Australia's Courts are too soft.

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rasputin0009

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Kristian Fischer said:
Because harsher sentencing work as a deterrent.

NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOT.

The only thing harsher sentencing accomplishes is filling up prisons faster.
Completely right.

Prison and jail should be rehabilitation and not only punishment.

I'm glad I live in Canada for that reason. For example, my buddy drunkenly stole the national flag from the front of a police station at the age of 20. He went through multiple programs for first offenders that eventually resulted with him only paying a $40 fine (less than a speeding ticket). And he's never going to do something stupid like that again. See, if that happened in, say, America, he would of been in prison for 2 years (could be more, I don't know their rules when it comes to the national flag). Ruin a young man's life over something silly like that, and you could have a repeat offender on your hands. (By the way, I'm not trying to compare the beating of a child to this story)

There's a chance that that woman could live the rest of her life without being a threat to the rest of the world. She will never live a normal life since everyone around her will know what she did, and she will be tormented daily for it. And while in prison, she might be able to escape that torment. But she definitely won't in the real world. So living with the rest of society would be a worse punishment for her than living the rest of her life in prison.
 

chocolate pickles

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Amakusa said:
chocolate pickles said:
Kristian Fischer said:
Because harsher sentencing work as a deterrent.

NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOT.

The only thing harsher sentencing accomplishes is filling up prisons faster.
Not trying to sound like a dick, but i don't think that's true. If i was desperate, then i would be more likely to consider stealing something if the penalty was a fine + short prison stint rather than amputation of one of my hands.
For you yes, but that doesn't mean ever single other person that commits a crime factors in the length of how long the sentence is or whether there is capital punishment. It's more complicated than that. Going by your logic, every jurisdiction should have low crime rates if the death sentence was implemented on every major crime conceivable. Heck countries with death sentence for drug smuggling should have very little drug smuggling crime problems.
I'm not saying that harsher punishments are the absolute answer to halting crime, as in some countries where poverty is rampant and there is a lack of care for the poor, people will commit crime simply because they don't have much choice other than to starve. I do think, however, that harsher punishments can make a difference in more wealthy countries: For example, There are areas in Britain which are classified as poor. However, for the most part there are measures in place to make sure people in need in these areas have something to eat and somewhere to sleep. These people do not need to commit crime to survive like people living in poverty in other areas of the world, so isn't it possible that harsh sentences combined with a lack of need to commit crime in these types of area could act as a very strong deterrent against crimes of want? (E.g, I dont need this to survive, and the punishment is worth the risk)
 

Gennadios

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This isn't really the first time that someone that shouldn't have had children to begin with beats theirs to death.

My question is what are the courts doing to make sure that this person doesn't breed again when she's out in 7 years?
 

MrPhyntch

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chikusho said:
What's hard to achieve is the change in philosophy. People are too focused on punishment and vengeance to accept what would ostensibly be a positive change in society.
And there we are again. Punishment is NOT vengeance. When I was 5 and stole my brother's Halloween candy, did I get grounded because my parents felt a need to get revenge on me? Hell, my brother didn't even know I had done it, so I know he didn't have that desire. No, I was punished because I had done something wrong. Punishment and vengeance are two completely different things; punishment is a natural consequence (i.e. you steal you go to jail), whereas vengeance is generally disproportionate and yet strangely appropriate (i.e. you steal you get a hand lobbed off).
 

Mr. Eff_v1legacy

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WWmelb said:
We need the courts to start setting some serious examples, whether they actually work as a deterrent or not.
There is so much wrong with that statement.

For one, deterrence doesn't work. Those who commit crimes of that nature are impulsive and likely have a lot else wrong with them. They do not do a cost/benefit analysis of beating a child. To suggest as much is ridiculous.

So you advocate, then, punishment for the sake of it. That solves nothing, drains resources, and just creates further problems. Giving more power to the state doesn't help much either.

I understand your outrage. But a "tougher" penal system will do no good.
 

Amakusa

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chocolate pickles said:
Amakusa said:
chocolate pickles said:
Kristian Fischer said:
Because harsher sentencing work as a deterrent.

NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOT.

