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Thread ID: 103605	2009-09-29 19:31:00	Court justice?	kenj (9738)	PC World Chat

Post ID	Timestamp	Content	User
815277	2009-09-29 19:31:00	There has been a bit of discussion about sentencing and justice in another multi subject thread in which I brought up the sentencing in this case yesterday. In this thread the court system was discussed and defended or criticised by contributors. home.nzcity.co.nz In the above URL, I would be interested if any of our esteemed members could put up a defence for the stupidity of the 3 year term and also, why!!! It seems to me to be a grave miscarriage of justice and we, as a country should be ashamed of ourselves for allowing this to happen. Ken	kenj (9738)
815278	2009-09-29 19:45:00	Should of got at least 10 years non parole. :)	Trev (427)
815279	2009-09-29 20:15:00	There has been a bit of discussion about sentencing and justice in another multi subject thread in which I brought up the sentencing in this case yesterday . In this thread the court system was discussed and defended or criticised by contributors . . nzcity . co . nz/news/article . aspx?id=105595&fm=psp,nwl" target="_blank">home . nzcity . co . nz In the above URL, I would be interested if any of our esteemed members could put up a defence for the stupidity of the 3 year term and also, why!!! It seems to me to be a grave miscarriage of justice and we, as a country should be ashamed of ourselves for allowing this to happen . Ken My guess (and I'm not connected to this case in any way) is that the offender met with the family for the purposes of a Victim Impact Report or Emotional Harm Reparation Report as it says in the article that the Victims family met with the offender . If so the process is similar to the process used in family group conferences, where the offender meets with the family, discusses the offending and the family has a chance to say what they think should happen . This is restorative justice versus punitive justice . So if this is what happened it is likely the family may have forgiven the offender (to some extent) and may have suggested in the report to the Judge that a lesser sentence be imposed . In these circumstances the Judge could have taken into account the restorative process had taken place and would have taken that into account in sentencing . People are remarkably forgiving when they have a chance to talk to the offender, I've seen people ask for non-custodial sentences although the reality in this case is the offending would be too serious to not have imprisonment imposed . I went through a restorative process as the victim of a burglary, and several people turned up ready to lynch the young offenders involved . However after everyone had had their say (and there was a huge amount of anger as no one enjoys having their house burgled), the group decided on reparation and community service (and an apology and a few other small things) . I got the reparation paid to me over the next year by the way, and for me paying back what I had lost was more important to me than throwing them in jail . Anyway I'm sure this thread is a complete set up for the get tough brigade, but the reality is we all don't know the circumstances and if the victims family was involved in the restorative process, it may well be that three years is an appropriate sentence, albeit is seems light .	Twelvevolts (5457)
815280	2009-09-29 20:32:00	Anyway I'm sure this thread is a complete set up for the get tough brigade, but the reality is we all don't know the circumstances and if the victims family was involved in the restorative process, it may well be that three years is an appropriate sentence, albeit is seems light. It doesn't matter, does it? Being sorry or being forgiven does not mean they did no wrong and as far as I see it only a psychopath would not be sorry. And how easy is it to just say "oh I'm sorry", it words man - nothing more. It was a 78 year old guy, he crashed his car, whatever. Provocation ain't it? Another victory against humanity.	Cato (6936)
815281	2009-09-29 20:39:00	Three years for an act like that sends a pretty strong message. (It may be the "Island Way", but this is NZ, not the Islands.) Just as we have a 230 volt electrical system not a 12 volt one, we should reserve oddball rules for oddball places far from the "NZ Way".	R2x1 (4628)
815282	2009-09-29 20:58:00	I am not a member of the get tough brigade - in most cases! This thread is not a "setup" I do have concerns at our justice system and how people use it. I have a small understanding as a result of nearly 10 years of CAB membership in the 90's. I do understand restorative justice and have been involved with this in a minor way. The problem is, how do you know when someone is truly remorseful, or just going along with the system to get a lesser sentence. I have had "clients" (to use the modern idiom) who have discussed with their support person about how they will lie to the police to get rid of an abusive partner. One case, they were prepared to "fabricate" that the partner was sexually abusing their children. This disgusted me and I walked out of the room and asked for our (woman) co-ordinator to take over. It was this the last straw for me and I resigned shortly afterwards. I think I just got sick of people constantly wanting advice on how to screw the system. People appear in court, dressed up nicely, hair cut, clean shaved and put on a great show for the court. I would be interested in statistics on re-offenders after restorative justice has been applied. As for the case in question, the offender dragged the old man out of the car and beat him to the extent that it ended his life. And then says "Sorreeeee" Ken	kenj (9738)
815283	2009-09-29 21:01:00	The words Courts and Justice should NOT (in my view) be used in the same sentence (sic). All too often peple get off when they are guilty on a technical point of law or somesuch. It also can't be denied that some people are incarcerated when in fact they are innocent.	Sweep (90)
815284	2009-09-29 21:06:00	I am not a member of the get tough brigade - Ken Likewise,I think they should all be let off .	Cicero (40)
815285	2009-09-29 21:08:00	The words Courts and Justice should NOT (in my view) be used in the same sentence (sic). All too often peple get off when they are guilty on a technical point of law or somesuch. It also can't be denied that some people are incarcerated when in fact they are innocent. People rarely get off on technicalities, unless the prosecution really stuffs it up like failing to identify the offender as the person in Court. Undoubtedly people get put in jail who are innocent, but if you move to an American style system then that will happen a lot more not less. In fact people get put to death who are innocent there.	Twelvevolts (5457)
815286	2009-09-29 21:12:00	Likewise,I think they should all be let off. :lol::lol: Ken	kenj (9738)
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