of paragraphs in the paper?


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    It was vague because I had no idea what you were talking about, you gave no detail in your previous post.

    Unless you happened to be qualified in law, have considerable experience of how the criminal justice system operates in practice, were in court for the entire duration of this case and had reviewed all the relevant documentation then I would tend to think that the presiding judge would know more about the case and the relevant sentence than yourself.

    As has been asked before, what do you think a reason for such a lenient sentence is so? Be hypothetical .

    Then go back to the laws that tied the judges hand and he has to give such a lenient sentence, as you implied int he first post I quoted.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    My family home was burgled a few weeks ago. If the men who burgled it had never been born, it would have been burgled anyway at some stage, by whatever local band of housebreakers sprung up in their absence. ]

    Ridiculous analogy about being born aside, is that it so? We just accept that people are going to be criminals and let them at it.

    Dont lock up a rapist, sure someone else would have come along and raped the next woman he ends up raping anyway.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    Presume you sat though the entire court case and didn't just form your opinion from a couple of paragraphs in the paper?

    Again, fire away with any reason he shouldnt have been locked up, the floor is yours..........


    Dont forget, the "I'm poor and the drinks/drugs made me do it(along with the 50 odd previous crimes) " was used int he paper so presumably you need another excuse.


  • Closed Accounts Posts: 2,129 ✭✭✭Arsemageddon


    As has been asked before, what do you think a reason for such a lenient sentence is so? Be hypothetical
    .

    Eh no, I would prefer to have the facts rather than just shoot from the hip with an opinion about a case I know nothing about.
    Then go back to the laws that tied the judges hand and he has to give such a lenient sentence, as you implied int he first post I quoted.

    There are no laws that tie a judges hands as you put it, under Irish law the sentence has to be appropriate to the offender - that is the guiding principle in sentencing.


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  • Closed Accounts Posts: 2,481 ✭✭✭Barely There


    Again, fire away with any reason he shouldnt have been locked up, the floor is yours..........



    So you didn't sit through the court case then?


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    .

    Eh no, I would prefer to have the facts rather than just shoot from the hip with an opinion about a case I know nothing about





    There are no laws that tie a judges hands as you put it, under Irish law the sentence has to be appropriate to the offender - that is the guiding principle in sentencing.

    Waffley no commital answers, I should have known better than to bother asking. :rolleyes:


    Hide behind "the judge has all the facts and makes the right decision" all you like, its doesnt make you or him right.

    I hope I dont come across you giving out about the government in any threads or Gardai or anyone you're not intimately familiar on the facts with, because remember, they have all the details and you dont.


  • Posts: 14,242 ✭✭✭✭ [Deleted User]


    Dont lock up a rapist, sure someone else would have come along and raped the next woman he ends up raping anyway.
    Is there something 'special' about the 'bang-em-up' brigade that insists on these straw men?

    Seriously anytime someone suggests imprisonment has a very weak success rate to someone who insists on building more prisons, the invariable reply is "oh so we shouldn't jail murderers and rapists?"

    No, for some crimes there is obviously an incapacity advantage, e.g. where the number of potential offenders are small relative to the overall population, such as paedophiles.

    However, for every drug dealer, burglar, opportunist thief, and other petty criminals, there will always be a replacement so long as the fundamental causes of criminal propensity persist.

    If Harry the Housebreaker goes to Mountjoy for 6 months, he won't leave behind a peaceful and unmolested society where householders sleep with the doors unlocked. He will leave behind a vacuum, to be quickly filled.


  • Closed Accounts Posts: 2,129 ✭✭✭Arsemageddon


    Waffley no commital answers, I should have known better than to bother asking. :rolleyes:

    I can't be arsed getting into a tedious argument with someone who wants me to comment on a case that they can't even be bothered posting a link for.

    If you want to know more about who sentencing law works in Ireland I'm sure google can provide some answers for ya.
    Hide behind "the judge has all the facts and makes the right decision" all you like, its doesnt make you or him right.

    Those pesky judges and their facts - always getting in the way of a good rant!
    I hope I dont come across you giving out about the government in any threads or Gardai or anyone you're not intimately familiar on the facts with, because remember, they have all the details and you dont.

    Absolutley no idea what this is suppose to mean, I'm sure it makes perfect sense in your head though.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    Is there something 'special' about the 'bang-em-up' brigade that insists on these straw men?

