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Is society too heavily weighed in favour of the perpetrator and not the victim?

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Civil and human rights are obviously hard won and each and every human deserves certain *basic* freedoms and liberties, and deserves to be treated equally. But does it ever seem we are tipping the balance TOO much towards people who actually do wrong in society? That thread about burglars and other offenders being let off witha caution (i.e. a slap on the wrist and no jail time) is just the sort of thing i'm talking about.

Has society strayed too far down the line towards keeping the rights and welfare of those who actually need to be punished - i.e. law breakers - at the forefront of discussions, instead of the victims? I know it differs country to country but i sometimes feel this to be the case here in the UK (and elsewhere for that matter). I've noticed that i have started to almost stare in disbelief and shake my head at times when spokespeople from Liberty (the human rights organisation) http://www.liberty-human-rights.org.uk/ come on tv and tell me how we are impinging on the rights of people by not treating them in a particular way. If Liberty and these sorts of super pro-human rights organisations had their way, i imagine the very stability and fabric of what our society's are based upon would unravel! How is it organisations have sprung up all of a sudden and what has propagated such a rise in them? Is it the global ""war" on terror" that has led to so many people to be up in arms about general rights trampling that these organisations are now looking at domestic as well as international abuses of human rights?

I am generalising to an extent - there are some serious miscarriages of justice that we have to look into for sure, yet when i look at youngsters of today (and i'm only 30!) and think back to 10-15 years ago and see how i was, i wasn't going around doing what these kids are doing now, and i fear the reason why is because everyone is so preoccupied with "protecting" the children or protecting the criminals rights, that people are no longer scared of what might happen to them if they do something wrong.

Something is happening in society and the only thing i can think of is a polar shift away from the "do something wrong and you will be punished" line of thinking to the "lets wrap everyone in cotton wool and don't punish people because it's an impingement on their human rights!" line of thinking that is seemingly permeating.

I'm not talking about going the OTHER way and advocating a draconian punishment system where any crime gets you 5 years in prison, but does anyone know where i'm coming from on this?

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too many pinko faggot, social workers these days... all saying that a persons actions are never that persons fault, it's always somebody elses fault that a person does something wrong

"oh, that person did wrong because they are from a poor area, it's not their fault"

well, its not fucking Ghandi's fault is it !!!!

shoot social workers, then shoot the criminals

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too many pinko faggot, social workers these days... all saying that a persons actions are never that persons fault, it's always somebody elses fault that a person does something wrong

"oh, that person did wrong because they are from a poor area, it's not their fault"

well, its not fucking Ghandi's fault is it !!!!

shoot social workers, then shoot the criminals



Dude I know of a certain social worker who is as evil as the rest of us...:P;)

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...going the OTHER way and advocating a draconian punishment system where any crime gets you 5 years in prison...



That wouldn't be so very far away from my way of thinking...
My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

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Way to heavily in favour of the criminal. I am not draconian but I think with property crimes the perpetrators should not only do some time (hard labour) but they should be financially responsible for replacing the victims property (not the depreciated value....brand new). If this means garnishing his wages so be it, and there should be no cut off time period. That means if the criminal only gets a job 10 years later then they still get their wages garnished.

Violent crimes, long long long prison sentences. No Club Feds either. Take out the recreation and have these guys busting rocks.

Richards
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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Way to heavily in favour of the criminal.



I agree. The 'burden of proof' is definitely a burden. Then, once all the time and money is spent convicting the person, they only get community service, or a suspended sentence?!

What a waste....

Jeff
Shhh... you hear that sound? That's the sound of nobody caring!

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Constitutional rights don't just go away because we don't like a person, or because they've done a bad thing. If they did, they wouldn't be rights.

Brie
"Ive seen you hump air, hump the floor of the plane, and hump legs. You now have a new nickname: "Black Humper of Death"--yardhippie

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I know where you are coming from. I USED to believe that there were too many rights bestowed upon the perpetrators. To an extent, I still do, but my thinking has greatly moderated in the past 6 or 7 years - probably due to the nature of my work and education.

Now, a lot of my viewpoint has to do with rights and my personal opinions. My belief is that there should be every procedural proection available to an accused. No searches without warrants, etc. Make sure everything is set up fairly.

