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Unfair Sentences
 
# 46 : Tuesday 11-6-2013 @ 11:14
 
 
Someone said :
Dum dum dum... what a cliffhanger!!

anyway... back to the topic .... he deserved it
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# 47 : Tuesday 11-6-2013 @ 11:24
 
 
I can't get back in the argumentative frame of mind now

I don't know if this happens or not but I hope his sentence is reviewed after some time to see if he still needs to do the full 13 years... It would be a shame to see him needlessly decaying in prison if it was felt he had reformed and hadn't a high risk of reoffending...
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# 48 : Tuesday 11-6-2013 @ 11:28
 
 
thats life
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# 49 : Tuesday 11-6-2013 @ 11:29
 
 
"that's what all the people say..." ... definitely gone off topic now
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# 50 : Tuesday 11-6-2013 @ 12:16
 
 
If I were "In charge" of sentencing I would do it very differently.

I think it's too bendy and worse it pretends not to be. It should either be as bendy for everyone, as it is for some few or completely ridged.
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# 51 : Tuesday 11-6-2013 @ 12:20
 
 
Someone said :
If I were "In charge" of sentencing I would do it very differently.

I think it's too bendy. and worse it pretends not to be. It should either be as bendy for everyone, as it os for a few or completely ridged.

If you mean it should be consistent then I agree. If you mean there should be no mitigating circumstances taken into account then I don't really agree.
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# 52 : Tuesday 11-6-2013 @ 12:27
 
 
I kind of mean, I would prefer to have such a fundamentally different system that it doesn't really translate back to a change you could make in the current system.
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# 53 : Tuesday 11-6-2013 @ 12:29
 
 
Is it a system in place in any other country? (so I can wiki it )
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# 54 : Tuesday 11-6-2013 @ 12:32
 
 
AH HERE NOW! (smacks fist on table) yer man got 15 years.... his fault, he wont do that again will he,
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# 55 : Tuesday 11-6-2013 @ 12:38
 
 
lol you could apply that logic to any crime no matter how small...
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# 56 : Tuesday 11-6-2013 @ 12:44
 
 
Someone said :
Is it a system in place in any other country? (so I can wiki it )

I don't know enough about criminal justice to know if it is or not.
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# 57 : Tuesday 11-6-2013 @ 16:58
 
 
Someone said :

If you mean it should be consistent then I agree. If you mean there should be no mitigating circumstances taken into account then I don't really agree.

Mitigating circumstances should always be taken into account (you mentioned good character references, etc).
But in his case, his education, degrees and good character are aggravating factors!
He knew what he was doing, he did not do it out of genuine need (he did not steal bread to feed his family and as the judge said there are people in more dire situations who do not resort to drug dealing.

To take an extreme example that some will discard as as coming from some "bleeding heart liberals":
- Someone has had a poor education, no job, no family support
- They may or may not be lazy, but they are hungry (maybe of their own fault)
- They steal bread
He has a mitigating factor in their destitute background.
Rather than lock him up (in the penal school of crime) to teach him how to be a better criminal next times, it is better for society to first address his destitution and maybe look into his education needs.

If he does it again, after efforts are made by society to genuinely compensate for his destitution, then he has lost his mitigating circumstances, he has been given a second chance and he has spoiled it. Lock him up.

Now compare to:
- Educated lad from a middle-class background
- Steals bread because he forgot his change or just because he feels like having a bite
His background has given him more chances in life than most people.
Giving him a second chance will be of no use. He needs to get the point that stealing for sports is never acceptable and the we know he know it but he does not care.
It's the only way to make him care, and sending him to prison will not turn him into a career criminal. He will just found out how much he has lost and how much more he has to loose if he does it again.

The second lad was born with a second chance, the first one needed to be given that second chance. And having a differentiated sentence in this case is a mark of fairness and consistency.
The first guy will (should) be treated like the second lad if he re-offends.

That is why the sentence is decided by a judge/jury based on evidence and not by friends of the victims or of the culprit or the media or Gáire posters based on an emotional response...
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# 58 : Tuesday 11-6-2013 @ 17:13
 
 
On the other hand: http://www.independent.ie/irish-news/courts/garda-sergeant-avoids etc ...

He did not rape anyone, but he sexually harassed colleagues, BUT being a garda should have resulted in a much harsher sentence.
First impression is that the judge who considered that "I'd say you're some screamer in bed" can be deemed to be "[a] remark said to her afterwards [that] could have been interpreted a kind joke comment" is a bit of a sexist pig himself who is of the old school of "it's just banter".
If I were the victim I would appeal.

But from where I stand, I can only accept that the judge did not found there was any evidence to be harsher, and that he was still harsher because the author is a garda.
And if the victim was not another garda but a woman who reported something to the station, then he would probably have been even harsher due to the position of authority and the involvement of the general public confidence on the garda.

So I feel the sentence is not harsh enough, but unless it is appealed successfully, I can only accept it.

Let's see if your man appeals his sentence and if he can find a cry-story to sell to the appeal judge/jury.
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# 59 : Tuesday 11-6-2013 @ 17:18
 
 
Ah look here, Crime creates jobs and it won't ever be tackled properly!
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# 60 : Tuesday 11-6-2013 @ 17:26
 
 
Yes that is ridiculous. It's not even clear whether this has affected his career or not? If anyone else did that in any job they would lose their job.
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