    Seriously anytime someone suggests imprisonment has a very weak success rate to someone who insists on building more prisons, the invariable reply is "oh so we shouldn't jail murderers and rapists?"

    No, for some crimes there is obviously an incapacity advantage, e.g. where the number of potential offenders are small relative to the overall population, such as paedophiles.

    However, for every drug dealer, burglar, opportunist thief, and other petty criminals, there will always be a replacement so long as the fundamental causes of criminal propensity persist.

    Ok so, dont lock up burglars because there are other who will burgle the house anyway? So it's a free reign for burglars? Thats essentially what you're saying.


  • Registered Users, Registered Users 2 Posts: 38,227 ✭✭✭✭Guy:Incognito


    I can't be arsed getting into a tedious argument with someone who wants me to comment on a case that they can't even be bothered posting a link for.

    If you want to know more about who sentencing law works in Ireland I'm sure google can provide some answers for ya.


    But you'll be arsed replying to posts saying how much you wont reply and waffling about the other person not knowing the facts.

    One post of a proper answer would have taken you less time.


  • Registered Users, Registered Users 2 Posts: 11,651 ✭✭✭✭El Weirdo


    Ok so, dont lock up burglars because there are other who will burgle the house anyway? So it's a free reign for burglars? Thats essentially what you're saying.
    Do you have problems with comprehension? Do you just read half the post and then hit reply?


  • Posts: 14,242 ✭✭✭✭ [Deleted User]


    Ok so, dont lock up burglars because there are other who will burgle the house anyway?
    No, not at all. But I think we should look at alternative measures because imprisonment is very expensive and it doesn't seem to work.

    So why don't we ask ourselves if there's any cheaper punishment that could achieve a better outcome? Better still why don't we ask ourselves how we can fix the root causes of criminality to begin with, so we can avoid wasting money on ineffective punishments at all? That would be a good start I think.


  • Closed Accounts Posts: 1,895 ✭✭✭nokia69


    No, not at all. But I think we should look at alternative measures because imprisonment is very expensive and it doesn't seem to work.

    how does it not work :confused:

    it works for us when scum are off the streets


  • Registered Users, Registered Users 2 Posts: 14,227 ✭✭✭✭thebaz


    The judges seam to be so out of sync with whats happing on the streets - everyone has rights , including victims of crime - I have lost faith in our legal system , life has become cheap , and bullies realise the courts will look favourably on them - and it is not just the judges , you have to question the morals of those that defend the perpetrators of heinous crimes, and get them off on legal technicalities.


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  • Posts: 22,384 ✭✭✭✭ [Deleted User]


    Ok so, dont lock up burglars because there are other who will burgle the house anyway? So it's a free reign for burglars? Thats essentially what you're saying.

    It's almost like a parody of the poster he was referring to!

    Yes, I think he definitely said "free reign for burglars" alright.


  • Posts: 22,384 ✭✭✭✭ [Deleted User]


    thebaz wrote: »
    The judges seam to be so out of sync with whats happing on the streets - everyone has rights , including victims of crime - I have lost faith in our legal system , life has become cheap , and bullies realise the courts will look favourably on them - and it is not just the judges , you have to question the morals of those that defend the perpetrators of heinous crimes, and get them off on legal technicalities.

    Oh Jesus.

    We've reached the "technicalities" stage.

    Not step must be the man in the pub in Viz.


  • Closed Accounts Posts: 679 ✭✭✭Boring username


    My family home was burgled a few weeks ago. If the men who burgled it had never been born, it would have been burgled anyway at some stage, by whatever local band of housebreakers sprung up in their absence.

    For this kind of crime to prosper, there must be economic inquality and the propsect of ill-gotten opportunity. If you maintain inequality whilst locking up prisoners, all you're doing is increasing the availability for ill-gotten opportunity among rising criminals. There will be a lag, but the crime rate will hardly budge.

    Imprisonment appears to do nothing except put a very small, temporary limit on criminality. In the UK, it has been estimated that a 25% rise in the prison population cuts crime by 1%.

    http://www.theguardian.com/society/2010/dec/07/michael-howard-prison-works-analysis


    This logic is absurd. You have no way of knowing that your house would have been burgled at some stage, so that is pure speculation.
    Also, this attempt to justify crime and violence as the result of 'inequality' is horsesh1t of the highest order. The welfare system is extremely generous to the, ahem, 'poor'. In fact in some cases they have better lifestyles than the genuine working poor. All needs for food, shelter, warmth, travel, and medical expenses are covered, so I'm not buying that for a second. This may have been an excuse in the Dickensian ages, but in the modern welfare era, criminality is by and large a choice.

