In the UK if you commit a crime the judge will hand you down a sentence based on guidelines. Fair enough.
If you commit the same crime and a newspaper editor chooses to make you front pages news your sentence will be longer based on the fact that justice needs to be seen to be done.
Does that strike you as unfair?
Paul
Justice needs to be seen to be done
by usualusername 7 Replies latest jw friends
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usualusername
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cofty
Do you have any evidence that pubicity influences sentencing?
Usually judges are obsessed with making sure press coverage doesn't effect trials.
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adamah
The answer depends on what benefit you see punishment as serving in society.
If you think of "justice being served" in the sense of the guilty party being punished so vengeance is delivered on behalf of the victim for the crime, then NO; publicity shouldn't enter into the picture, since the punishment is for retribution/retaliation only.
HOWEVER, if you look at "justice being served" with punishment exerting some sort of preventative effect on society (where the punishment delivered sends a strong warning to those who may have heard of the crime and are considering doing the same act to another), then YES, since greater publicity means the original crime was broadcast widely, and stiffer punishment is warranted in order to have greater deterrence value.
Adam
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jgnat
In Canada also Judges are given guidelines for sentencing and can get in trouble if they vary from that. Here is an unusal case here in Edmonton where the perpetrator was given a consecutive sentence, something nearly unheard of in Canada. See if you agree.
"In his decision, Rooke considered two aggravating factors: that the crime was planned and was a breach of trust, saying Baumgartner was hired specifically to keep his colleagues safe."
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Poztate
In a country without capital punishment the fact that he was given a CONSECUTIVE 40 YEAR SENTENCE was indeed juctice and a fitting end to his crimes.
concurrent sentence n. when a criminal defendant is convicted of two or more crimes, a judge sentences him/her to a certain period of time for each crime. Then out of compassion, leniency, plea bargaining, or the fact that the several crimes are interrelated, the judge will rule that the sentences may all be served at the same time, with the longest period controlling.
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cantleave
I disagree with the premise of this post.
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jgnat
Oops, good catch Poztate.
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Band on the Run
I don't believe it is true that the amount of publicity determines the length of the sentence. Sentencing guidelines are now widespread. i recall when judges had freer hand to determine sentences. Private reports are generated for the judge. Remorse matters. Restitution matters. Appeals matter. My experience is with NYC but in smaller cities one can try to find more favorable judges. It is a mixed bag.
We supposedly have walked away from retribution to rehabilitation and restitution. I worked for a federal prosecutor. It is hard for me to say. When I started working with inmates, I was more progressive than now. What changed? Perhaps law school itself makes you more conservative. Mostly my experience interviewing inmates accusing correctional officers of brutality. Yes, brutality was present. Our prison population is way too large. It is very skewed racially. There can be no accident. The numbers are staggering. My experience was that most inmates were proud of their crimes. Perhaps prison brutalizes inmates. Society needs protection from a certain segment of very violent offender.
I decided I hated prisons so why work in one?