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The Forum > General Discussion > Setting criminal sentences - Judges or Parliament?

Setting criminal sentences - Judges or Parliament?

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Minor Rape Charge

http://justice4assange.com/Sexual-Offences.html

I heard a commentator speaking on Minor Rape Charges on TV recently. It seems that people who have consented to sex but didn't like the sex that they got can now bring a charge against the other person.
Posted by Lorikeet, Monday, 11 June 2012 3:50:00 PM
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I also agree with the person who said that the media engage in misreporting of cases before the courts. Sometimes they get 2 cases that are being heard at the same time confused together. Sometimes they engage in sensationalist journalism just to attract viewers.

In 2 out of the 3 cases I sat on, some of the facts were misrepresented in newspapers, not necessarily deliberately.

Another issue lies with a defendant's financial status. The person who can afford the best lawyer is more likely to get off altogether or be convicted of a lesser charge. He/she is also more likely to get back out on Appeal.

The very poor only have access to Legal Aid lawyers who seem to be less competent. If convicted, they have a good chance of getting back out on Appeal, because they don't have to pay to have a Legal Aid lawyer to represent them.

As for the average Aussie, once a person is thrown into the slammer, they are much more likely to have to stay there, as they are not eligible for Legal Aid and may not be able to afford a lawyer to conduct an Appeal.

Lots of poverty stricken coloured people get thrown into jail by biased jurors, but quickly get back out again on Appeal.

Having people of various races on juries may help to prevent overt racist attitudes coming to the fore in the Jury Room, but they don't prevent people from voting according to their personal biases during deliberations.

The main advantage of Mandatory Sentencing could be that the crime rate would reduce once a trip to prison became a dead certainty.

About 20 years ago, I had a friend who worked with street kids who sold drugs and stole cars. Once they hit the age of 18, their antisocial behaviour ceased due to the strong likelihood of a trip to prison.

Then after the law went soft on young adults, my friend quickly noticed that their bad behaviour continued. So I would see Mandatory Sentencing as a possible deterrent to at least some types of crime.
Posted by Lorikeet, Monday, 11 June 2012 4:17:08 PM
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"It seems that people who have consented to sex but didn't like the sex that they got can now bring a charge against the other person"

Good grief. And glad you found somewhere to vent ... about everything.
Posted by StG, Monday, 11 June 2012 4:24:46 PM
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This is useful information. Why belittle another person's input by labelling it venting?

You haven't added a single piece of positive input, so why bother?
Posted by Lorikeet, Monday, 11 June 2012 8:36:43 PM
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I'd like to know the rationalé of letting a 15 year old go without any punishment after damaging Government property $6000, smashing up a Policeman's private vehicle, throwing a brick through the windscreen of a Police car while the Police where in it, breaking into private residences & stealing computers, breaking into Pubs (on security video) smashing doors & windows & defecating behind the bar in full view of the security camera (knowingly) etc etc.
This peace of crap cost me over $30,000 and grins at me every day he sees me because our dumb as dog $hit magistrates let him off every time.
Posted by individual, Wednesday, 13 June 2012 8:54:44 AM
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I am opposed to an American like system where its thought democratic to elect everyone, be it judges or the local dog catcher, all you end up with is a politician acting as a judge or dog catcher.
The present system in Australia has its faults, not the least the complexity and the cost, a very costly system indeed. I support the jury system, although there are many within the legal profession who see juries as an unwarranted intrusion into their domain, 12 amateurs sticking their noses in when it don't belong.
I support the doctrine of the 'separation of powers' which divides the institutions of government into legislative, executive and judicial. With the legislature making the law; the executive putting the law into operation; and the judiciary interpreting the law. It is important to have each arm independent of the others always keeping the powers and functions of each arm separate.
Of course we could replace all the above with trial by media,as we often do. Where after a 30 second grab on the 6 o'clock news we could have viewers 'push red on their remote if they think the 'guilty party' should get 20 years up the river' push green if you want to let him go.'
Then Larry Emdur could bounce on in with "Hi there viewers, If you didn't tune in last night, you don't know what you missed. Karl the car thief from Kooyong got 15 years and a BMW. Cheryl the shop lifer was most unlucky to only land a 10 stretch. So stay tuned tonight because Bob the Basher will be playing for a life sentience! that's right, we could see Bob spending the rest of his natural life in a secluded hide-a-way, witch includes 1 star accommodation in the prison of his choice. stay tuned for that one, Now, Earnie the Embezzler, COME ON DOWN!"
Posted by Paul1405, Wednesday, 13 June 2012 9:14:18 AM
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