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The Forum > Article Comments > Remember to cry it might mean another year inside > Comments

Remember to cry it might mean another year inside : Comments

By Alexander Deane, published 8/9/2005

Alexander Deane rejects the idea of introducing a system of victims' advocates

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Sentences according to the crime; what a novel idea. Just where may we see this in operation? Will the law-breaking high court judge be subject to your novel approach punishment or shall he continue to sit in judgement of others?
Posted by Sage, Thursday, 8 September 2005 12:15:20 PM
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Maybe instead of the additional expense of "advocates", Mandatory sentencing, based on tested community expectations would serve better than leaving out-of-touch judges to decide.

Alternatively, maybe judges from a wider range of backgrounds than the rarified atmosphere of "the law" would prescribe more appropriate and "balanced" sentences.

Further, I see no reason why judges should not be elected - as they are in USA. - The problem with the current system of "tenure" is - it protects the mediocre from the realities of life - just like "tenure" in "academia" - they are just sheltered workshops for the incompetent and invariably paid from the "public purse".
Posted by Col Rouge, Thursday, 8 September 2005 12:39:41 PM
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Good article. It seems to me that the proposed approach is not to different to suggesting differing sentences for someone who rapes a sexually active woman compared to raping a celebate woman. A approach which I understand is widely opposed.

It is always a problem when society attempts to treat people differently based on value judgements regarding the impact of something on them. Society might measure aspects of the impact differently to the way I would choose to measure them.

R0bert
Posted by R0bert, Thursday, 8 September 2005 1:39:40 PM
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Col Rouge

I like your first sentence.

Who are the "mediocre"?

I was bashed first, and then raped by 2 strangers in 1993.

The DDP took the "Judge" back to court on the grounds that he was using data 20 years out of date. The Judge admitted that in the papers. Even so - one got off on 200 hours community service (because he had a built-up shoe and was disabled), and the other had his sentence increased to 4/12 years!

Am I "mediocre"?

The VICTIMS OF CRIMES GROUP VIC helped me a great deal - on an emotional level.

And thanks Alexander for your article, just that I find Col Rouge's comments difficult.

Cheers to all
Posted by kalweb, Thursday, 8 September 2005 9:35:58 PM
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May I suggest that before people start getting stuck into this topic they spend a bit of time doing some research? Like maybe reading through the the remarks on sentencing available via such websites as 'Lawlink' in NSW, or maybe more radically sitting through some entire trials and sentencing procedures?

I am not a lawyer, but I have had quite a bit of time sitting in court rooms listening to trials. Judges are not as detached as some people would have us think that they are. Judges have families, sometimes families that are touched by tragedy and crime. They have guidelines and principles to follow, and sentences passed by them are always able to be appealed by either side.

And maybe we should all remember my namesake's(ha ha)injunction in Shakespear's play:

"Treat them better. Use every man after his desert, and who shall scape whipping?"
Posted by Hamlet, Friday, 9 September 2005 12:24:29 AM
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Col Rouge and others

Total embarrassment from me. Please disregard my previous post. Clearly I totally misinterpreted what Col was saying.

My apologies
Kay
Posted by kalweb, Friday, 9 September 2005 6:14:34 PM
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