Justice ?
Nicki
UPDATE: Are the Brits insane?
THIS STORY, in conjunction to the story above may go some way towards explaining the actions of the brothers in their treatment of their home invader above...when a citizen is arrested,tried and convicted for doing his civic duty as he understood it;and when their is a continued history of police failing to respond to crimes in a timely manner, or the court failing to impose just sentences on those convicted of a crime, is it any wonder that any SANE person might try to take full measures in their own protection?
Choice quote by the "Judge" involved: "This is an unusual case, but in law there is no dispute that Mr Clarke has no defense to this charge."
"The intention of anybody possessing a firearm is irrelevant."
While I realize there are differences between the British and American systems of jurisprudence, it seems to me that any system in which intent is not a consideration is a broken system of justice, that no longer provides justice to either victim or offender.
There is the sterile "letter of the Law" and there is the "spirit of the law" and any system that adheres strictly to the former without consideration of the latter is no justice system at all.
Posted by: Delftsman3 at 03:18 PM
Comments
1
While I believe strongly that "self defense" is a right these guys weren't jailed for "DEFENDING their family from a violent criminal".
They were jailed for the attack on the criminal AFTER he left the house ...
"He and Tokeer chased the gang and brought Salem to the ground in a front garden ... Mr Hussain and his brother then beat Salem while he lay on the ground, using a cricket bat, a pole and a hockey stick - leaving him with a fractured skull and brain damage following the 'sustained' attack."
(Interesting how they just happened to have a cricket bat / pole and hockey stick to hand in their front garden as well).
They were jailed for the attack on the criminal AFTER he left the house ...
"He and Tokeer chased the gang and brought Salem to the ground in a front garden ... Mr Hussain and his brother then beat Salem while he lay on the ground, using a cricket bat, a pole and a hockey stick - leaving him with a fractured skull and brain damage following the 'sustained' attack."
(Interesting how they just happened to have a cricket bat / pole and hockey stick to hand in their front garden as well).
Posted by: julie at December 16, 2009 10:49 AM (nUhrX)
2
I take your point, Julie, but your forgetting the concept of "direct pursuit". The actions WERE taken in direct pursuit and in "the heat of the moment". Letting an offender just flee would be tantamount to saying "you got away THIS time, but please, do try again." Remember, this joker entered the house KNOWING the residents were present.
While some punishment of the two might be merited for "overkill", under the circumstances, putting the defenders in prison and letting the goblin go free is NOT justice.
While some punishment of the two might be merited for "overkill", under the circumstances, putting the defenders in prison and letting the goblin go free is NOT justice.
Posted by: delftsman at December 16, 2009 10:23 PM (OTxgr)
3
Just a couple more points - you said
"Letting the goblin go free is NOT justice" and I agree, but I don't think he went "free" - he wasn't incarerated BUT he was given a non-custodial sentance ... apparently as his injuries (from the "summary justice") "meant he was unable to enter a plea to false imprisonment."
ALSO he did not enter a house KNOWING the residents were present, the article stated "Mr Hussain's nightmare began on September 3 last year when he, his wife, 18-year-old daughter and two sons aged 18 and 15 returned from their mosque during Ramadan to find three intruders in their home in High Wycombe, Buckinghamshire."
Now I am NOT DEFENDING the goblin - personally I would have like to have read that he was beaten to death with the coffee table when he attack the returning family.
I'm really not sure that "direct persuit" is an acceptable defence outside of the US (if it is there). It certainly not here in Australia - if the threat is over you don't have the right (under law) to persue the criminal.
Sure it makes a good headline to say "Victims jailed, Criminal Goes Free" BUT when you actually look at the story I'm not so sure.
"Letting the goblin go free is NOT justice" and I agree, but I don't think he went "free" - he wasn't incarerated BUT he was given a non-custodial sentance ... apparently as his injuries (from the "summary justice") "meant he was unable to enter a plea to false imprisonment."
ALSO he did not enter a house KNOWING the residents were present, the article stated "Mr Hussain's nightmare began on September 3 last year when he, his wife, 18-year-old daughter and two sons aged 18 and 15 returned from their mosque during Ramadan to find three intruders in their home in High Wycombe, Buckinghamshire."
Now I am NOT DEFENDING the goblin - personally I would have like to have read that he was beaten to death with the coffee table when he attack the returning family.
I'm really not sure that "direct persuit" is an acceptable defence outside of the US (if it is there). It certainly not here in Australia - if the threat is over you don't have the right (under law) to persue the criminal.
Sure it makes a good headline to say "Victims jailed, Criminal Goes Free" BUT when you actually look at the story I'm not so sure.
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