[slash]
> Yes, but... The judge should be there to serve a sentence that fits the
> crime committed not that which satisfies what the community thinks should
> be dealt out. Often the community can be overly emotional on the subject
> at hand and thus there wishes are unfair for the criminal.
>
> We must remember that even though they have done something wrong they are
> still people and the sentence brought down is with regards to *their*
> actions not to appease the community of their actions.
>
How does a judge, or the legal system, decide on what sentence fits the
crime? Is it not based on the societies view of the seriousness of the
crime? [exclude case of sexual harrasment in NSW courts]. The sentencing
scheme is not absolute from country to country, this shows that the legal
system is a social arbiter. The community attitudes to murder dictate
that the murderer is restricted from community, whereas a person who is
speeding is only fined.
The fact that they have done something wrong is only in regards to the
societies concept of right and wrong, which is based on a historical
build up of what actions are considered anti-social. This is by no means
absolute.
[slash]
>
> This is a very calice view. Yes the rehabilitation can be seen to benefit
> the society in returning citizens who will conform to the legal aspects
> of society (not that it always works), but It is *not* put there for the
> purpose of saving the community but rather of helping the criminals come
> back into society
>
I believe that rehabilitation is attempting to ensure that the offender
is able to function within the bounds of the society. 'Helping' a
'criminal' may not be what they want. If they do not percieve that there
actions were 'wrong' then the 'rehabilitation' process is going to have
to be extensive. [images of George Orwell's '1984' inserted, especially
the rats].
> >
> > On a less etherial point I suggest, given the transitory nature of data,
> > that any accused persons account should be locked *immediately*, until the
> > matter is decided. Also that false accusation should be considered grounds
> > for possible offence.
> >
>
> This on the other hand is very fair.
>
Agreed, if someone knows how to do something wrong, there is always the
possibility that they know how to hide it as well.
Just a thought
Richard
|=======================================================================|
| | "Midnight shakes the memory |
| rafollan@nospam.socs.uts.edu.au | As a madman shakes a dead geranium." |
| | Thomas S. Elliot |
| | 'Rhapsody on a Windy Night'|
|=======================================================================|
The opinions expressed in this article are not intended to annoy, incite
riot, violence, or thought, but if they do, so be it.
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* *
* The invention of the computer has allowed mankind to make mistakes *
* faster than any other invention, except perhaps tequila and a hand gun*
* *
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