    Take for example, street violence. Most of the subhumans who smash a broken bottle into an innocent persons face aren't doing it to feed themselves, or because of inequality. They're doing it because they are dirty rotten bullying bastards who like the image of being a hard man and hurting people. Don't try telling me that if society was more 'equal' these people would be model citizens of society. Some people are just born bad, or choose to be. And there's nothing in the world that is going to change that.

    All you can do is deny them the opportunity to gouge another innocent victim. And this is what it is all about-the victims. Do you know anyone who has ever had their face glassed for walking into a pub and making eye contact with the wrong person? I have, since I was right behind him when it happened. Would you like to know what a human eye socket looks like with glass shards sticking out of it? I can tell you, but maybe only when you see it first hand can you understand the horror and mindlessness of it. It's like war, in a way. You can read about it, hear about it, and watch all the movies you like. But nothing prepares you for it like real life. Then, and only then will you realise what people like me are so frustrated about.

    I could tell you about how I saw a confident, happy, easy going young man turn into a depressed, house bound, angry, self conscious demoralised shell of a human being thanks to a random unprovoked glassing. I could tell you about the thousands spent on legal fees, hours of statements to guards and solicitors, loss of earnings and massive medical fees, multiple surgeries, stares from strangers and cruel comments about facial scarring. I could tell you about getting vague threats from these feral rat humans, mentioning family member's movements and places of work in an attempt to drop the case.

    I could tell you about the day of the court case, where our smirking scumbag gets a slap on the wrist for mutilating a decent, law abiding, generous and caring friend of mine. I could tell you about the other people that he has mutilated since, ones that didn't even make it to court. I could tell you about him boasting to his other knacker friends about the damage he has done to people, and laughing about maybe 'getting a hat trick' of unreported assaults due to his chicken sh1t tactics of hitting and running before the poor victim has had time to figure out what happened. Yeah, I could tell you about that.

    But lets just blame 'inequality' instead.


  • Registered Users, Registered Users 2 Posts: 14,227 ✭✭✭✭thebaz


    Oh Jesus.

    We've reached the "technicalities" stage.

    Not step must be the man in the pub in Viz.

    not sure what you're on about - but our legal system is a joke - like something from Viz


  • Posts: 14,242 ✭✭✭✭ [Deleted User]


    nokia69 wrote: »
    how does it not work :confused:

    it works for us when scum are off the streets
    If prison simply "worked" as a deterrent or as a cure, then Russia, the USA and South Africa would be safer places to live than countries with more moderate rates of incarceration, such as Denmark, Ireland and Switzerland. But the opposite is true. America, Russia and South Africa have multiple times more prisoners than Ireland, and multiple times higher rates of violent crime such as homicide.

    Why are you and I, presumably, not cat-burglars, bicycle thieves, or violent thugs?

    Because of our inherent good nature?
    Let's not flatter ourselves !

    Because we're afraid of prison?
    No. Even if we knew we'd never get caught, neither of us would want to be criminals.

    What then?
    Accident of birth. Most criminals are born into homes with some mixture of criminality, violence, consistent poverty, relatively poor educational resources, and broken family relationships. These are some of the determinants of criminal behaviour, and they can reinforce one another, and predispose people towards lives of crime. You do not wish to be born into those circumstances. Not if you have any sense.

    Sure, there are times when we must imprison people. But once they're in prison, on our turf, lets re-educate them and no longer alienate them from society.

    And while we're at it, lets try to stop them getting into that position to begin with, by lowering children's exposure to consistent poverty, domestic violence, poor educational resources, and all of the other potential determinants of criminal behaviour?

    Is there anything unreasonable in this proposition?


  • Closed Accounts Posts: 1,895 ✭✭✭nokia69


    thebaz wrote: »
    not sure what you're on about - but our legal system is a joke - like something from Viz

    everyone has a right to a fair trial, and if someone gets off on a technicality then the powers that be need to take more care


  • Closed Accounts Posts: 1,895 ✭✭✭nokia69


    If prison simply "worked" as a deterrent or as a cure, then Russia, the USA and South Africa would be safer places to live than countries with more moderate rates of incarceration, such as Denmark, Ireland and Switzerland. But the opposite is true. America, Russia and South Africa have multiple times more prisoners than Ireland, and multiple times higher rates of violent crime such as homicide.

