Safe Speed Forums

The campaign for genuine road safety
It is currently Mon May 25, 2026 23:18

All times are UTC [ DST ]




Post new topic Reply to topic  [ 31 posts ]  Go to page Previous  1, 2
Author Message
 Post subject: Re: Priorities
PostPosted: Fri Feb 18, 2011 13:39 
Offline
Life Member
Life Member

Joined: Sat Mar 27, 2004 13:50
Posts: 2643
If it's the likelihood of being killed your'e worried about, bear in mind that more people are killed by accidents in their own homes than on the roads.
And a far higher number than that die due to preventable infections picked up in hospitals, and other medical 'misadventures'
Not to mention the comparatively huge number of people who die prematurely from heart disease etc, a lot of which we are told is down to our own lifestyles.

_________________
Only when ideology, prejudice and dogma are set aside does the truth emerge - Kepler


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Fri Feb 18, 2011 13:43 
Offline
Gold Member
Gold Member

Joined: Thu Nov 09, 2006 14:06
Posts: 3654
Location: Oxfordshire
weepej wrote:
RobinXe wrote:
dcbwhaley wrote:
But you are just as dead if you are hit by a careless motorist who didn't intend to kill you as you are if you are decapitated by a machete wielding maniac who did. : And I am more likely to die the former way than the latter. If the intention is to preserve life rather than prevent crime both issues need to be addressed.


I agree that both issues need to be addressed, however the purpose of the legal system is not to mete out retribution.


Yes it is, part of a prison sentence is intended to be punishment for the crime, and the rest of it the rehabilitation phase.


Punishment is not the same as retribution.

_________________
Regulation without education merely creates more criminals.


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Fri Feb 18, 2011 13:56 
Offline
User

Joined: Sat Oct 20, 2007 22:50
Posts: 3267
RobinXe wrote:
Punishment is not the same as retribution.


http://www.thefreedictionary.com/retribution

1. Something justly deserved; recompense.
2. Something given or demanded in repayment, especially punishment.
3. Theology Punishment or reward distributed in a future life based on performance in this one.


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Fri Feb 18, 2011 14:43 
Offline
Gold Member
Gold Member

Joined: Thu Nov 09, 2006 14:06
Posts: 3654
Location: Oxfordshire
Semantically similar agreed; perhaps it would have been clearer if I had said "punishment under our common law legal system is not intended to satisfy the 'eye for an eye' principle of retributive justice". Or perhaps, all retribution is a punishment, but not all punishments are retribution? Better?

_________________
Regulation without education merely creates more criminals.


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Fri Feb 18, 2011 15:24 
Offline
Supporter
Supporter
User avatar

Joined: Thu Oct 16, 2008 13:45
Posts: 4042
Location: Near Buxton, Derbyshire
weepej wrote:
RobinXe wrote:
, however the purpose of the legal system is not to mete out retribution.


Yes it is, part of a prison sentence is intended to be punishment for the crime, and the rest of it the rehabilitation phase.


But the punishment is not meant to be retributive. It is intended to act as a deterrent; to the actual offender for his future behaviour and to other potential offenders.

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Fri Feb 18, 2011 15:56 
Offline
Magistrate
Magistrate

Joined: Sun Apr 10, 2005 13:58
Posts: 1155
malcolmw wrote:
In my simple view no punishment content equals "I've got away with it."
There will always be punishment of some kind.

When sentencing an adult case the bench will have a number of aims in mind. Punishment, rehabilitation, deterrence and public protection being the main ones. We decide the order of importance for the case in front of us and, as far as is possible, find a sentence that includes all the elements we consider applicable. As a rough guide, offences of violence will almost always have punishment at the top of the priorities, whereas it is sometimes possible to stop serial shoplifting by a short period of supervision (what used to be called probation) during which the offender is taught basic cooking (cheaper than ready meals) and basic budgeting skills.

we have the same aims in mind when dealing with a youth but the rehabilitation element has to be the most important. That doesn't stop the court imposing custody as the rehabilitation part can be done when the custodial element has been completed. in fact youth custodial sentences are specifically designed to facilitate this.

Youths receive a Detention and Training Order (DTO) not a prison sentence. A DTO must be of at least 4 months, a long time if you are 15 years old. During a DTO there is very little time spent doing nothing. If not in education they are in the gym or learning to cook or some other domestic skill. I regularly hear about 16 year olds who don't know how to make a bed and have never washed their own clothes. They will be able to do both those things by the time they leave. All youths on DTOs complete 50% of their sentence in custody. A stark contrast with adult sentences. They then serve the rest of their time in the community receiving supervision from the Youth Offending team.

_________________
I am not a lawyer and can't give legal advice. I do have experience of the day to day working of courts and use that knowledge to help where possible. I do not represent any official body and post as an individual.


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Fri Feb 18, 2011 16:06 
Offline
Gold Member
Gold Member
User avatar

Joined: Mon Mar 26, 2007 16:34
Posts: 4923
Location: Somewhere between a rock and a hard place
Mole wrote:
I dunno. When I go out in the car, I know I'm statistically more likely to be killed or seriously injured than when I'm walking about a big city at night. But somehow, it doesn't FEEL like that! Given that (also statistically) neither event is that likely to happen to me, the biggest "discomfort" I face in daily life, is the one that gives me the greater worry- and that's not driving! It's probably because I feel I have some degree of control over my fate when I'm in a car - whereas, I'd probably not be that good in a street fight!

