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Culprit
Joined: 06 Feb 2003 Location: Port Melbourne
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I've sat back and just watched the Hysteria explode. All of a sudden every one is an expert on police tactics and the law. The one that has the media in a frenzy is bail laws. If we change them this will never happen again. We have political parties point scoring and the media in over drive. There is no quick fix and actually I would say there is no real fix. You can limit incidents like this but you will never stop it. The coroner has to do a review and make recommendations that the Government and Police can implement. In saying that, the coroner recommended to stop police chases to limit the carnage. Yep, that's worked. There are a heap of questions that need to be answered and we will have to wait for those. The one thing I find puzzling is how come Islanders just happened to have baseball bats the city to attack this loony?
I feel sorry for all my friends in the Police Force, dammed if the do, dammed if they don't and they will be the scapegoats here. |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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Pies4shaw wrote: |
I have no interest in defending the current system, just explaining how it works, as a matter of law. At the moment, what you will find is that isn't a problem with discretion; rather it's a problem with the lack of discretion afforded to decision-makers who must, as a matter of law, release people on bail unless specified circumstances exist. |
Which is a great point.
Our legal system is premised on you are innocent until proven guilty, so depriving someone of their liberty (refusing bail) because they have been charged with an offence needs to be carefully managed.
this guy was a low level scumbag, Nostradamus couldn't have predicted he'd do something like this based on his history.
The criteria for withholding bail is:
Quote: | The court will refuse bail if there is an unacceptable risk that the person charged will not be appear on the specified day at court, or when it is thought that the person may commit other offences whilst on bail, endanger the public, interfere with witnesses or otherwise obstruct the course of justice. |
https://www.magistratescourt.vic.gov.au/jurisdictions/criminal-and-traffic/criminal-proceedings/custody-and-bail
Bolding mine.
Unacceptable risk does not equal "any risk". If it did, no one would get bail
The second part has some room for discretion, but how do you apply it? Do you hold someone charged with non-violent burglary in remand until their court date because their history shows they are likely to do it again, or do you just focus on people with a history of violence?
Keep in mind, as tannin once pointed out, you can be charged with Assault without actually laying a finger on a person.
I'd be prepared to consider this cnut an aberration and i don't think you can build a system to cater for aberrations without penalising a lot of people who don't deserve it. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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Culprit wrote: | I've sat back and just watched the Hysteria explode. All of a sudden every one is an expert on police tactics and the law. The one that has the media in a frenzy is bail laws. If we change them this will never happen again. We have political parties point scoring and the media in over drive. There is no quick fix and actually I would say there is no real fix. You can limit incidents like this but you will never stop it. The coroner has to do a review and make recommendations that the Government and Police can implement. .....I feel sorry for all my friends in the Police Force, dammed if the do, dammed if they don't and they will be the scapegoats here. |
Just so. I support everything you say, except for one thing. Bail laws.
Our bail laws have been nakedly insane for many, many years. Utterly stupid. I've been saying this for a decade or more. So have many others.
A few years ago, a particularly nasty scum named Adrian Bailey committed a horrific crime of unprovoked violence on the streets of Geelong causing serious harm to a perfectly normal citizen. Then he was released on bail. Within days, he committed an even worse crime, rape and murder, and there was a massive public outcry.
Why? Well, it turned out that Bailey had a spectacularly nasty record and, through some administrative screw-up, was granted bail anyway. So they changed the bail procedures to prevent this - and missed the entire bloody point.
The main screw-up here wasn't that no-one noticed that Bailey had priors. The screw up was that they thought that anyone reasonably believed to have committed a vicious crime of violence was entitled to bail in the first place.
Screw the priors. The priors weren't the point. The point was that scum like Bailey was allowed out at all.
That time, the public was hoodwinked. They thought that the "reforms" to bail procedures would help prevent a repetition. But the laws weren't reformed at all, not in any meaningful way.
No-one is going to fall for that three-card trick this time. This time the bail laws are going to be fixed. Properly fixed. If this government won't do it, they will be booted straight out and some other mob can have a go. Depend on it. I'm telling you now, if Andrews doesn't fix the bail laws, I will vote Liberal, vote One Nation, vote for anyone except him - and he knows it. He has no choice but to do the right thing - 'cause if even an unreconstructed rusted-on leftie like Tannin is prepared to vote Tory at the next election, they can start booking phone booths for their post election party meetings.
It is not an instant knee-jerk reaction to fix our bail laws. That's just doing something every sane person has known needs doing for many years. Now there are other things to do too, no doubt, and after a proper inquiry we can look at doing them. But we don't need an inquiry to know that the bail laws are insane and should be fixed first thing Monday morning. We didn't need another five people dying to prove that the bail laws are insane and stupid. We just need to fix them.
NOW. TODAY. NO MORE EXCUSES. _________________ �Let's eat Grandma.� Commas save lives! |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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Stui, it's not hard. Everyone not found guilty of a crime is and should be entitled to bail as of right, except where (a) the crime was one of non-trivial violence, and (b) there is strong evidence that the accused is indeed guilty. Pus, of course, those other things you mentioned.
Crime of violence: no bail. It's not hard. _________________ �Let's eat Grandma.� Commas save lives! |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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Tannin wrote: | Stui, it's not hard. Everyone not found guilty of a crime is and should be entitled to bail as of right, except where (a) the crime was one of non-trivial violence, and (b) there is strong evidence that the accused is indeed guilty. Pus, of course, those other things you mentioned.
