Is our justice system broken??

[FnG]magnolia;25516600 said:
As your OP is such a low effort post it's pretty hard to work out what you think may indicate our justice system is broken. Is it the 5 months (bolded), the fact that she's black, the Judges comments?
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Take your pick!

If someone said something that offended you, albeit not directly to you, would you wait 5 months to moan about it?
 
[FnG]magnolia;25516828 said:
Ah, so it's not the offence (hurr) but the time taken?

I don't think that doing something wrong becomes less wrong because some time has passed.
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You took too long in making that assertion and in so doing have breached the OcUK statute of limitations.
 
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[FnG]magnolia;25516828 said:
Ah, so it's not the offence (hurr) but the time taken?

I don't think that doing something wrong becomes less wrong because some time has passed.
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I'm not saying it does, but you didn't answer my question!

I guess it just irks me that some people seeming have nothing better to do than moan, complain and a lot of the time, take the matter to court far too easily!

If she can't get any compo (and I'm still not sure she can't) then a) why take the matter to court in the first place and b) if it was as offensive as she thinks it is, why did she wait 5 months?
 
As has already been covered, I'm not sure how you can claim racial harassment when someone has happened to overhear something. Surely harassment implies some sort of intent?

In either case, I don't understand how people can be affected to the extent that they often claim in court but then being awarded some money would make it all better. Either it's deeply traumatic that will take time to get over, or it's something trivial that you can easily ignore after a quick spending spree. Pick one.
 
Caged said:
As has already been covered, I'm not sure how you can claim racial harassment when someone has happened to overhear something. Surely harassment implies some sort of intent?
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So you are saying that two white folks can use the n-word as often as they like in front of a black person, as long as they talk to each other, not the black person? You can use the expression "flid" or whatever in front of someone in a wheelchair, but as long as they weren't the person being addressed, that's OK? Despite the fact that in both cases it would be pretty -ing obvious who the actual target was? Or of course, you could just stop being rude.
 
a1ex2001 said:
The judge is clearly an idiot words are never racist it is the intent of the individual that is racist ...
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Nope. That is not what the law says so, whilst the law might be ridiculous, the judge is correct. It is a very common misconception that a comment made within the workplace must be intended to offend in order to be considered as harrassment and this is not so.
 
StevieP said:
Where does it mention this?

In re-reading the article it seems to suggest the complaint was upheld but at the bottom it says "The Appeal Court judges dismissed Miss Lindsay's challenge to the dismissal of her case on grounds of delay. Her other claims of race discrimination had earlier been rejected by the tribunal, although she still has a victimisation claim against the LSE extant" intimating that her claim was dismissed but could still claim something??

I suppose it very much depends on the context in which the word was used but surely if it wasn't directed at someone and used in a conversation about the jam manufacturer, how is this offending someone?
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The judgement on appeal upheld the original ET ruling which effectively comes in two parts. On the one hand, the tribunal found that the woman had been racially harrassed - and I suspect that was not simply due to the word being used but there are a number of relevant elements that have not been reported in order to make a more interesting story (typical tabloid Telegraph reporting). On the other hand, the ET decided (and the appeal upheld) that the harrassment claim was made out of time and they did not, therefore, have the jurisdiction over the case. Therefore, the appeal was dismissed and she will not receive any compensation for racial harrassment.

Your main objection is the amount of time taken to make the claim and on that basis you question whether our justice system is broken. However, our justice system takes the same view as you - she claimed too late so will get nothing. So there does not seem to be a problem.

The victimisation claim is a different matter and unless it is based upon something more than the matters considered by the ET already it is difficult to see how it could progress.
 
Our justice system has a recorded recidivism rate of over 90%, it's about time they stopped using it as a means to take people from the streets at taxpayer expense, and actually use that money to tackle the issues that drove these people to commit the crimes they did.
 
koolpc said:
'Great' Britain died a long time ago!
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The "Great" is actually a size term and not about how good the country once was.

As opposed to Little Britain which is on the east coast of France ;)


I hate the "Ant & Dec" term the "Great" British Public. Since while the public are more or less decent there's nothing great about them in general.
 
Things were never great in great Britain, but they have almost certainly been better.

I mean it was never a Mary Poppins film incarnate like some people seem to think, but it was slightly better than this crappy Americanised greedy craphole today.
 
Your justice system is probably in the top 5% world wide, if not better. From what I read, the judge went by the letter of the law.
 
Is our justice system broken??
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No its not broken just inconsistant and the media only reports extremely soft or over the top punishments handed out by our courts.
This means we get the impression its broken beyond repair and the world has gone mad, when in reality most people convicted of crimes get the punishment they deserve.
There is a lot of red tape when handing out a punishent and a lot of pressure from the EU and our own government so i can see why judges hand out seemingly bizzare punishments sometimes.
 
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