I’m with you there Mole and for a reason I don’t think has been mentioned before. See if you agree with me..

I think where the statistics are badly skewed it that they present, let’s say, that I have a 10% chance of being involved in a KSI living in a busy city like Birmingham. What that does not take into account is that I am a good driver yet I am simply being thrown into the same pot as everyone else.

I don’t mean this as a boast, I’m just saying that my record is excellent and if the statistics took this into account it would show that a driver like me actually has, let’s say, nearer 0.01% or something. If I look at it another way, taking everyone else out of the equation, and instead look at my own driving record and the last bump I had which was in 1995. (That’s another story).

In 16 years that’s one accident. Over that time my average yearly mileage would be at least 20,000 miles per year. (Probably more than that but my current job has involved lots of driving over the past 11 years which will have increased the usual average of 12,000 per year). So that works out to be one accident in 320,000 miles. I am close to having done 50,000 miles on my motorbike too which I’ve had for 6 years without incident, yet. :roll: So now I'm up to at least 370,000 miles which means I am likely to be dead before I am due another accident.

The last accident I had was two days ago when I walked into the edge of my open garage door and tried to make two noses from one. So that is why, when I get behind the wheel or across my bike, I don’t feel threatened. Statistically I am more likely to come a cropper on my legs.

_________________
The views expressed in this post are personal opinions and do not necessarily represent the views of Safe Speed.
You will be branded a threat to society by going over a speed limit where it is safe to do so, and suffer the consequences of your actions in a way criminals do not, more so than someone who is a real threat to our society.


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Sat Feb 19, 2011 04:45 
Offline
Site Admin
User avatar

Joined: Tue Oct 12, 2004 02:17
Posts: 7357
Location: Highlands
RobinXe wrote:
I think the lack of priorities is biased more towards the violent, thuggish crime being punished too leniently than vice versa.
Worth noting that if the biker had not been a regular on that road, with a distinctive bike/helmet/clothing combo, and having drawn attention to himself by his gesture,...
They really need to show clear evidence that they are for road safety. To jeer at authority is never a sensible idea, nor to always believe your 'mates' either!
Just as well he was stupid and made the job of the police easier. What a silly thing to do.
With Courts able to hand out stiff punishment for all types of 'camera' issues, is this in part to try to convince some of the apparent 'importance' of the cameras perhaps ? The final club hammer to crack the nut?
But what I hear, after these types of rulings, is not a feeling of respect, but of indifference and ridicule, for what can be seen as an 'unjust' and disproportionate system that seems to be out of touch with society. Certainly there seems to be a widening of 'class justice', where if you have money you can fight for justice and if you don't you can't.

Part of this also stems for the great lack of understanding and perceptions of how the Courts work and Rule. From what I have heard over the last 4 yrs in particular even the solicitors and barristers are confused about how they operate on occasion too! (Thanks Fisherman for the info).

_________________
Safe Speed for Intelligent Road Safety through proper research, experience & guidance.


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Sat Feb 19, 2011 12:15 
Offline
Gold Member
Gold Member
User avatar

Joined: Wed Dec 08, 2004 14:26
Posts: 4364
Location: Hampshire/Wiltshire Border
SSV2 wrote:
To jeer at authority is never a sensible idea...

True but it seems to be viewed as more serious than violence or theft. The proverb "sticks and stones..." comes to mind.

_________________
Malcolm W.
The views expressed in this post are personal opinions and do not represent the views of Safespeed.


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Sat Feb 19, 2011 16:55 
Offline
Member
Member

Joined: Fri Oct 26, 2007 19:08
Posts: 3434
Yes we do seem to be in a society that is ever more being run by "control freaks", whereby one of the biggest crimes seems to be the fact that we could possibly question our masters or rebel against their "better knowledge".

_________________
My views do not represent Safespeed but those of a driver who has driven for 39 yrs, in all conditions, at all times of the day & night on every type of road and covered well over a million miles, so knows a bit about what makes for safety on the road,what is really dangerous and needs to be observed when driving and quite frankly, the speedo is way down on my list of things to observe to negotiate Britain's roads safely, but I don't expect some fool who sits behind a desk all day to appreciate that.


Top
 Profile Send private message  
 
 Post subject: Re: Priorities
PostPosted: Sat Feb 19, 2011 19:41 
Offline
User

Joined: Sun Sep 03, 2006 04:10
Posts: 3244
It's all about control.
With only a few hundred thousand versus 60 million (plus) control is important.

_________________
The world runs on oil, period. No other substance can compete when it comes to energy density, flexibility, ease of handling, ease of transportation. If oil didn’t exist we would have to invent it.”

56 years after it was decided it was needed, the Bedford Bypass is nearing completion. The last single carriageway length of it.We have the most photogenic mayor though, always being photographed doing nothing


Top
 Profile Send private message  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 31 posts ]  Go to page Previous  1, 2

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 20 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You can post attachments in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group
[ Time : 0.023s | 10 Queries | GZIP : Off ]