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A Shocking, Startling Outbreak of Good Sense

Wednesday, 30th June 2010

Meanwhile, good sense vis a vis the criminal justice system is going viral at an alarming rate. At the Scottish Parliament MSPs voted  - 63-61 - to reject a (typically illiberal) Labour amendment (backed by the Tories too) that would have imposed mandatory six month prison terms for anyone found carrying a knife in a public place. And now they've only gone and endorsed a proposal that creates the presumption that prison sentences of fewer than three months are generally to be avoided on the reasonable grounds that they don't do much good for or to anyone.

It's probably necessary, alas, to point out that opposing mandatory minimum sentences for carrying a blade does not mean one supports blade-carrying or stabbing. However, simply possessing an object should not, generally speaking, be a criminal offence and, fundamentally, mandatory minimums pervert the justice system since where justice has no discretion justice is almost bound to be denied and corrupted.

My thanks to Lallands Peat Worrier for reminding me of this.


Filed under: Crime (248 more articles) , Holyrood (30 more articles) , Scotland (457 more articles)

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ndm

June 30th, 2010 6:16pm Report this comment

How long until the Scottish Sun demands election of politicians?

Craig Strachan

June 30th, 2010 7:04pm Report this comment

Glad you don't support stabbing. Neither do I, in almost all cses.

Beer Moth

June 30th, 2010 7:10pm Report this comment

Very good sense indeed.

Right up to the stage at which one's son/mother/uncle/daughter, is stabbed to death. After that it all falls somewhat to ratshit and one is consumed in rage and isolation, that such acts are not punished sufficiently, and that this absence of punishment is perfectly understood, before the event, by those who carry out such acts.

ndm

June 30th, 2010 7:29pm Report this comment

Beer Moth writes:

-- After that it all falls somewhat to ratshit and one is consumed in rage and isolation, that such acts are not punished sufficiently, and that this absence of punishment is perfectly understood, before the event, by those who carry out such acts.

The purpose of a justice system is to ensure everything does not fall to ratshit - as it does when revenge is mistaken for justice.

Panenka's Chip

June 30th, 2010 7:52pm Report this comment

I favour the occasional stab. But only in the dark during pub quizzes...

Kittler

June 30th, 2010 7:56pm Report this comment

I am an auld mannie. I carry a knife to clean oot my pipe. Whit's wrang with that?

Beer Moth

June 30th, 2010 9:07pm Report this comment

ndm

Who said anything about revenge?

My point is that justice which seeks to avoid punishment, relieves itself of its duties to the victims, whilst at the same time it is very quickly read by some people, as a signal to offend without fear of redress.

Thereby, the notion of justice is demeaned in society and a central pillar of public life is weakened. Which of course, is what such moves are intended to bring about.

ndm

June 30th, 2010 9:52pm Report this comment

-- My point is that justice which seeks to avoid punishment, relieves itself of its duties to the victims

The issue is finding the appropriate level of punishment for a crime. It is pretty obvious that during the last few decades the victims desire for retribution has taken primacy over the societal desire to see that justice be done.

We can see that in the stupidity of people getting big sentences for mere possession of a gun - I say this as someone toxically opposed to gun ownership. And we see it in the stupidity of mandatory sentences for possessing a knife. And we see it in the ever-increasing amount of surveillance we subject ourselves to in the pretence of freeing ourselves from crime. It is through our tolerance of this stupidity that one day we find ourselves outside Victory Mansions as the clock strikes 13.

Simon Stephenson

July 1st, 2010 11:58am Report this comment

"It's probably necessary, alas, to point out that opposing mandatory minimum sentences for carrying a blade does not mean one supports blade-carrying or stabbing."

It may appear to be necessary, but in the world of 21st Century logic it's also almost certainly futile. The modern way is not to seek advancement in discussion, but merely to ensure one avoids having to concede ground.

You've expressed a reservation about contemporary orthodoxy, therefore you're either an extremist or a loonie - or both!

Snowman

July 1st, 2010 3:09pm Report this comment

If Kittler gets caught with his pipe cleaning knife a mandatory five year sentence looms, no parole. Some months ago, a young murderer using a knife got eight years, eligible for parole after four.

Go figure.

ndm @ 9.52:

‘The issue’ shouldn’t be ‘finding the appropriate level of punishment for a crime’. We had had it until the pseudo-liberal fruitcakes arrived.

Beer Moth

July 1st, 2010 6:11pm Report this comment

ndm

"It is pretty obvious that during the last few decades the victims desire for retribution has taken primacy over the societal desire to see that justice be done."

On the contrary, the last few decades have seen the rights of victims, relegated to the margin, whilst the rights of those who have inflicted violence have been elevated and consolidated.

(I am referring to the UK - where you?)

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