That...is a great punishment. Too bad it's more likely that the kid will steal someone else's Xbox than actually learning something.
The key word is 'and'.Vrach said:Isn't there a clause in the American law that prevents "cruel and unusual punishment"? Seems to fit the bill for the latter.
Do either of you possess any kind of reading comprehension skills? He wasn't having it taken away as his sentence, he was simply being bailed. Don't start going on about the erosion of civil liberties if you don't even know which right is of relevance here.Owyn_Merrilin said:This site? Try the general public. If the Casey Anthony trial has taught us anything, it's that we need an impartial justice system, because without it, humans quickly degenerate into a lynch mob.OtherSideofSky said:You know, I might support this had he actually been convicted, but as it is this sounds a bit premature if he hasn't actually stood trial yet. I mean, creative justice is all well and good, but you need to make sure the person you punishing is actually guilty. If he's pleading guilty I'd be okay with it, but the article is (as with all legal articles on the Escapist) rather sparse in that kind of significant detail. Actually, this site seems to always just assume the accused is guilty. It's a tad worrying.
OT: If OtherSideofSky is right, and this was done before the trial, there's something seriously wrong here. You shouldn't punish people who are accused of, but not convicted of, the crime they are being punished for. Innocent until proven guilty goes back to the fricken' Magna Carta -- any nation with ties to the UK should recognize its importance.
Even so, taking his Xbox as part of his bail isn't how it usually works. Bail is supposed to be a guarantee that you won't run away before your day in court shows up -- you pay an amount of money scaled to the crime and your income, and if you show up in court, you get it back. The Xbox thing smacks of creative punishment, not bail.Shamanic Rhythm said:Do either of you possess any kind of reading comprehension skills? He wasn't having it taken away as his sentence, he was simply being bailed. Don't start going on about the erosion of civil liberties if you don't even know which right is of relevance here.Owyn_Merrilin said:This site? Try the general public. If the Casey Anthony trial has taught us anything, it's that we need an impartial justice system, because without it, humans quickly degenerate into a lynch mob.OtherSideofSky said:You know, I might support this had he actually been convicted, but as it is this sounds a bit premature if he hasn't actually stood trial yet. I mean, creative justice is all well and good, but you need to make sure the person you punishing is actually guilty. If he's pleading guilty I'd be okay with it, but the article is (as with all legal articles on the Escapist) rather sparse in that kind of significant detail. Actually, this site seems to always just assume the accused is guilty. It's a tad worrying.
OT: If OtherSideofSky is right, and this was done before the trial, there's something seriously wrong here. You shouldn't punish people who are accused of, but not convicted of, the crime they are being punished for. Innocent until proven guilty goes back to the fricken' Magna Carta -- any nation with ties to the UK should recognize its importance.
And this is different how? Instead of monetary sum, he hands over one of his possessions. We're talking about a 13 year old kid here, and since it's reasonable to assume he doesn't have a significant disposable income, but still wants to be granted bail like an adult, it doesn't seem entirely out of line with the system for the judge to force him to post one of his possessions as bail. Either way, he's going to get it back.Owyn_Merrilin said:Even so, taking his Xbox as part of his bail isn't how it usually works. Bail is supposed to be a guarantee that you won't run away before your day in court shows up -- you pay an amount of money scaled to the crime and your income, and if you show up in court, you get it back. The Xbox thing smacks of creative punishment, not bail.Shamanic Rhythm said:Do either of you possess any kind of reading comprehension skills? He wasn't having it taken away as his sentence, he was simply being bailed. Don't start going on about the erosion of civil liberties if you don't even know which right is of relevance here.
I dunno, seems fine to me. Basically the 360 is being used as bail (incentive to stay and stand trial instead of trying to run away to avoid the charges), and a 360 is pretty cheap as far as bail goes. Whether or not they actually wanted real bail money or not aside from the 360 isn't really mentioned, but if not, that kid actually got off pretty good. Or rather, his parents did.OtherSideofSky said:You know, I might support this had he actually been convicted, but as it is this sounds a bit premature if he hasn't actually stood trial yet. I mean, creative justice is all well and good, but you need to make sure the person you punishing is actually guilty. If he's pleading guilty I'd be okay with it, but the article is (as with all legal articles on the Escapist) rather sparse in that kind of significant detail. Actually, this site seems to always just assume the accused is guilty. It's a tad worrying.
This would be my objection as well. On the one hand, it amounts to asking the boy to contribute meaningfully to his bail conditions, on the other hand, it also amounts to levying punishment before he's found guilty of any offence.Chamale said:Whatever happened to due process? Innocent until proven guilty? Someone who is innocent shouldn't have their possessions confiscated by a judge. This teenager hasn't been convicted of any crimes, but lots of posters here are treating him like he's already proven to be a criminal.
Thing is... having read the article, the kid has been electronically tagged as wellShamanic Rhythm said:Do either of you possess any kind of reading comprehension skills? He wasn't having it taken away as his sentence, he was simply being bailed. Don't start going on about the erosion of civil liberties if you don't even know which right is of relevance here.Owyn_Merrilin said:This site? Try the general public. If the Casey Anthony trial has taught us anything, it's that we need an impartial justice system, because without it, humans quickly degenerate into a lynch mob.OtherSideofSky said:You know, I might support this had he actually been convicted, but as it is this sounds a bit premature if he hasn't actually stood trial yet. I mean, creative justice is all well and good, but you need to make sure the person you punishing is actually guilty. If he's pleading guilty I'd be okay with it, but the article is (as with all legal articles on the Escapist) rather sparse in that kind of significant detail. Actually, this site seems to always just assume the accused is guilty. It's a tad worrying.
OT: If OtherSideofSky is right, and this was done before the trial, there's something seriously wrong here. You shouldn't punish people who are accused of, but not convicted of, the crime they are being punished for. Innocent until proven guilty goes back to the fricken' Magna Carta -- any nation with ties to the UK should recognize its importance.
Ah, well in that case I agree that it seems superfluous to bail AND tag him. This kid isn't Dominique Strauss-Kahn, for crying out loud...chiefohara said:Thing is... having read the article, the kid has been electronically tagged as well
http://www.bbc.co.uk/news/uk-northern-ireland-13964446
Makes the Xbox thing look less inventive and more petty, that said though the kid probably deserved it.
But that was abolished in the UK in 2008, keep up!Dan Steele said:I like this justice system, minus the blasphemy law in there law system