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The Forum > General Discussion > Mandatory life term for cop killers

Mandatory life term for cop killers

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You might need to look up the term "murder" by legal definition, Ludwig. You can't accidentally murder someone.
Posted by StG, Monday, 23 May 2011 6:32:14 PM
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Dear o sung wu,

Talking about history...

Let's also remember that as David Marr writes in an essay called,
"His Master's Voice: The Corruption of Public Debate under Howard," that:

"John Howard had the loudest voice in Australia. He cowed his critics, muffled the press, intimidated the ABC; gagged scientists, silenced NGOs, censored the arts, prosecuted leakers, criminalised protest, and curtailed parliamentary scrutiny...More than any law, any failure of the Opposition or individual act of bastardry over the last decade, what's done most to gag democracy in this country is the sense that debating John Howard gets us nowhere..."

As you say, the rest is history indeed. The Liberal Party, supposedly the bastion of smaller government and less intervention is still full of people who are ardently in favour of regulating who we sleep with, who we marry, what we do with our bodies, who can have children and how... Plus we should all be unhappy that in a country where state and church are separate a political party leader would let himself be led by his responsibilities to his church first and his constituents second. We should all be concerned that if elected as PM the integrity of his role would be compromised by his religious position.
Posted by Lexi, Monday, 23 May 2011 6:54:18 PM
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Guess I should elaborate...

Murder: The UNLAWFUL killing of one human by another, especially with PREMEDITATED malice. (capitalized by me)

They would be found guilty of murder, THEN the sentence would be life because they murdered (premeditated and unlawful) a copper. So they should. Setting out with the intention to kill a police officer should be life. About time they started increasing sentences across the board.
Posted by StG, Monday, 23 May 2011 7:05:34 PM
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Whilst I understand the distinction you make Stg, police are excellent manipulators of the legal system already. Try and convict a police officer of UNLAWFUL killing and you will find they will close ranks.

In the case of the Palm Island case we may have legal resolution, but still have no real resolution, and with certain multiple tazering incidents where the victim was killed, the police legal position seems to defy logic.

If we are to introduce mandatory sentences at all, for any reason, the notion of the right to a fair trial (if there is such a thing), is redundant, because the discretion of a judge in sentencing cannot be exercised in any, or particular case.

Without the discretion of a judge and/or jury etc, the legal notion of fairness is out the window , police or not police. Full stop.
Posted by thinker 2, Monday, 23 May 2011 8:51:58 PM
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...David Carthy was an off duty policeman drinking at a hotel in Fairfield, Sydney, when confronted by his assailants at the rear of the hotel. Not the cut and dried murder of a policeman in the line of duty; and I don’t think the incident is the correct one to demonstrate the necessity for a need for change to current laws.

...Also it appears, the retired director of the DPP, Nicholas Cowdery, disagrees with the decision on the grounds that the change removes flexibility of the judiciary to judge on the given circumstances of an event such as this.

...So as tragic as the death of David Carthy was, the circumstances of this attack lacks the status of “special merit”, and should not warrant changes to the existing law applicable to police killers on the strength of these particular circumstances
Posted by diver dan, Monday, 23 May 2011 10:36:10 PM
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Once apon a time murder was a life sentence no matter the status of the victim. Whatever happened to life sentences. They are rarer than hen's teeth.
Posted by pelican, Monday, 23 May 2011 11:00:50 PM
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