However, I also have a BIG problem with the blaming of others. I think that California Governor Pete Wilson put it best in denying clemency to Robert Alton Harris, who had blamed fetal alcohol syndrome and unstable childhood for his crimes. After condemning the abuse of children and fetal alcohol syndrome, he wrote something like (paraphrasing): "Robert Harris the child had no choice. Robert Harris the man had a choice, and Robert Harris the man chose to take two innocent lives."

Society is usually not to blame for a person's choices.


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I think once someone has been convicted of a crime their rights are forfieted to a degree relational to their crime. If you steal you lose your freedom for a period of time and have to pay back what you stole. If you kill someone you lose all rights entirely and should be executed. There is no right to a humane death for a murderer.

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There is no constitutional right to freedom. There is a constitutional right to not be deprived of liberty without due process of law, but I think you can see a difference...

Sheesh.

Brie
"Ive seen you hump air, hump the floor of the plane, and hump legs. You now have a new nickname: "Black Humper of Death"--yardhippie

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Way to heavily in favour of the criminal. I am not draconian but I think with property crimes the perpetrators should not only do some time (hard labour) but they should be financially responsible for replacing the victims property (not the depreciated value....brand new). If this means garnishing his wages so be it, and there should be no cut off time period. That means if the criminal only gets a job 10 years later then they still get their wages garnished.

Violent crimes, long long long prison sentences. No Club Feds either. Take out the recreation and have these guys busting rocks.

Richards



What they do in many jurisdictions is to award restitution to the victim at the time of criminal sentencing. Then if the perp paroles out, as most do, then he/she has to pay thsi back in the first term of probation or be extended an additional term. If he/she doesn't pay ti back by then, then he/she is released off probation considering all other terms are met, then the restitution rolls over to a civil judgment. The victim can then collect, do a recording of it, etc....


As for violent crimes, there needs to be a reasonable middle-ground. If we jumo too quickly to harsh punishment, I think we will have a situation of all-or-nothing when criminals are cornered. It could actually spark more violent crime. To think that we can lock em up longer and enact deterrence is inane.

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I know where you are coming from. I USED to believe that there were too many rights bestowed upon the perpetrators. To an extent, I still do, but my thinking has greatly moderated in the past 6 or 7 years - probably due to the nature of my work and education.

Now, a lot of my viewpoint has to do with rights and my personal opinions. My belief is that there should be every procedural proection available to an accused. No searches without warrants, etc. Make sure everything is set up fairly.

However, I also have a BIG problem with the blaming of others. I think that California Governor Pete Wilson put it best in denying clemency to Robert Alton Harris, who had blamed fetal alcohol syndrome and unstable childhood for his crimes. After condemning the abuse of children and fetal alcohol syndrome, he wrote something like (paraphrasing): "Robert Harris the child had no choice. Robert Harris the man had a choice, and Robert Harris the man chose to take two innocent lives."

Society is usually not to blame for a person's choices.




Kind of where I am. It sucks that major US Sup Ct decisions stem from mostly scumbags. Miranda was a rapist, Terry was a robber, and Dickerson a bank robber. But then there are always the Mapp vs Ohio, where the cops ebtered w/o a warrant looking for Communism propaganda, only found porn and tried to admit it.

Point is, we protect scumbags in order to write law, precedent to protect descent people.

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Point is, we protect scumbags in order to write law, precedent to protect descent people.



Exactly. It puts us in a nice position where we don't decide whose rights are worth protecting. We protect everyone's rights.


My wife is hotter than your wife.

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I think once someone has been convicted of a crime their rights are forfieted to a degree relational to their crime. If you steal you lose your freedom for a period of time and have to pay back what you stole. If you kill someone you lose all rights entirely and should be executed. There is no right to a humane death for a murderer.



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I think once someone has been convicted of a crime their rights are forfieted to a degree relational to their crime. If you steal you lose your freedom for a period of time and have to pay back what you sto



If you are convcted/incarcerated you lose the 1st, 2nd, 4th, and the right to vote. You maintain most 5th and 6th, and of course 8th, but they don't pay attention the 8th anyway. The there is restitution, which is enforced.