The only thing harsher sentencing accomplishes is filling up prisons faster.
Not trying to sound like a dick, but i don't think that's true. If i was desperate, then i would be more likely to consider stealing something if the penalty was a fine + short prison stint rather than amputation of one of my hands.
For you yes, but that doesn't mean ever single other person that commits a crime factors in the length of how long the sentence is or whether there is capital punishment. It's more complicated than that. Going by your logic, every jurisdiction should have low crime rates if the death sentence was implemented on every major crime conceivable. Heck countries with death sentence for drug smuggling should have very little drug smuggling crime problems.
I'm not saying that harsher punishments are the absolute answer to halting crime, as in some countries where poverty is rampant and there is a lack of care for the poor, people will commit crime simply because they don't have much choice other than to starve. I do think, however, that harsher punishments can make a difference in more wealthy countries: For example, There are areas in Britain which are classified as poor. However, for the most part there are measures in place to make sure people in need in these areas have something to eat and somewhere to sleep. These people do not need to commit crime to survive like people living in poverty in other areas of the world, so isn't it possible that harsh sentences combined with a lack of need to commit crime in these types of area could act as a very strong deterrent against crimes of want? (E.g, I dont need this to survive, and the punishment is worth the risk)

Hmmm so we are not talking about purely crimes of violence and instead about crime that has some element of property I take it? Since i think a crime of want would be a property type crime, like break and entering, robbery, fraud? And i have to assume you are talking about decent welfare combined with high punishment and the target population is the poor?

In short not necessarily. For example with motor theft, it wasn't high sentencing that reduced that crime rate down but by technological advances that makes it easier to track and lock down stolen vehicles with the newer models. Another example could be cyber crime, harsh sentencing hasn't stopped people from downloading pirated stuff of the net. And even financial ruin by the threat of the record company bankrupting you through the civil courts hasn't stopped it either concerning music and film downloading.

The problem with welfare is that people that are on it are harshly stigmatised, especially in Australia. They are easy targets for the media and can't really defend themselves from the attacks. Heck, A Current Affair loves to run programs that involves welfare bashing giving the example that if one person is committing welfare fraud, all of them are fraudsters and they have a history of misquoting figures from Centrelink. (they also run xenophobic immigration stories about asian invasion but that isn't relevant here).

Your theoretical reasoning seems to the rational offender model where people will be weigh up the risk and think that it's okay. However that doesn't apply to everyone, juveniles don't go through a prism of harsh sentencing when they commit crime. Young people take risky behaviour and those that have offended most grow out by 25. Heck that flag stealing would be a crime of want mentioned above. There was also an example given in one of the books about cultural criminology where a teenager girl broke into her neighbours house and rearranged the furniture. Nothing was stolen but she did this as few times. Break and entering is a crime though and it wasn't harsh sentencing that factored into her decision making process to do it. It was risk and excitement. The Criminal justice system in Australia recognises this and thus when young people enter the system they try to make sure they don't became institutionalised by diversionary programs.

Then there is the theory of stigmatisation, where in short if you treat the offenders like trash, they are going to re-offend later.

I'll give you another example, shopping centres. A kid put shampoo in the fountain of the shopping centre. That kid was given a a 10 year ban. (Remember shopping centres are private property so they can kick anyone out if they want). Essentially that kid months later, was charged with trespassing for entering the shopping centre and sent to criminal court. So what started as a harmless prank escalated into a criminal charges.

Why is this important? In areas where the shopping centre is the only place where essential services are held in a country town, and the next place is 5 hours away in another town. If you get banned from a shopping centre for that has only centrelink, postal service and other essential areas in that area. And your poor and you can't afford to travel to another place to access essential services, your screwed. You have to go to that shopping centre to report to Centrelink (welfare services) or lose all your benefits. So that person ends up getting busted for criminal trespassing. So what started as a bannable offence (shopping centres have their own standards as to what that is and it essentially can be anything) now has grown to criminal charges. Harsh sentencing did not factor here.


