Is it time for a complete overhaul of the law?

[semi-pro waster]

Obscene publications act contradicts freedom of expression in the human rights act 1998. Publishing fictional material is also a victimless crime in itself. Also the new laws on "extreme pornography", make watching videos of legal consensual acts illegal, so it's victimless. Then of course there's the drug laws, I don't personally think that someone should be arrested for taking a drug as there is no victim (other than possibly themselves) and it's completley stupid making some drugs illegal and others not.

Sorry for the late reply, I got a bit distracted and figured I'd leave it until I could do the subject a bit more justice (no pun intended). I've got to admit though that I wasn't exactly expecting anything on obscene publications when I asked the question.

It has been a while since I've looked at it but the HRA 1998 is based on the ECHR which allows for derogations, primarily in the case of national security/emergency which is rather difficult to argue exists in the case of obscene publications. It might just about be possible to argue that there is a case for not allowing such publications as it would be detrimental to society and therefore security of the nation but that is a big stretch - I'm rather surprised if this hasn't already been tested. Essentially though I'd agree that our laws on pornography are seriously lagging behind the general mores of society - what I'm not convinced of is that they are a big enough issue to merit attention in front of what might be called more pressing matters.

Drugs it is easier to make a case against, depending on the drug and the person they can increase aggressiveness (and I include alcohol here), they can damage both the partaker and the relationship with friends/family. Drugs have to be paid for and a common method for doing so is other crimes. The NHS has to treat a lot more people than would otherwise need it because of overdoses etc. Perhaps the primary problem is that they can't be taxed easily at present or maybe I'm just being cynical.

I never really liked the idea of banning things because of what someone might do with it either, eg knives, as it's a slipperly slope and mere posession is a victimless crime.

I guess the problem is that you either ban the object or you ban people and one of those options is a lot easier to take. Personally I'm massively in favour of the second but I think I'll remain disappointed.

Some items have no purpose other than to cause injury/commit crime/intimidate so while I'm not in favour of banning things in general I would on occasion support their being banned in public places even if I'd be quite happy for people to have them in their own homes.

 

[Glaucus]

Nope, the legal system is fine and very good. It's just the sentencing that needs a complete overhaul and the removal of being held without charge aka parts of the terrorism act.

 

[Fyebot]

What I would propose is that if someone reoffends their original sentence is added onto their new sentence. An example could be:

Person commits ABH - given 3 month custodial.
Person leaves jail after 3 months.
Person then commits TWOC , given a 6 month custodial.
Person leaves jail after 9 months.

If they then commited Drunk and disordely and given 1 week custodial sentence both preceding terms are then added onto the latest sentence. e.g. a jail sentence of 9 months and 1 week in total.

An interesting idea, but would need to be adjusted a bunch. It wouldn't really be fair for someone who'd committed a large crime in the past and got a sentance of many years but who fully regretted/rehabilitated.. and then got drunk and had a one week sentance turned into a rest-of-lifetime sentance.

 

[pitchfork]

I'm interested which are the victimless crimes? And what laws contradict each other? There may be some but I'd like to hear some of what you think they are.

Speeding. (in a crime it is victimless, the outcomes of the crime can be far from it)

Infact most motoring crimes.

Also, killing a criminally insane murderer humanely is the less of two evils, i'd rather be dead than crazy and locked up for my entire life. After killing someone putting their family in serious distress and my own, no one cares any more. It's like putting an injured bird out of it's misery.

 

[Liefrich]

I take it you mean our Criminal legal system, as much of our civil law works pretty well. In fact as a law graduate and a hopeful solicitor I'd say our legal system is damn impressive. However, the media as always make it out that its a sham, that criminals get let off to easy and that pedo's are everywhere, especially in your street.

There has been some issues with the amount of legislation passed over the New Labour tenure; indeed there is now too many laws passed with little proper research and reference to professionals and specialists.

I personally think that the Criminal Law is fine, harsher sentencing does not equate to less crime (The UK has one of the highest levels of crime in the EU but has the harshest sentences). Nevertheless, we need a complete change of attitude on how we address the root causes of criminality, but unfortunately with todays climate a total overhaul is unlikely.