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If you kill someone you lose all rights entirely and should be executed. There is no right to a humane death for a murderer.



What if the conviction was tainted? No appeals? There are degrees of murder. Ted Bundy can't be compared to teh guy who comes home to watch someone boinking his wife.

As for humane death, so you want to become as heineous as the perp? Do you think it enacts deterrence, or is it just good ole fashioned retribution? We can't denounce murder, then do it ourselves and be taken seriously. Virtually all other industrialized countries have done away with CP, but not teh US. In fact, we just stopped killing juveniles 6 months ago.

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Civil and human rights are obviously hard won and each and every human deserves certain *basic* freedoms and liberties, and deserves to be treated equally. But does it ever seem we are tipping the balance TOO much towards people who actually do wrong in society? That thread about burglars and other offenders being let off witha caution (i.e. a slap on the wrist and no jail time) is just the sort of thing i'm talking about.

Has society strayed too far down the line towards keeping the rights and welfare of those who actually need to be punished - i.e. law breakers - at the forefront of discussions, instead of the victims? I know it differs country to country but i sometimes feel this to be the case here in the UK (and elsewhere for that matter). I've noticed that i have started to almost stare in disbelief and shake my head at times when spokespeople from Liberty (the human rights organisation) http://www.liberty-human-rights.org.uk/ come on tv and tell me how we are impinging on the rights of people by not treating them in a particular way. If Liberty and these sorts of super pro-human rights organisations had their way, i imagine the very stability and fabric of what our society's are based upon would unravel! How is it organisations have sprung up all of a sudden and what has propagated such a rise in them? Is it the global ""war" on terror" that has led to so many people to be up in arms about general rights trampling that these organisations are now looking at domestic as well as international abuses of human rights?

I am generalising to an extent - there are some serious miscarriages of justice that we have to look into for sure, yet when i look at youngsters of today (and i'm only 30!) and think back to 10-15 years ago and see how i was, i wasn't going around doing what these kids are doing now, and i fear the reason why is because everyone is so preoccupied with "protecting" the children or protecting the criminals rights, that people are no longer scared of what might happen to them if they do something wrong.

Something is happening in society and the only thing i can think of is a polar shift away from the "do something wrong and you will be punished" line of thinking to the "lets wrap everyone in cotton wool and don't punish people because it's an impingement on their human rights!" line of thinking that is seemingly permeating.

I'm not talking about going the OTHER way and advocating a draconian punishment system where any crime gets you 5 years in prison, but does anyone know where i'm coming from on this?



When I read this what comes out is that you are allowing the bad people of the country to dictate to the rest of how we need to react to bad situations. Are the bad guys kind of winning all over when they make us change our humanity by stooping to their levels? Most of the rest of the world has come to this conclusion.

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But does it ever seem we are tipping the balance TOO much towards people who actually do wrong in society?



Or just allowing the bad people to write our rules of treatment by matching their acts 1 for 1.

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If Liberty and these sorts of super pro-human rights organisations had their way, i imagine the very stability and fabric of what our society's are based upon would unravel!



The sky is falling? What percentage of people are criminal? So do you think this small percentage would change the rest of us? This is a little grand...

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How is it organisations have sprung up all of a sudden and what has propagated such a rise in them?



The Woman Suffrage Movement? (1920's) Hell, the Revolutionary War was an organization of freedom and relief, so how are these new movements?

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Is it the global ""war" on terror" that has led to so many people to be up in arms about general rights trampling that these organisations are now looking at domestic as well as international abuses of human rights?



Come again. Human rights groups and all kinds of rights groups have been around for decades if not centuries.

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...yet when i look at youngsters of today (and i'm only 30!) and think back to 10-15 years ago and see how i was, i wasn't going around doing what these kids are doing now,...



Don't make a small percentage of them represent the whole.

Also, aren't kids a reflection of society? Isn't society getting worse, or are these kids just tainted in the womb? If we get religious here, they believe we all make decisions and are born with zero influence, so with that, why are kids now making worse decisions than before? It would have to be the influence, right? BTW, I don't believe that religious fallacy. I think people are born with certain very general predispositions and they are shaped from there.

