Another Rape Accusation Outrage

I do think the comparison is interesring though ....

Try to decieve the state over a minor road traffic matter results in the defendnat receiving a similar punishment to falsely accusing somone of a very serous offence leading to their arrest....

I don't think it's similar...

The girl in the fabricated rape claim pleaded guilty to wasting police time and got 4 months suspended plus paying £200 compensation and 15 days rehab oh and 2 years restraining order.

Miss Sandover is extremely lucky that she didn’t get charged with perverting the course of justice, only due to her age and the fact she has no previous convictions.

The biker was actually done for perverting the course of justice (which can go all the way to life imprisonment) and got

nine month prison sentence, suspended for 12 months and ordered to carry out 150 hours unpaid work. He was also given three points on his licence and a £200 fine

The girl could have been done for the more serious offence but they let her off.
 
Well some may think that the false rape allegation is a more serious matter then covering your numberplate and disposing of riding gear to try and dodge a fine and 3 points.......
 
Well some may think that the false rape allegation is a more serious matter then covering your numberplate and disposing of riding gear to try and dodge a fine and 3 points.......

Yes. But it's the difference in the charge.

Check out cases of women being charged with perverting the course of justice regarding rape claims, you can get years and not suspended either.

In this case they let the girl off by not charging with that (citing age and lack of previous) instead the lesser offence of wasting police time.
 
Unless I'm mistaken he was 18 five years ago and she was 19 despite the vagueness of details.

The civil action is expected to last eight days, with the sheriff likely to deliver his judgment at a later date.

If it fell down in the criminal court for lack of proof then it's a gamble that the lower burden of proof in the civil court will be enough for her case to be successful. Also a gamble forced on the accused that he can defend against a claim which does not have to be proven as a certainty.
 
We need to start bringing back public humiliation as punishment.

We should have something similar thing to the road gangs in America, in orange jumpsuits picking up rubbish.
 
You're at it *AGAIN* ;) So what justice system *DO* you approve of, or are you anti punishment by imprisonment altogether? I don't think I have ever read a thread on here where punishment is discussed and you haven't trotted out various opinions on it being too harsh, inappropriate, broken system, etcetera.

I watched an interesting programme many years ago on the theories of Crime & Punishment and your comment here relates to it. It'll relieve you to know I'm no expert on the subject ;) and have only done a little reading, but the basics are there are two general philosophies on Crime & Punishment; Utilitarian & Retributive

Theories of punishment can be divided into two general philosophies: utilitarian and retributive. The utilitarian theory of punishment seeks to punish offenders to discourage, or "deter," future wrongdoing. The retributive theory seeks to punish offenders because they deserve to be punished.

Under the utilitarian philosophy, laws should be used to maximize the happiness of society. Because crime and punishment are inconsistent with happiness, they should be kept to a minimum. Utilitarians understand that a crime-free society does not exist, but they endeavor to inflict only as much punishment as is required to prevent future crimes.

The counterpart to the utilitarian theory of punishment is the retributive theory. Under this theory, offenders are punished for criminal behavior because they deserve punishment. Criminal behavior upsets the peaceful balance of society, and punishment helps to restore the balance.

The retributive theory focuses on the crime itself as the reason for imposing punishment. Where the utilitarian theory looks forward by basing punishment on social benefits, the retributive theory looks backward at the transgression as the basis for punishment.

http://law.jrank.org/pages/9576/Punishment-THEORIES-PUNISHMENT.html

Now most societies have a combination of both philosophies and in the main the two overlap anyway and have a similar view on the punishment for most crimes, it's just at the extremes where it can diverge immensely.

Now you are firmly in the Retributive camp and Vincent and myself are more into the Utilitarian camp, and since most of the discussions on here are about extreme examples, it's why we never sem to meet in our views :)

But it's not that he's "soft" on crime, he just has a different end result in mind with the reason of the punishment.



I do remember two good hypothetical examples in the lecture years ago to make the point (These are extreme positions and not to be taken literally) :-

Double Yellow Parking :

The Retributive camp would say this is a minor crime and is suitably dealt with by way of a fine or points.

The Utilitarian Camp say that double yellow parking costs lives each year, because emergency services are delayed by cars blocking their way, so the punishment should be the Death Penalty. This would stop most people committing such a minor offence in the first place and thus bring an overall benefit to society by saving lives.

At the other end you have Terrorism :

The Retributive camp would say this is a major crime that causes a lot of suffering so the punishment should be extreme to mirror the suffering given.

The Utilitarian Camp say that locking a Terrorist up and treating them harshly does nothing to stop future Terrorist acts from happening, as the next person will just come along and take their place, so the resources of the state should be used to tackle the ideology of Terrorism to stop future people being recruited and no severe punishment to the individual.

I stress to add these are extreme positions to make a point and mostly the two camps are in broad agreement and in the real world we have a medium point between the two philosophies.
 
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