As to why older poor people would commit crime would be different. There could be other issues going on in the mind of the offender. They can be things have that spiralled out of control. It's complicated. The point is that the motivation of why someone would commit crime it different, and it your case why poor people would commit crime wouldn't necessarily be explained by the rational offender model and sentencing wouldn't necessarily be a factoring decision. There are different competing theories and models that explain crime. There is no one universal and unifying theory as to why someone commits crime. And for most of those theories harsh sentencing isn't used as a deterrent to reduce crime.

When harsh sentencing is involved, it usually done by politicians and it's a rushed job to satisfy a moral outrage by the public or by politicians wanting to get votes on the "tough of crime." Irrespective of any evidence out there. If you want to look at a similar analogy look at the gun debate and video games. Look at how the actors play out, there is no evidence that video games cause gun death and yet you get politicians trying to regulate video games and blaming it for gun deaths. The dynamics that play out in that field and the field on harsher sentencing and tough on crime are similar.

I would argue that better ways to deal with reducing crime than harsher penalties. Better designed suburbs, community programs, work opportunity that give people value in their lives.

Edited(and now i need some sleep)
 

chikusho

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MrPhyntch said:
chikusho said:
What's hard to achieve is the change in philosophy. People are too focused on punishment and vengeance to accept what would ostensibly be a positive change in society.
And there we are again. Punishment is NOT vengeance. When I was 5 and stole my brother's Halloween candy, did I get grounded because my parents felt a need to get revenge on me? Hell, my brother didn't even know I had done it, so I know he didn't have that desire. No, I was punished because I had done something wrong. Punishment and vengeance are two completely different things; punishment is a natural consequence (i.e. you steal you go to jail), whereas vengeance is generally disproportionate and yet strangely appropriate (i.e. you steal you get a hand lobbed off).
First, note that I wrote "punishment _and_ vengeance."
Second, your parents probably grounded you to teach you about actions and consequences, because certain actions can and does get certain consequences in the real world. Punishment here works as a teaching tool, albeit an incredibly inefficient and possibly detrimental one.

The natural consequence of stealing something is that you now possess something that you otherwise would not. [Certain] "punishments" is only the natural consequence of getting caught, which varies with the circumstances of where and for what you are accused.

"Natural consequence" and "disproportionate" are just matters of definition and opinion, and can be loosely applied to anything. Whether a punishment is appropriate or not is only about your frame of reference.

The key thing to remember here is that the world does not become a better place if someone who has done something bad gets punished. However, the world does become a better place if that person starts doing something good.
 

Something Amyss

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Talvrae said:
Don,t have the specific story fresh, but well here an article on the subject of canada being soft on child abuse crime: http://c2cjournal.ca/2013/03/why-are-canada%E2%80%99s-courts-soft-on-sexual-crimes-against-children/
The difference between Canadia and America is sort of startling.

One of my former teachers got busted for child porn with no sexual abuse of any actual minor and faced up to somethign like 90 years. Even the 20 he pled for, at his age, could be life in prison.

But raping a kid ten times is five years. Wow.

And on that note....

Desert Punk said:
No worries, it was near the beginning of the year, here are a few things I found on it, though it seems the BBC article about it has been taken down.

http://frontpagemag.com/2013/dgreenfield/muslim-who-raped-13-year-old-uk-girl-spared-jail-because-he-didnt-know-it-was-wrong/

http://www.dailymail.co.uk/news/article-2268395/Adil-Rashid-Paedophile-claimed-Muslim-upbringing-meant-didnt-know-illegal-sex-girl-13.html#ixzz2JZWVxmEh

and this one references it

http://www.telegraph.co.uk/news/uknews/crime/10060570/Oxford-grooming-gang-We-will-regret-ignoring-Asian-thugs-who-target-white-girls.html
Sweet baby Jesus, I wish I didn't know that. What is even the hell, people?
 

Aramis Night

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I'm actually pretty surprised she got 7 yrs. Compared to most of the reports I've seen of cases where mothers kill their kids, she got a really stiff sentence. Probably had a lot to do with the manner in which it happened. If she just would have killed the kid immediately and outright instead of spending days killing it with a pipe, she would probably be looking at 1 actual year of time served if that. Course, not sure about Australian courts, but I wouldn't be surprised if the sentence gets commuted since the defense is alleging mental issues. I've heard of cases like this ending in the mother getting therapy and a couple years probation. Of course if this was the only child this mother had then they will probably stick with the 7 yrs. Funny thing is judges tend to reward mothers in sentencing if they have other children. So remember mom's, never kill all your kids.
 