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and i fear the reason why is because everyone is so preoccupied with "protecting" the children or protecting the criminals rights, that people are no longer scared of what might happen to them if they do something wrong.



So you're saying less punishment = less deterrence = less adherence to the law? Thee has never been a conclusive peer-reviewed study shown that deterrence leads to less crime, at least not that I've read. It's utopian to think of, but simply not true. 12 states don't use CP, yet some have lower murder rates than those that use CP often. To think a potential criminal or murderer thinks about the consequence is primitive thinking.

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Something is happening in society and the only thing i can think of is a polar shift away from the "do something wrong and you will be punished" line of thinking to the "lets wrap everyone in cotton wool and don't punish people because it's an impingement on their human rights!" line of thinking that is seemingly permeating.



Really? We are one of the few industrialized nations to still have CP, we have 2.3 million or so incarcerated at any time, which is 1:140 or so, and we just quit killing kids 6 months ago, 1 of 8 nations that still had that system. 19 of the last 39 known juvenile executions were done by the US, so where's your reference that we are easy on crime?

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I'm not talking about going the OTHER way and advocating a draconian punishment system where any crime gets you 5 years in prison, but does anyone know where i'm coming from on this?



Yes, please post some data or reference to your argument. To me, it seems that you are proposing a Draconian form of punishment, just not calling it that.

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Now, a lot of my viewpoint has to do with rights and my personal opinions. My belief is that there should be every procedural proection available to an accused. No searches without warrants, etc. Make sure everything is set up fairly.



Yes a fair trial is a must, but whos definition of fair, The victims or perpetrators? That said, after a fair trial, if the person is found guilty, they should receive a sentence that makes them say "Oh shit I do not ever want to be here again", and makes other prospective criminals think twice.

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However, I also have a BIG problem with the blaming of others. I think that California Governor Pete Wilson put it best in denying clemency to Robert Alton Harris, who had blamed fetal alcohol syndrome and unstable childhood for his crimes. After condemning the abuse of children and fetal alcohol syndrome, he wrote something like (paraphrasing): "Robert Harris the child had no choice. Robert Harris the man had a choice, and Robert Harris the man chose to take two innocent lives."Society is usually not to blame for a person's choices.



Oh I so agree. Criminal sickos have all the excuses " Dad beat me, mom ignored me and smoked crack, my sister was a hooker, and sometimes I just don't feel fresh...." . It kills me when society gets all heartbroken over the sad stories of sick animals. When one considers the amount of social services in our society, I can comfortably say that nobody in our society needs to be a criminal...they choose to.

Richards
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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There is no right to a humane death for a murderer.



I am middle ground on this. We do not live in the dark ages so I think burning at the stake, or being stretched on the rack would be gratuitous acts of sadism.

That said spending fuckloads of dollars on tring to find ways of making execution pleasant (counsellors on hand for the condemned, choice of last meal, being given drugs in advance to help them feel calm, specialized expensive lethal injection machinery to put him to death peacefully, and endless whining when it appears that one or two of these clowns felt some discomfort.....I mean come on! What are these people...royalty? Modern hangings are quick enough, so are firing squads. There is some pain but it is quick and cheap.

Richards
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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As for violent crimes, there needs to be a reasonable middle-ground. If we jumo too quickly to harsh punishment, I think we will have a situation of all-or-nothing when criminals are cornered. It could actually spark more violent crime. To think that we can lock em up longer and enact deterrence is inane.



That same argument has been used with respect to police chases. The argument that if someone is trying to evade police they are likely to cause a crash so police should not pursue. I disagree. A judge can take into account other factors but once convicted there should be a reverse onus on the defence to explain why the maximum penalty is not required. If you are concerned about criminals reacting violently when cornered then we simply have to increase the penalties for resisting/evading arrest.

Richards
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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Yes a fair trial is a must, but whos definition of fair, The victims or perpetrators? That said, after a fair trial, if the person is found guilty, they should receive a sentence that makes them say "Oh shit I do not ever want to be here again", and makes other prospective criminals think twice.




For the most part, I don't think it's the punishment (whatever it is...jail, death penalty, whatever) that's the deterrant. It's the act of enforcement.

