Monday, January 08, 2007

Sentencing

A poll in the NZ Herald asks what sentence a convicted killer should receive and gives four options;

1/ 10-20 years
2/ 20-30 years
3/ Life - without the possibility of parole
4/ The death sentence

The major problem is of course there are killings and there are killings. Someone who kills in defence or under extreme provocation is not the same kettle of fish as the character who has prompted this poll.

But even in his case should the first sentence he received be exactly the same as the next one?

That said, I am assuming the respondents have his case in mind - at least I hope they do. The results so far are respectively 5, 20, 48 and 27 percent.

Based on this poll, the current sentencing laws are well out of step with what the public wants. (This is not an endorsement of what they want - merely an observation).

3 comments:

Anonymous said...

Every now and then there is a case to `lock a person up and throw away the key'. Graeme Burton appears to be one of those and perhaps there are another 4 or 5 in jail in NZ at present.

These people will never rehabilitate.

Anonymous said...

Well there is a difference between a one off act of stupidity/madness and a general contempt for the rights of other people - and the law should should reflect that by considering previous criminal history in sentencing. Likewise, someone who kills in response to violence or to a genuine direct threat of violence should be treated differently under the law from other killers.

However, 'extreme provocation' invokes a subjective assessment of the perpetrator's mental state. "He was extremely provoked in the circumstances due to his morbid fear of children wearing halloween masks. Your honour." Ultimately we cannot know what another person is thinking, and if we let a killers defence rest upon what they (or their ambitious defence attorney) claim that they were thinking, then genuine justice will often not be done. The public knows that justice is not being done - hence blanket calls for 'tougher' penalties.

Anonymous said...

4 or 5 in jail at present!

There are a hell of a lot more than that!

You only hear about the high-profile ones.Trust me- there are plenty more oxygen-theives inside!