The Marquis said:
If I had the inclination, I could dig out plenty of cases where a "poor me" story from a defendant's childhood has been used to get them off the hook. Mitigating circumstances has been a valid legal defence from all walks of life for quite some time now. Which I have already said.
You mean cases where the defendant is a victim of abuse.. Gee, isn't that what I said before?
Yes, it is. Not quite what
I said though, so I'm not sure what you're getting at. But, if you're going to insist, Let's make the presumption that you are quite correct and that all instances of mitigating circumstances are raised in abuse cases. I would tend to disagree, but the point is moot either way and doesn't change the argument.
The fact is that psychology plays a part in many cases heard in court. My point was that, psychology not being a metric science, you get to choose which "mitigating circumstances" you choose to accept and which you do not. Or, to be more accurate with regard to the words you've written in this thread, which you choose to ignore and which you do not.
I could mention that with regard to the continued insistence of the justice system in using that kind of defence, the two amount to much the same thing, but I'm becoming increasingly aware that you're not really amenable to the study of minutiae.
Sorry, but I am trying to figure out what this has to do with this case. Was he abused? Can one's wealth be abusive?
Although, here we have some sort of proof that it isn't a matter of you ignoring the minutiae, it's more one of you not even being aware of them.
I'm actually becoming less surprised with every word that you post, that you can't see what it has to do with it.
The judge allowed the kids wealth to become a reason to not send him to jail. In fact, he was so insistent that he also made sure that part of the boy's punishment was to go to an uber expensive counseling sessions that would cost them over $450,000. He clearly held that it was because of the boy's wealth, that it was the reason he never learned right from wrong. Would I advocate victims sue if the courts allow anyone to get off going to jail for stupid reasons like this? Hell yes.
Mmmm. I'm observing how you keep coming back to the word "wealth", or "Rich" when describing this. The term used, Bells, was "Affluenza", a condition a psychologist used in court as a defence.
Thing is, you're oversimplifying the decision, you wriggly little thing, you. I'm not sure yet whether that's intentional on your part or not. By saying the kid was let off "because of his wealth" is just a little silly.
You're using the word "wealth" and "money" rather a lot, in this thread.
I can smell something...
Tell me something, Bells. If your kids, assuming you have any, were to rob a bank, would you consider it "justice" that if some lawyer got them off saying you hadn't brought them up properly, the bank decided to go after you on the strength of that defence? Still think you'd be all gung-ho about it then?
My kids would never get a lawyer that would get them off.
Oh, are we playing dodge ball now? What's the matter, Bells, you don't like the question?
And as to your.. reply... what
is that odour?
If you have an issue with the ruling, or the defence used to gain it, then your legal recourse should be to the justice system itself.
Advocating suing the parents and the company that owned the truck is absolutely despicable. Yet advocate that you did, with the link entitled "And so they should" and that is why my initial reply was to you.
What do you think suing is? It is using the justice system. Yes, how despicable that the families of the victims try to get some justice through the justice system after a judge allowed someone to get off going to jail for numerous crimes because he is too rich. The horror.
I'll give you a bit of leeway on this one because I left out part of my reply, that being "...should be to
challenge the justice system itself.
But unfortunately for you, that doesn't change the fact that you're still wriggling. My objection was not noted to be against the victims' families suing per se, but rather to their
targets.
Something you're completely ignoring here.
Your contention is that suing the parents, and even the trucking company who owned the vehicle is perfectly legitimate and reasonable. Mine is that that is despicable.
In fact, I wonder if you're even aware that by doing so, you're giving validity to both the defence itself, and the judges decision. The only legal grounding upon which you could mount a civil case against the parents would be to do so under the assumption that "affluenza" is real, that the kid wasn't responsible, and that the parents were.
Which makes the decision of the judge correct.
The deeper issue is a legal system that can be easily bought and sold when you consider that many judges are elected to their seats. Unlike in the UK.
Oh, I see. Now you're trying to find a "deeper issue" which is more to your taste. Are you implying the judge was bought? Just say it, Bells. For the record. Although to do so would detract even more from any civil case alleging parental responsibility.
That niggling odour.
The two cases are chalk and cheese. In one case, two people were found not guilty of fraud. In other case, one was found guilty of killing and injuring other people after stealing booze and driving drunk, and was not sent to prison because he is too rich to go to prison because apparently his wealth meant he could not know the difference between right and wrong. Can you tell the difference between the two cases?
How many times do I need say it, Bells? 5? 10? The details behind each case aren't important.
Both verdicts were actually not guilty, Bells. So yes, they are the same.
But they claimed Nigella Lawson was "off her head" on drugs including cocaine, cannabis and prescription drugs she couldn�t recall authorising the women to spend on themselves on the cards.
It was also claimed, and the seven man five woman jury presumably accepted, Lawson turned a blind eye to the spending by the women as a form of compensation for them not telling anybody about her "dirty secret" of drug use. Specifically she did not want her husband Saatchi to know.
And here, all you're doing is spouting hearsay evidence that the UK jury "presumably accepted".
I do like these little turns of phrase in news articles. I'm guessing the author was more than a little surprised as well.
I actually did read that article you linked. This is a part of the problem of a jury consisting of "12 of your peers". My guess is that the jury in that case were 12 little Bells.
There's a reason some opt to face a judge directly rather than a jury. Those unwashed masses do tend to be easily swayed, particularly when its a wealthy guy up in the dock. Saatchi has just found that out, presumably to his displeasure.
Personally, I could tear that article apart in less than five minutes. I read through it once, then once more to find all the little bits that should have been challenged by any respectable lawyer - although, it must be said that juries are and have always been susceptible to the kind of prejudice you're displaying so adequately here.
Now compare the jury finding the two of them not guilty to a judge saying a kid didn't have to go to jail after he was found guilty of killing and injuring people because he was rich, and you might just see how the two cases are vastly different.
Again, Bells, the details of the cases themselves are not the basis of comparison.
Guilty people got off in both cases due to some fairly clever lawyering. In both cases, the circumstances surrounding the events at hand or which led up to them were used as a defence. In both cases, the perpetrators were let off. In fact, the two PA's, the poor folks, got off
completely.
So don't sit there and try to make this all about "rich people". It's about the justice system itself, and how clever lawyers are using your bleeding hearts against you.
And there's that odour.
It's your hatred. Seeps through, like the way I smell the next day after I've had a skinful of bourbon the night before.
Disguise it all you like, the smell is there.
Sometimes people know what it is, and sometimes they don't.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Nor would my kids ever rob a bank. I guess that is what you don't get. I would never allow my kids to get off something like that. Actions have consequences and if they do something wrong, then they need to learn the consequences.
I've left this until last, because your reply really had nothing to do with anything.
There's nothing about it I need to "get", Bells. You're telling me a story, and asking me to accept it at face value. Fact is, I have no idea who you are, nor who your kids are. So I have absolutely no idea what you expect to gain here by posting that.
I will relate a little story of my own, here.
I went to a party once, one where the kids all played outside, the mums chatted away indoors and the hubbies were outside drinking. Typical Aussie backyard affair, really. One of the boys was very aggressive. He pushed other kids over, hit them, took whatever they were playing with.
When this was brought to the attention of the mother, she merely said "Not my boy. It's not in his nature". More or less her exact words. She dismissed the whole thing.
I wonder if Anton Breviks mother ever thought he'd go on a shooting rampage.