For example, most people speed on the freeway, even if it's only a few miles over the limit. You just get going with the flow of traffic and find yourself doing 70 instead of 65, and you don't think of it as a big deal... until you see a police officer. Then, you look at your spedometer and you slow down if you need to so you're going under the limit. It isn't the fact that it's illegal and punishable by a very expensive ticket, it's that the cop is there, and you're going to get caught. It wouldn't matter if the ticket fine was $25 or $2500. You're still going to slow down when you see a cop.

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For the most part, I don't think it's the punishment (whatever it is...jail, death penalty, whatever) that's the deterrant. It's the act of enforcement.

For example, most people speed on the freeway, even if it's only a few miles over the limit. You just get going with the flow of traffic and find yourself doing 70 instead of 65, and you don't think of it as a big deal... until you see a police officer. Then, you look at your spedometer and you slow down if you need to so you're going under the limit. It isn't the fact that it's illegal and punishable by a very expensive ticket, it's that the cop is there, and you're going to get caught. It wouldn't matter if the ticket fine was $25 or $2500. You're still going to slow down when you see a cop.



I see that to an extent, but you are speaking from the perspective of someone who respects the law. I do agree that all the penalty in the world means nothing if you will not get caught, but with respect to hardenned criminals I am not sure that the speeding analogy is entirely accurate. Many criminals do factor in minor fines and short jail sentences as the cost of doing business. Marginal benefit vs marginal cost. While you cannot get rid of crime I think that increasing the marginal cost will put some criminals out of the market. That said I think the presence of cops does help deter would be bad guys. Do think we should have more cops walking beats (as opposed to driving around in their bubble(car) so as to increase the presence?

Cheers,

Richards
My biggest handicap is that sometimes the hole in the front of my head operates a tad bit faster than the grey matter contained within.

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As for violent crimes, there needs to be a reasonable middle-ground. If we jumo too quickly to harsh punishment, I think we will have a situation of all-or-nothing when criminals are cornered. It could actually spark more violent crime. To think that we can lock em up longer and enact deterrence is inane.



That same argument has been used with respect to police chases. The argument that if someone is trying to evade police they are likely to cause a crash so police should not pursue. I disagree. A judge can take into account other factors but once convicted there should be a reverse onus on the defence to explain why the maximum penalty is not required. If you are concerned about criminals reacting violently when cornered then we simply have to increase the penalties for resisting/evading arrest.

Richards



So with police chases you say it's a good idea to pursue and kill innocent people as the perp runs lights?

As for sentencing, the onus is neutral; the prosecution brings in all aggravating circumstances and the defense mitigates. But as far as the logic goes, harsher punishment leads to essentially drawing teh line in the sand, only problem is when innocent people die in the process.

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For the most part, I don't think it's the punishment (whatever it is...jail, death penalty, whatever) that's the deterrant. It's the act of enforcement.

For example, most people speed on the freeway, even if it's only a few miles over the limit. You just get going with the flow of traffic and find yourself doing 70 instead of 65, and you don't think of it as a big deal... until you see a police officer. Then, you look at your spedometer and you slow down if you need to so you're going under the limit. It isn't the fact that it's illegal and punishable by a very expensive ticket, it's that the cop is there, and you're going to get caught. It wouldn't matter if the ticket fine was $25 or $2500. You're still going to slow down when you see a cop.



I see that to an extent, but you are speaking from the perspective of someone who respects the law. I do agree that all the penalty in the world means nothing if you will not get caught, but with respect to hardenned criminals I am not sure that the speeding analogy is entirely accurate. Many criminals do factor in minor fines and short jail sentences as the cost of doing business. Marginal benefit vs marginal cost. While you cannot get rid of crime I think that increasing the marginal cost will put some criminals out of the market. That said I think the presence of cops does help deter would be bad guys. Do think we should have more cops walking beats (as opposed to driving around in their bubble(car) so as to increase the presence?

Cheers,

Richards



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Many criminals do factor in minor fines and short jail sentences as the cost of doing business.



Most criminals don't have complex thought processes and teh ones that do rarely get caught. I don't see criminals factoring in the possibility of getting caught.

I understand your position and frustration with crime, but to lower the iron fist is unworkable, unrealistic and fruitless.

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