WHy we need to leave a lot of discretion to the courts...

Started by Berkut, June 25, 2021, 10:18:30 AM

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Berkut

June 25, 2021, 10:18:30 AM Last Edit: June 25, 2021, 12:17:08 PM by Berkut
https://www.cnn.com/2021/06/25/europe/valerie-bacot-trial-verdict-cmd-intl/index.html

What an amazing story. There is a lot to comment on there, not the least of which how bad a job society does at dealing with a situation like this BEFORE it comes to shooting the asshole. Or hell, before it comes to letting the asshole marry the child he is raping.

But anyway, this is such a great example of a case where you cannot really imagine a legal structure to handle the scenario - where it would be nearly impossible to craft a law to account for the moral reality of this particular crime, while not leaving open a lot more crimes that are similarish in the facts, but not in the moral conclusion.


IMO, this is a murder where the outcome should be pretty much exactly what the prosecution is asking for - and why we need a justice system that allows for prosecutorial and judicial discretion in how cases are handled, prosecuted, and sentences administered.


Note: I am only commenting here on what happened AFTER she murdered her asshole husband, not everything that happened before that point.
"If you think this has a happy ending, then you haven't been paying attention."

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Habbaku

#1
June 25, 2021, 10:23:54 AM
Someone should be responsible for being Berkut's editor.
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.
-J. R. R. Tolkien

PDH

#2
June 25, 2021, 10:26:16 AM
That 1.5 font size really saves space though.
I have come to believe that the whole world is an enigma, a harmless enigma that is made terrible by our own mad attempt to interpret it as though it had an underlying truth.
-Umberto Eco

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"I'm pretty sure my level of depression has nothing to do with how much of a fucking asshole you are."

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Habbaku

#3
June 25, 2021, 10:30:00 AM
Easier to print these posts, that's for sure.
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.
-J. R. R. Tolkien

The Brain

#4
June 25, 2021, 10:41:35 AM
A center for ants??!?
Women want me. Men want to be with me.

Valmy

#5
June 25, 2021, 10:41:55 AM
First of all, very wise action by the prosecutor. I don't think this person is in any danger of doing this again. Exactly the right thing to do.

I am interested in hearing your thoughts on the other stuff. One would think marrying a teenager as a grown ass adult and getting her pregnant would have been a red flag to somebody.
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Zmiinyi defenders: "Russian warship, go fuck yourself."

Habbaku

#6
June 25, 2021, 10:53:19 AM
Quote from: The Brain on June 25, 2021, 10:41:35 AM
A center for ants??!?

The posts are in the computer.
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.
-J. R. R. Tolkien

Berkut

#7
June 25, 2021, 12:17:38 PM
I wonder why it does that sometimes when you paste a URL. Bizarre.
"If you think this has a happy ending, then you haven't been paying attention."

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grumbler

#8
June 25, 2021, 01:36:30 PM
Quote from: Valmy on June 25, 2021, 10:41:55 AM
One would think marrying a teenager as a grown ass adult and getting her pregnant would have been a red flag to somebody.

Her mother (who was the boyfriend of the perp) saw him go to jail for raping a teen, then invited him back into her house (where she had a teenage daughter), then kicked her daughter out of the house, saw her by-then ex-boyfriend marry her daughter, and now claims that it all happened behind her back.

It was probably only pity that kept Valerie Bacot from shooting her, too: it was a pity she ran out of bullets.

If there was ever a defense of "he needed killing," this case uses it.

By the way, what a great title for Bacot's book.  Nails it in one.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!
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