Bucky01

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i have an idea lets swap around the people in charge of our legal system with the people in charge of our video game rating system. i can see it now, R18+ games can make it in under PG13 and the difference between a low-end and mid tier crime is a slap on the wrist with community service to a life sentence.

it is....... beautiful
 

SonOfVoorhees

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I say everyone should be finger printed and DNA cataloged so any crime you commit later in life, you are caught - will atleast catch a huge percentage of future criminals. Also you sign a contract at 18 that says you agree to all laws and if you break one you get 10 years minimum in prison and that you forfeit your rights aside from basic human rights. Sick of people using the human rights act in the UK for bullshit stuff like a gay prisoner not having access to gay mags. Or in america a fat mafia guy that killed a number of people used the human rights to sue america over lack of food, though he got a normal amount of food.
 

chikusho

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SonOfVoorhees said:
I say everyone should be finger printed and DNA cataloged so any crime you commit later in life, you are caught - will atleast catch a huge percentage of future criminals. Also you sign a contract at 18 that says you agree to all laws and if you break one you get 10 years minimum in prison and that you forfeit your rights aside from basic human rights. Sick of people using the human rights act in the UK for bullshit stuff like a gay prisoner not having access to gay mags. Or in america a fat mafia guy that killed a number of people used the human rights to sue america over lack of food, though he got a normal amount of food.
Even better, everyone should be transported to a prison cell soon after being born. That way you catch ALL CRIMINALS.
 

Aramis Night

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SonOfVoorhees said:
I say everyone should be finger printed and DNA cataloged so any crime you commit later in life, you are caught - will atleast catch a huge percentage of future criminals. Also you sign a contract at 18 that says you agree to all laws and if you break one you get 10 years minimum in prison and that you forfeit your rights aside from basic human rights. Sick of people using the human rights act in the UK for bullshit stuff like a gay prisoner not having access to gay mags. Or in america a fat mafia guy that killed a number of people used the human rights to sue america over lack of food, though he got a normal amount of food.
In contract law, any contract entered into under duress is contestable. And sadly contract law does not supersede human rights laws no matter how much corporations like to try to convince people otherwise(at-will employment agreements are an excellent example of this). All contracts must be entered into voluntarily to be upheld.
 

SonOfVoorhees

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Aramis Night said:
SonOfVoorhees said:
I say everyone should be finger printed and DNA cataloged so any crime you commit later in life, you are caught - will atleast catch a huge percentage of future criminals. Also you sign a contract at 18 that says you agree to all laws and if you break one you get 10 years minimum in prison and that you forfeit your rights aside from basic human rights. Sick of people using the human rights act in the UK for bullshit stuff like a gay prisoner not having access to gay mags. Or in america a fat mafia guy that killed a number of people used the human rights to sue america over lack of food, though he got a normal amount of food.
In contract law, any contract entered into under duress is contestable. And sadly contract law does not supersede human rights laws no matter how much corporations like to try to convince people otherwise(at-will employment agreements are an excellent example of this). All contracts must be entered into voluntarily to be upheld.
Thing is human rights law is if your a prisoner of war, you are fed, watered and have access to health care. Not the kind of bullshit criminals use it for. A foreign criminal in the UK managed to able to stay in the UK because he said being sent back to his home country was against his human rights to have a family life. Though his family didnt live in the UK, had no girlfriend or kids in the UK. Total abuse by criminals is the humans rights act. Infact, innocent victims of crime should be using the human rights act to sue the criminals that fucked up their life.
 