    Why are you and I, presumably, not cat-burglars, bicycle thieves, or violent thugs?

    Because of our inherent good nature?
    Let's not flatter ourselves !

    Because we're afraid of prison?
    No. Even if we knew we'd never get caught, neither of us would want to be criminals.

    What then?
    Accident of birth. Most criminals are born into homes with some mixture of criminality, violence, consistent poverty, relatively poor educational resources, and broken family relationships. These are some of the determinants of criminal behaviour, and they can reinforce one another, and predispose people towards lives of crime. You do not wish to be born into those circumstances. Not if you have any sense.

    Sure, there are times when we must imprison people. But once they're in prison, on our turf, lets re-educate them and no longer alienate them from society.

    And while we're at it, lets try to stop them getting into that position to begin with, by lowering children's exposure to consistent poverty, domestic violence, poor educational resources, and all of the other potential determinants of criminal behaviour?

    Is there anything unreasonable in this proposition?

    no its not unreasonable at all, I agree with much of it

    again I have no problem with giving people 2nd chances, or even 3rd and 4th chances and so on, but I have my limits

    I'm not talking about some young teenager who does one stupid thing and then gets years behind bars, I'm talking about people who break the law non stop

    a very good example of what I mean is the Guido Nasi case

    http://www.independent.ie/irish-news/man-pleads-guilty-to-vicious-assault-on-italian-teenager-26069090.html

    the asshole who ended poor Guido's life had tens of convictions and should have been behind bars when he destroyed a young mans life :mad:

    I really don't know how you can defend scumbags like this, I really wish the Nasi case was a one off but we all know its not

    a question Miltiades, how many times should someone be allowed to get away with different types of assault


  • Posts: 22,384 ✭✭✭✭ [Deleted User]


    thebaz wrote: »
    not sure what you're on about - but our legal system is a joke - like something from Viz

    Getting off on a technicality is slang for a serious flaw in procedures. Those procedures are there for very good reason, there are whole libraries written about the laws of evidence and why procedures must be followed, and the history books are full of examples of miscarriages of justice when they are not followed. To say that everyone has rights, but apparently not the right to expect fair procedure, due process, observing the laws of evidence etc. and all those issues that make up the technicalities is an inherent contradiction in your own post. Even the victim has the right to expect that the prosecution of the offence will be done correctly.


  • Registered Users, Registered Users 2 Posts: 172 ✭✭sinead88


    If prison simply "worked" as a deterrent or as a cure, then Russia, the USA and South Africa would be safer places to live than countries with more moderate rates of incarceration, such as Denmark, Ireland and Switzerland. But the opposite is true. America, Russia and South Africa have multiple times more prisoners than Ireland, and multiple times higher rates of violent crime such as homicide.

    Why are you and I, presumably, not cat-burglars, bicycle thieves, or violent thugs?

    Because of our inherent good nature?
    Let's not flatter ourselves !

    Because we're afraid of prison?
    No. Even if we knew we'd never get caught, neither of us would want to be criminals.

    What then?
    Accident of birth. Most criminals are born into homes with some mixture of criminality, violence, consistent poverty, relatively poor educational resources, and broken family relationships. These are some of the determinants of criminal behaviour, and they can reinforce one another, and predispose people towards lives of crime. You do not wish to be born into those circumstances. Not if you have any sense.

    Sure, there are times when we must imprison people. But once they're in prison, on our turf, lets re-educate them and no longer alienate them from society.

    And while we're at it, lets try to stop them getting into that position to begin with, by lowering children's exposure to consistent poverty, domestic violence, poor educational resources, and all of the other potential determinants of criminal behaviour?

    Is there anything unreasonable in this proposition?

    I totally agree. I realise that not everybody can be reformed, but I feel very strongly that prison should mostly be about reeducation and reform. As far as I'm concerned, if you just lock someone up and treat them like an animal, they'll probably reenter society in a worse way than when they went in. What we have at the moment is a carousel whereby people are put in prison and given no support, then thrown back into society where they just end up reoffending. Socioeconomic factors really need to be taken into consideration here.


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  • Closed Accounts Posts: 679 ✭✭✭Boring username


    These violent pub brawls are becoming a daily event now. What's the betting there will be suspended sentences, and multiple previous convictions.......


    http://www.independent.ie/irish-news/bloodbath-as-man-has-ear-bitten-off-in-barbaric-pub-brawl-31414754.html


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