|Lock him/her/them up!|
So-and-so has been found guilty of such-and-such. That piece of scum deserves to rot in hell for what he/she did to that other person/those other people. What a terrible crime/series of crimes!
… (according to Halsbury's Laws of England) it evolved more than 200 years ago because the legal establishment felt that the uneducated criminal classes should be protected, as a matter of fairness, from incriminating themselves.The right to silence is not some archaic legal principle that has no value in today’s legal system. The right is inextricably linked to the presumption of innocence. If we believe in the presumption of innocence, then it is for the agencies of the state to prove a person’s wrongdoing. If we are now to say that accused people must take the stand, we are really saying we think they are guilty and that it is for the accused to prove otherwise. That is effectively a presumption of guilt.
Can a law designed to protect uneducated ancient Britons from themselves have any place in today's educated society where personal accountability is required in all other aspects of life?
The dysfunctional role that legal aid can now play in criminal trials also deserves scrutiny. Legal aid was introduced to ensure that those facing criminal charges had access to legal advice and representation.But that’s absurd. Legal aid has been cut to the bone, and the pay structure is such that there are now perverse incentives for lawyers to encourage their clients to plead guilty.
Again, because a criminal trial is not held to establish the truth but sets out to establish whether the prosecution can prove its case beyond reasonable doubt, legal aid often gets used (perfectly legally and properly under the present defective system) to fund evidence to cast doubt on the prosecution case.
The [mother/father] of [one of] the victim[s] of a notorious [murderer/rapist/sex offender] has slammed the corrections system, after the Parole Board's decision to release the man back into the community.
[name of bad person] was sentenced to [insert number] years' imprisonment in [year] after [recite gruesome details of his crimes. Yes, his. It's always a man]. [surname of bad dude] was released from prison last week after serving [number] years of his sentence.
At the hearing the board noted that [name] [list all the various mitigating factors. e.g. no threat to the community, remorseful, made good progress, found Jesus, good family support, previously blameless life, etc etc..]
But relatives of [name]'s victim[s] told the board that [reiterate that he a bad bad man]
In making its decision the board acknowledged [mention his risk of reoffending, acknowledging seriousness of what he did etc.], but noted [insert here some more shit justifying the release].
[name of victim's parent], the [mother/father] of [victim's name], has blasted the Parole Board's decision.
"[bad man, destroyed family, is monster, let down by system, evil etc etc]", [name] said.
"No family should ever have to endure what we've had to go through", said [name].
The Sensible Sentencing Trust has also attacked the board's decision.
"[Parole board out of touch with reality, symptomatic of wider failings of justice system, no respect for the law, wet bus ticket, PC lunacy, liberal do-gooders, outraged, some people can't be rehabilitated, pure evil, life should mean life, clever lawyers manipulating the system for their clients, enough is enough, I speak to the parents of the victims all the time, this isn't justice, moral decay, we can't go on like this, scumbags, an insult to victims, this man has never shown an ounce of remorse for what he did, it's a bad joke, personal responsibility, where's the justice?]", said the group's spokesperson Garth McVicar.
The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. The cases where this right of property is set aside by private law, are various. Distresses, executions, forfeitures, taxes etc are all of this description; wherein every man by common consent gives up that right, for the sake of justice and the general good. By the laws of England, every invasion of private property, be it ever so minute, is a trespass. No man can set his foot upon my ground without my license, but he is liable to an action, though the damage be nothing; which is proved by every declaration in trespass, where the defendant is called upon to answer for bruising the grass and even treading upon the soil. If he admits the fact, he is bound to show by way of justification, that some positive law has empowered or excused him. The justification is submitted to the judges, who are to look into the books; and if such a justification can be maintained by the text of the statute law, or by the principles of common law. If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. [emphases added]Entick v Carrington  EWHC KB J98
Government will pass temporary legislation suspending the effect of a Supreme Court decision which ruled covert camera surveillance by police unlawful.
The bill will pass next week under urgency, Prime Minister John Key said.
A permanent fix would be included as part of the search and surveillance bill due to pass after the election.
Mr Key said speed was essential because the ruling in the Ureweras case would have jeopardised police investigations.The problem has arisen because, as Chief Justice Elias said in the Supreme Court judgment:
He said the Crown Law Office advised Cabinet it meant almost all use of covert video surveillance was unlawful.
"This has significant implications for law and order in New Zealand."
Parliament has not however provided legislative authority for covert filmed surveillance, despite recommendations that it should do so. The courts cannot remedy the deficiency through approval of police action taken in the absence of lawful authority without destruction of important values in the legal system, to the detriment of the freedoms guaranteed to all.In most functioning democratic societies citizens are protected against breaches of privacy by agencies of the state. Such is still the case in New Zealand, although that is about to change. I haven't seen the proposed legislative "fix", but it sounds as if from next week onwards police will be able to spy on anyone they please. Greg O'Connor must be thrilled.
Critics say new figures on bootcamps for young offenders show they don't work.Admittedly, this is a pretty small sample. But the evidence that boot camps work just doesn’t exist.
A trial of military style camps shows the number of young people who reoffend once they leave the programme is growing.
The Military Activity Camps were launched by the Government last October, with 17 young people going through the military activity camp. Ten have now reoffended.
One of the men charged with looting after the earthquake is autistic and has a mental disability that compels him to steal light fittings.Mr Smith’s sister has told the Herald that Smith has Aspergers syndrome, and that it makes him “collect” light fittings.
Arie Smith, 25, became a figure of hate when he was named and shamed after appearing in a makeshift district court charged with theft. He was photographed with a black eye.
He was denied bail by the judge to send a strong message to Christchurch looters, and was remanded in custody until his next appearance.
A bitter spat has broken out after Sensible Sentencing Trust spokesman Garth McVicar called for the head of Police Commissioner Howard Broad.
Labour MP Clayton Cosgrove this morning condemned McVicar for what he said amounted to a ''crass and insensitive attack'' on Broad.It's nice to see Labour finally standing up to McVicar. His influence on the criminal justice system has done nothing to reduce crime. The violent crime stats continue to be negative. His supporters demand retribution and punishment over rehabilitation and prevention, but we've been punishing for years and it doesn't seem to be working. We know that a stint in jail doesn't make most people better citizens. In fact, many come out much more hardened criminals than when they went inside.
Cosgrove said McVicar's attack, which was over comments about rethinking who is sent to prison, were unbelievable given what police were going through following the tragedy at the Pike River coal mine.
McVicar yesterday said Broad should resign immediately over his comments to MPs at parliament on Wednesday. At a select committee hearing, Broad indicated police were trying to prevent crime rather than focus solely on prosecuting.