Crime of violence: no bail. It's not hard. |
With due respect, I don't think it's that simple.
I don't know what the charges were that the case in question was bailed from, apart from a family violence issue. (NB, it was before he stabbed his brother, he was on the run for that)
It may well have been "trivial" violence. I don't know. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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It's not about this case, Stui. It's about the hundreds of serious violent criminals who are released into the community on bail each year, and the terrible consequences this has.
It may well be that the Bourke Street Scum would have got bail anyway (if his domestic violence charges were in fact minor - we don't know that either way) but what we do know is that there are many, many others who are released and reoffend immediately. This has to stop. NOW.
There need to be safeguards in place, of course. There needs to be good, solid evidence that the accused is guilty; there needs to be a threshold of vileness to the crime below which normal bail rules apply; the determination of these things must be up to a court, never the police; and there needs to be reasonable avenue to appeal the denial of bail before a reasonably senior arbiter (magistrate or higher) within a sensibly brief time. (A week, say.)
Does this mean extra magistrates? More work for the courts? Well there are two answers. (1) Who cares? Spend the money you fools! (2) No. When you add up the cost of the reoffending - court time, police time, never mind the cost to the community - you'd probably find that it provides a net saving. But if it doesn't, no matter. It desperately needs doing. Just do it. If you won't do it, piss off and we will vote some other bastard in. _________________ �Let's eat Grandma.� Commas save lives! |
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Pies4shaw
pies4shaw
Joined: 08 Oct 2007
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Are there really lots of serious violent criminals bailed every year when they are known to be serious violent criminals? Plenty get parole. |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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By the way, one of the reasons that law enforcement works so badly is psychological. To be effective as a learning tool, rewards and punishments must be prompt. You can see this for yourself toilet training a puppy. How long would it take you to teach the mutt if you said "bad boy" and gave him a smack on the nose three or four hours after he peed on the carpet? Ans: forever. He will never learn if you don't associate the consequence with the action. Now humans are a bit better than puppies at associating things that happen at different times; nevertheless, prompt consequences are far, far more effective than delayed ones.
This is particularly the case with humans who have not properly learned what developmental psychologists call "object constancy" (the ability to conceptualise things which are not immediately visible) and related abilities. Healthy young children learn this around the age of two or three (I forget exactly when, look it up if you like), but developmentally challenged ones learn it much later, or never. Criminals, by and large, have learning difficulties of this general nature. They are not good at thinking out consequences of their actions. Their ability to rationalise delayed consequences such that nothing is ever their own fault is, on the other hand, highly developed. In short, having months consequence-free on bail first rather than going straight to jail (well, remand) only encourages the perpetrator to see no connection between his act and the consequence. This is one of the reasons who criminals re-offend. They don't see time in quod as something that they brought on themselves by (e.g.) olding up a service station, they see it as just something those bastard coppers do to them. _________________ �Let's eat Grandma.� Commas save lives! |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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Tannin wrote: | By the way, one of the reasons that law enforcement works so badly is psychological. To be effective as a learning tool, rewards and punishments must be prompt. You can see this for yourself toilet training a puppy. How long would it take you to teach the mutt if you said "bad boy" and gave him a smack on the nose three or four hours after he peed on the carpet? Ans: forever. He will never learn if you don't associate the consequence with the action. Now humans are a bit better than puppies at associating things that happen at different times; nevertheless, prompt consequences are far, far more effective than delayed ones.
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basic psychology 101. I learned that 20+ years ago, but also learned that it doesn't work on people who don't fear the consequences.
Instant positive reinforcement is always the most potent.
Not sure though if saying "Attaboy, you didn't steal Daddy's car today and plough through a bunch of pedestrians" is something to saddle a kid with.
Excuse the sarcasm, I've been drinking. I otherwise agree with the post. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Skids
Quitting drinking will be one of the best choices you make in your life.
Joined: 11 Sep 2007 Location: Joined 3/6/02 . Member #175
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I'm reading a lot of stuff saying this bloke is a muslim and was heard screaming aloha snackbar.... is this confirmed?
Would explain why he stabbed his homosexual brother in the face before his copycat murders. _________________ Don't count the days, make the days count. |
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David
I dare you to try
Joined: 27 Jul 2003 Location: Andromeda
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Seems unlikely, but I'm sure there are a lot of people out there who desperately want to believe that he was. _________________ All watched over by machines of loving grace |
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Mugwump
Joined: 28 Jul 2007 Location: Between London and Melbourne
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David wrote: | Seems unlikely, but I'm sure there are a lot of people out there who desperately want to believe that he was. |
Even if this wretched creature did shout that in his desire for attention, there is nothing to suggest any reality behind it. He's just another product of a damaged society. I'll be surprised if it is not found that he was an avid player of Grand Theft Auto, which has contributed to the necessary desensitisation. _________________ Two more flags before I die! |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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He apparently is an Islam convert but i'd say that is largely irrelevant _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Tannin
Can't remember
Joined: 06 Aug 2006 Location: Huon Valley Tasmania
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He was a fanatic Christian. Yes, yet another deluded religious murderer. _________________ �Let's eat Grandma.� Commas save lives! |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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^
he was a dickwad.
I think it's fair to say that whatever religion he claimed to follow, what he did had nothing to do with religion of any variety. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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