Should your sentence for a crime depend on who you are?

Should your background make any difference to how severely you are dealt with for a crime?

 

If you've already committed a crime, and done time or whatever, and commit it again then yes. Evidently the initial sentence didn't work

 

Agree with that. How about if you have always been law abiding should your job, education, marital status etc make a difference?

 

Is this about the girl who was let off because it would ruin her future career - no it shouldn't- you do the crime you do the time irrespective of who you are

 

Not for me. The context within which the crime was committed should be taken into consideration, not the person's status or background. If this is in reference to the Oxford student likely to escape a custodial sentence for knifing someone because she's a little genius... totally wrong for me. If I walk down to Oakwell and get into an altercation with an opposing fan and in the heat of the moment punch him and get arrested... I'm going down. No defence, no consideration of my career or personal circumstances. I'm jailed. It's happened to people who were in the VICINITY of trouble before at football. Different rules for different people I'm afraid and that can never be right.

 

As in - if you're rich should your speeding fine be more than if you're poor.

Or if you're from a deprived area should you get a lighter sentence for smashing up a working mens club than if you're a member of the bullingdon club.

I think we need context.

 

It was in relation to that and it reminded me of Tommy tyke who was spared jail because he was a former bank manager and also reminded me of the rapist swimmer in America

 

The second option. I'm not referring to fines being related to income and ability to pay but more about whether your background or social standing should keep you out of prison

 

http://www.telegraph.co.uk/news/2017/05/16/oxford-student-spared-jail-extraordinary-talent/


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The funny thing is, it's extremely common to do a Google search on prospective new employees, obviously searching for her relatively unusual name means these stories will come first for years into the future.

 

I guarantee that she will get the links that report the crime removed from Google while an axis pad from grimey will have his conviction for driving without insurance kept on page one forever

 

Unfortunately true, the middle-classes all seem to benefit from the Kate and Gerry McCann effect.

 

Well apparently "role model" types get more in terms of sentence than would Joe Public.

Which is something I do not understand.

 

Adam Johnson:
Crimes: Sexual activity once with a 15 year old (not intercourse)
Grooming the same girl for sex
Sentence: 6 years prison.

Jeremy Forrest:
Crimes: prolonged sexual relationship with 15 year old girl in his care.
Grooming the same girl for sex.
Kidnapping a 15 year old.
Sentence: 5.5 years prison

Logic? Zero

 

So - without referring to this case specifically.

Lets say justice chumley warner bumhole smumhole q.c. went to the same school as this girls dad- or his wife was married to a former "posh ladies school" alumni - and these were the only factors to consider - no doubt the judge would get a pasting and rightly so.

But we as the "unwashed" should also be able to see past nepotism and the ruling elites 'old boys club' looking after each other if we expect the toffy nosed tw@ts to see past the shell suits and the blue eyeshadow.

This young lady genuinely appears to have a talent in cardiac medicine. Now the judge could send her down the swany and deny everyone of her not inconsiderable talent.

However if she shows genuine remorse - it's a one off - there are aggravating factors like the boyfriend was aggressive and she had a history of abusive relationships - and she's agreed to go on an anger management of substance abuse course - I can see all of these as mitigating factors and reasons to accept the court action itself is punishment enough and a deterence against re-offending.

Similarly I would hope a young girl from grimey who stabbed her boyfriend in similar circumstances - would be treat equally leniantly particularly for instance if she was a fantastic and dedicated carer for her disabled brother - for instance.

But no - social standing alone should not keep you out of prison.

 

I'm half with you here. Context should be taken into consideration, yes you're right. However, I'd say that means she should get off and the wrong decision has been made countless times regarding people at football etc.

Just because there is bias in the system as it stands, it doesn't mean that we should hold out for the wrong decision to be made against everyone because that's what usually happens. Use the rare good decisions as examples for everyone else.

 

Two thoughts offered on this.

The judicial oath reads: “I swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of (judge/magistrate), and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.” Views on whether this oath is upheld in individual cases will vary, as the opinions posted above show.

The second thought is particularly in relation to the youth justice system, the aim of which is: "It shall be the principal aim of the youth justice system to prevent offending by children and young persons." It probably follows that where a young person has prospects of leading what used to be called a "honest and industrious life" then a judge or magistrate would be likely to impose a sentence which would not prevent that young person doing something useful, rather than going to custody and facing no prospects thereafter. That has to be in society's interests as a whole, I would have thought.

The young lady in the Telegraph report was not a youth of course, but it's easy to see a similar principle being applied by the judge there. Whether that's right will depend on your views. But sentencing is more complex than people imagine.

 

I'd agree with mr O on this. Sentencing is more complex than people imagine and rightly so. What I found surprising is that the girl being high on drugs ( probably not a one off) is swept to one side. Yes a temporary lapse of judgement with a history of abuse can mitigate some things but do you really want your doc 8 foot high and flying?


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