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celtic 302
25-Apr-07, 13:11
I was watchin the news last night, when a thought struck me... I saw the case of (i think) a rape vitcim who's suspected attacker got a verdict of not guilty... i then saw the mother of the victim make a statement afterwards in which she said, (not an actual quote) "i will not rest until i see Mr X (cant remember his name) put behind bars, and until justice is done for my daughter." This started me thinking. She wants him to go to jail for raping her daughter... this she calls justice. Which is well and true, but however he may not have done it, in which case Another type of justice has been done by not putting Mr X in jail. So, here comes the point of this lenghty rant, I see on the news, often, that parents of rape or murder victims want to put the man on trial behind bars... they want justice. However if there is enough reasonable doubt for the jury ot find him/her not guilty then there is the chance that him/her did not do it.

I would call the not guilty verdict of an inocent man Justice, like i would call the guilty verdict of a guilty man Justice. Justice is not getting someone put behind bars for a crime, its getting the right man put behind bars for a crime.

j4bberw0ck
25-Apr-07, 13:20
"Better that ten guilty men go free than to incarcerate one innocent man" is the principle, but rape is very difficult to prosecute successfully and if there's any suggestion at all that the woman consented, then it's not guilty. It becomes one person's word against another's. I agree with you though; the interesting thing would be if, having been found not guilty, the accused who was publicly named as a rapist after the case, by the mother, decided to sue the mother for libel (if it was broadcast on television it would be considered to be the more serious offence of libel, not slander, even though it wasn't a written accusation).

celtic 302
25-Apr-07, 13:29
I agree. However a better man would just let it go. I forgot to mention that i am not saying that he was not guilty, the rape case was just an example. However you are right when you said that one sign of consent and he will be not guilty, that why defense lawyers are payed so well, so they can find that smidgen of consent. i just wanted to say how victims think justice is putting anyone behind bars. i dont want to judge anybody who is or has been on trial and found guilty or not, when the evidence is vague.

If you keep an open mind about people i think you (the you not being anyone in particular) will handle life alot better.

j4bberw0ck
25-Apr-07, 13:55
I agree. However a better man would just let it go. I forgot to mention that i am not saying that he was not guilty

But the way the law works (or is supposed to) if found not guilty, he IS not guilty! Not just someone who got way with it.....

And I think you're right too about a better man just letting it go, but it's the possible gap between having been found not guilty and having got away with it that's interesting. Would a hearing for libel (which is a civil rather than criminal matter) have to re-examine the facts and the testimony, and could it possibly arrive at a different verdict to the criminal court?

It would be a bit like those rare cases where an alleged "victim" succeeds in suing an alleged "perpetrator" for damages - and wins - despite the perpetrator having been found "not guilty".

golach
25-Apr-07, 14:40
Until one sits on a Jury in a High Court trial, it is difficult to understand some of the newspaper headlines, the reporters varely report the Judges recommedations to the Jury before they go for deliberation, that can make many of the Jury alter their judgement.
I have been on Jury duty on a serious charge, and it was not one of the easiest jobs I have ever done, but it was an experience I would recommend everyone should try.

justine
26-Apr-07, 15:16
What is justice. Justice is about getting the right man or woman behind bars for the right crime and the right ammount of time. If only it was as simple as that in reality....

Solus
26-Apr-07, 15:32
Golach, agreed its not the easiet thing to do, but try standing in the dock giving evidence, everyone knows the defendant is guilty, but his lawyer will try his very best to play a war of words with you, pressure you to saying something not on your statement, slighest slip up and they are in like a terrier !!! used to make my blood boil ..... :mad:

and before it starts, i know everyone is entitled to a fair trail.... but some lawyers cant be very nasty people and press buttons just to get a reaction !!!

golach
26-Apr-07, 15:37
Golach, agreed its not the easiet thing to do, but try standing in the dock giving evidence, everyone knows the defendant is guilty, but his lawyer will try his very best to play a war of words with you, pressure you to saying something not on your statement, slighest slip up and they are in like a terrier !!! used to make my blood boil ..... :mad:

and before it starts, i know everyone is entitled to a fair trail.... but some lawyers cant be very nasty people and press buttons just to get a reaction !!!
A certain defence lawyer with a beeg moustache who smokes a pipe and has the intials DF, can make my blood boil without saying a word....but that is what he is paid mega pounds for

Solus
26-Apr-07, 15:47
oh he is such a charming man ! we have had words before, he called me Mr officer once, so my reply was Mr lawyer ! there was a few titters around me

Solus
26-Apr-07, 17:20
Tell me about it danc1ngwitch.... spent the last 10 years dealing with those type[disgust]

mareng
26-Apr-07, 21:13
Whenever you see someone taken to court for a particularly foul crime, you invariably see the baying crowds at the arrival. They seem to have already tried the "accused" and found him/her guilty.

Are they looking for justice or only "blood"?

Justice demands an appropriate recipient

The "blood" donor could be anyone.

North Rhins
26-Apr-07, 21:24
The radio has been non stop today about Hugh Grant’s alleged assault against a member of the paparazzi with a tub of baked beans. Now that’s what you call crime. Non of your mamby pamby murders or robberies. I mean a tub of beans is a serious weapon, one of them beans could have your eye out. ;)