paedophiles, kill or not to kill? (1 Viewer)

[wrong_turn]

just the other day in legal, there was a discussion about a case about paedophiles. the victim had killed his tormentor after 12 years of constant torment. the victim then confronted his paedophile, and an argument had occured. the paedophle died of a heart attack that was caused by the argument. the victim got off scot-free. some people in my class that he deserved what he got. some say that iwasn't right to kill and that he shold go to jail.

originally it was meant to be a small class discussion, but the arguments have been occuring since last wednesday.

so what are your thoughts on this issue?

 

[townie]

the problem occurs in balancing the rights of all the people, the offender, the victim and society.

killing some1, unless u are mentally ill or it was a mistake or accident, is a crime, that is the law, however, i think under the circumstances, it is not appropriate, in my opinion, to impose a custodial sentance upon somebody who has been abused in such a way to almost make it worse than killing somebody.

the victim of abuse in this case, in my opinion, should not have gotten off scott-free, a suspended sentence should have been imposed, i believe that many in the community would find this appropriate, even hardened criminals and murders consider peadophiles or "rock spiders" to be the lowest form of humanity, and would have probably killed the person themselves

by any chance did this discussion arise after yesterday's Oprah show?

 

[wrong_turn]

the problem occurs in balancing the rights of all the people, the offender, the victim and society.

killing some1, unless u are mentally ill or it was a mistake or accident, is a crime, that is the law, however, i think under the circumstances, it is not appropriate, in my opinion, to impose a custodial sentance upon somebody who has been abused in such a way to almost make it worse than killing somebody.

the victim of abuse in this case, in my opinion, should not have gotten off scott-free, a suspended sentence should have been imposed, i believe that many in the community would find this appropriate, even hardened criminals and murders consider peadophiles or "rock spiders" to be the lowest form of humanity, and would have probably killed the person themselves

by any chance did this discussion arise after yesterday's Oprah show?

this happened on wednesday this week. and how can we see oprah when we're still at school

 

[townie]

im not at school! tee hee

well, on Oprah yesterday there was a woman in America, she and her sisters were abused by their father, and she went out and shot him. none of the family blamed her for doing, and were glad he was dead.

but this woman got SEVEN YEARS, which i think is a bit harsh

 

[wrong_turn]

im not at school! tee hee

well, on Oprah yesterday there was a woman in America, she and her sisters were abused by their father, and she went out and shot him. none of the family blamed her for doing, and were glad he was dead.

but this woman got SEVEN YEARS, which i think is a bit harsh

bloooooooody americans! with their blooooody systems. and yes i see the irony in using bloody in this case. :uhhuh:

 

[townie]

yes, well, america is a country that lets some1 whose opinions are known 2 millions (Oprah) sit on a jury...and then she does a show about it!

 

[fantasia]

the paedophle died of a heart attack that was caused by the argument. the victim got off scot-free. some people in my class that he deserved what he got. some say that iwasn't right to kill and that he shold go to jail.

how does having a heart attack mean you killed him?

i mean if i was arguing with someone and they had a heart attack i wouldnt be legally responsible for their death.

thats like saying is it ok to murder a murderer. this is a moral/ethical issue... so its kinda subjective. anyone watch law and order this week.. kinda the same thing

 

[Teoh]

Or, could be juxtaposed to 'wife beaters' syndrome, which has special considerations...

 

[ladyzee]

but it depends on whether the guy the dead guy was having an arguement with had the mens rea of wanting to cause the person to have a heart attack. if he did then he would be guilty, if he didnt then he's free..
does tht make sense?

 

[santaslayer]

but it depends on whether the guy the dead guy was having an arguement with had the mens rea of wanting to cause the person to have a heart attack. if he did then he would be guilty, if he didnt then he's free..
does tht make sense?

I don't think intention would be much of an issue when the defendant's defense is duress/provacation. I would of given the victim a second chance as well. What the judge's sentence should be is a difficult decision and quite debatable. How would the sentence fit the crime?

 

[HSC-King]

Personally, I think the peadophile trait should be identified early in children.
The governement should provide a free labotomy for said children.

Problem solved.

 

[mick18]

Why don't we just send them to a "special" prison, where they are actually killed anyways. Nobody will mind. There is actually special provision in the law where in circumstances people are executed by the state. I'm 100% sure this clause exists, just can't find the exact legislation. You wont find it on Austlii either.

 

[wrong_turn]

did i mention that the paedophile had also been convicted of 7 other cases that were of like. but he got on a good behaviour bond,

from what i read in the article there was no mens rea from the young guy. he was merely confronting the guy to stop him harassing him any longer.

 

[santaslayer]

Why don't we just send them to a "special" prison, where they are actually killed anyways. Nobody will mind. There is actually special provision in the law where in circumstances people are executed by the state. I'm 100% sure this clause exists, just can't find the exact legislation. You wont find it on Austlii either.

ehm...I doubt it.

It might happen yes, but it isn't in any legislation.


Even the PM's powers are specifically identified and nothing of this nature exists.

 

[davidatsyduni]

u know the deal. u need causation, mens reas and acteus reus to be convicted of a criminal offence. Clearly all these elements were not satisfied. the prosecution (the dpp) could really stretch it and say the argument caused the heart attack and that the abused victim knew their attacker would suffer a heart attack (and still proceeded). Nonetheless, it is highly unlikely that the courts would consider this argument because there was not reasonable foreseeability that the victim knew this would occur and that the outcome was one which a wise and prudent man would have anticipated. The decision would be made primarily on policy.

if a conviction was madeout it would probably be under manslaughter. Provocation would be a likely partiail defence.

 

[hipsta_jess]

I don't think paedophiles should be killed, but I do think they should undergo chemical castration or whatever it is they call it.
As for the victim or whatever..hmm..coming from a non-legal standpoint, I don't think he should have got off scot-free, but you need to look at what went on to cause it all, I think he had fair reason.

 

[mick18]

ehm...I doubt it.

It might happen yes, but it isn't in any legislation.


Even the PM's powers are specifically identified and nothing of this nature exists.

How naieve. As HSC-King once said, "Ignorance is bliss"

 

[MouNtY]

i don't think they should be killed just ummm....castrated or something really evil like that......and being a guy i can tell you that without those you might as well be dead...lol

 

[santaslayer]

I don't think paedophiles should be killed, but I do think they should undergo chemical castration or whatever it is they call it.
As for the victim or whatever..hmm..coming from a non-legal standpoint, I don't think he should have got off scot-free, but you need to look at what went on to cause it all, I think he had fair reason.

I agree. Except Asqy dosen't .

 

[Sophie777]

Didn't the guy have a heart attack? This is a natural cause of death, you can't charge someone with causing a heart attack.