Aramis Night

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SonOfVoorhees said:
Aramis Night said:
SonOfVoorhees said:
I say everyone should be finger printed and DNA cataloged so any crime you commit later in life, you are caught - will atleast catch a huge percentage of future criminals. Also you sign a contract at 18 that says you agree to all laws and if you break one you get 10 years minimum in prison and that you forfeit your rights aside from basic human rights. Sick of people using the human rights act in the UK for bullshit stuff like a gay prisoner not having access to gay mags. Or in america a fat mafia guy that killed a number of people used the human rights to sue america over lack of food, though he got a normal amount of food.
In contract law, any contract entered into under duress is contestable. And sadly contract law does not supersede human rights laws no matter how much corporations like to try to convince people otherwise(at-will employment agreements are an excellent example of this). All contracts must be entered into voluntarily to be upheld.
Thing is human rights law is if your a prisoner of war, you are fed, watered and have access to health care. Not the kind of bullshit criminals use it for. A foreign criminal in the UK managed to able to stay in the UK because he said being sent back to his home country was against his human rights to have a family life. Though his family didnt live in the UK, had no girlfriend or kids in the UK. Total abuse by criminals is the humans rights act. Infact, innocent victims of crime should be using the human rights act to sue the criminals that fucked up their life.
I don't disagree about how criminals managing to abuse rights is a problem. I was more referencing you point about 18 yr old's signing a contract to follow the laws. We hold them to those laws as is without a contract. The vast majority of laws are not even possibly known by an 18 yr old. Law is so convoluted in most places now that even lawyers whose job is to know the law, are only able to know it in their own specialty(criminal, estate, family, corporate, civil, etc.). And besides, what do you do with an 18 yr old that refuses to sign it? Is it really any kind of choice that doesn't amount to duress?
 

Mau95

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You think you're the only country? I'm from Belgium and I see things like this every week in the newspapers. And isn't Australia that country where videogames get censored or banned really easily/quickly? At least you're strict on that part.
 

WWmelb

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The one thing i haven't seen come up out of this is prison sentencing being used for protection of others. It isn't just about deterrence, rehab, punishment or vengeance. There is also the fact that while said criminal is incarcerated, they aren't hurting any more people.

This is the main thing about soft sentencing that gets me.

What is apparently a woeful lack of care for the protection of citizens that live their lives without encroaching on the lives of others. The ones who are the victims of crime.

Police are there to PROTECT innocents first and foremost. Courts are their to enforce this. If a murderer (yes i call her a murderer, as prolonged beatings over a course of days resulting in death doesn't, in my eyes, appear to be a death that rates as manslaughter), our citizens are only protected from this person for 7 6years.

Now, i may have been a little angry when i posted the OP. Yes, i definitely was. However, this isn't an isolated low sentencing in this country. If it was, i would say i need more facts, maybe i do anyways and will work to find out more, then i would probably be more open in my acceptance of the sentence.

We seem to punish petty crimes severely, yet crimes like this seem the opposite.

I don't have all the answers, but yeah i was angry about this. And i'm glad some discussion has come from it if nothing else.
 

WWmelb

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Mr. Eff said:
WWmelb said:
We need the courts to start setting some serious examples, whether they actually work as a deterrent or not.
There is so much wrong with that statement.

For one, deterrence doesn't work. Those who commit crimes of that nature are impulsive and likely have a lot else wrong with them. They do not do a cost/benefit analysis of beating a child. To suggest as much is ridiculous.

So you advocate, then, punishment for the sake of it. That solves nothing, drains resources, and just creates further problems. Giving more power to the state doesn't help much either.

I understand your outrage. But a "tougher" penal system will do no good.
And t o this, i don't disagree completely. However, in this case, i don't think a beating prolonged over a period of days can qualify as impulsive. One beating, one day that went way too far i could see as impulsive or a snap thing, but over days and days? No.. i don't think so.
 

Mossberg Shotty

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chikusho said:
Strazdas said:
It does not need to work as a deterant. it needs to work as punishment.
That's an extremely unproductive and backwards way of thinking.
I hope you realize the mindset of zero accountability that you're pushing is exactly what criminals thrive on. If there aren't any consequences, why the hell not, right? Without consequences, the whole system would fall apart. But that's not to say that I think Australia needs a harsher penal system (I can't really comment on it, as I've never been there) but that's a dangerous way of thinking.

At least the woman in this case isn't getting a free college education while she's in lockup, at the expense of taxpayers who can't even afford an education for themselves, but I think I'm starting to get off topic. Honestly though, I don't see how this could possibly have been ruled as manslaughter, considering that it was deliberate and occurred over a number of days.