quarterfloun said:I'm with you Rd, I think the gentlemans (I have to be nice to keep Rainy off my back) demise was unfortunate due to his choice of profession and standards of citizenship and his children are going to grow up perhaps the better for it. When the dust settles and these children and mother have finished from grieving hopefully will look at the facts and realise that crime does not pay. Perhaps the Widow will meet a nice man (from any community - settled or unsettled) who has more moral fortitude than her previous selection and can provide these orphans with a more suitable (in terms of law abiding and respect for others) role model. Thus I can see good coming out from this situation.
No problem - .quarterfloun said:Clubman - you point me to the constitution to tell me what rights I have.
Eh? Not sure what other constitutions have to do with this issue but in relation to our own it is (to quote OASIS):Is every Constitution in the world 100% right?
As such, until such time as it is amended it is 100% "right" if you want to put it that way.the fundamental legal document that sets out how Ireland should be governed and the rights of Irish citizens.
What do you mean by "Deified"? I never mentioned anything like this in relation to the constitution.Perhaps missing from this Deified (in your eyes) document
Yes - such a line is indeed missing and if you think that it should be included then you should start a campaign to have it amended appropriately and see how much support you get. On the other hand given that our legal system assumes innocence until proven otherwise you have a bit of a chicken and egg situation in that you can only prove that somebody has "waived the law" as you put it by trying and convicting them at which stage you have already granted them access to the law. How would you determine a priori and without a trial by one's peers (let's ignore the sticky issue of the no jury for now shall we?) that somebody had "waived the law" for example?is a line that says "you waive all rights to the law if you waive the law".
I disagree that equality before the law is elevation to anybody's level but one has to do this because the consistution guarantees it as a fundamental right. As above, if you want it changed get going.Why should decent folk have to elevate our criminal brethren to our level?
I don't understand this point at all.If we do we effective allow them to dip in and out as they see fit cherry picking a place in society that never contributes and always takes.
Not necessarily - convicted criminals can pay by losing their freedom when convicted of crimes. Just look at Mr. Nally's case for example.Who ends up paying for our criminals rights to the constitution - you and me.
How was justice imbalanced in this case? Mr. Nally was convicted of killing a man unjustifiably and received a custodial sentence. Do you think that killers should be allowed remain at large because of the wider circumstances of their killing?So not only do we under the Constitution pay for the entire infrastucture of upholding the constitution, we allow criminals access to law (though they choose to live outside it), we then fund their "defense" and ultimately provide them with shelter & food.
Whilst I agree this is the practise of a civilised society, ultimately we should try and resolve the issues not the crimes. In the meantime we should balance the scales of justice to protect the victims rather than ensure the criminals rights are well preserved under the constitution.
Do you think that killers should be allowed remain at large because of the wider circumstances of their killing?
ronan_d_john said:I've been wondering recently why people didn't adopt this same thinking when it came to Liam Lawlor.
Families such as the McCartneys, McCabes and Rafferteys among many others might agree with you alright.daltonr said:No. That would be ridiculous. Imagine if the people who murdered hundreds of people in the North were just allowed to remain at large! No-one would ever stand for that.
I mean, Irish Society as we know it would decay into Anarchy!
I don't believe that trespass or theft are crimes punishable by death I don't believe that trespass or theft are crimes punishable by death
Families such as the McCartneys, McCabes and Rafferteys among many others might agree with you alright.
I think it's obvious that the vast majority of individuals do have respect for the law notwithstanding the fudges that may be made in other contexts. Otherwise the majority of people would have criminal convictions for law breaking. In what way do you think that anybody (commentators? the courts? etc.) came down hard on Mr. Nally?daltonr said:If you want to stop people taking the law into their own hands you don't do it be coming down hard on Mr Nally, you do it by having some respect for the law in the first place.
I think it's obvious that the vast majority of individuals do have respect for the law notwithstanding the fudges that may be made in other contexts. Otherwise the majority of people would have criminal convictions for law breaking.
In what way do you think that anybody (commentators? the courts? etc.) came down hard on Mr. Nally?
I don't consider respect for the Government or the Gardaí as necessary precursors to respect for the law itself.daltonr said:I have very little respect for the Gardai, virtually no respect for the government, and I'm appalled by the various fudges. But I don't have any criminal convictions. Don't mistake a lack of criminal convictions for widespread respect for the law.
What laws do you and others break habitually?I break the law a fair bit, as do an awful lot of people, they/we just tend not to get convicted. I don't break the law out of any attempt to get revenge for anything, there are just certain laws I see no point in obeying.
Is he being treated more harshly than these people? Many of them served even longer sentences even if they were eventually granted early release (often under license).He can't quibble too much about being in Jail, but I think he'd be justified in asking why he is treated more harshly than terrorists who deliberately set out to kill.
What laws do you and others break habitually?
Is he being treated more harshly than these people? Many of them served even longer sentences even if they were eventually granted early release (often under license).
Hi extopia, thanks for that!extopia said:delgirl, I was wrong about you. Sorry (again).
A suspended sentence would have, IMO been more appropriate as Mr Nally had no criminal record and is unlikely to reoffend.How was justice imbalanced in this case? Mr. Nally was convicted of killing a man unjustifiably and received a custodial sentence. Do you think that killers should be allowed remain at large because of the wider circumstances of their killing?
daltonr said:I very much doubt it'll make a difference. I suspect had their father lived and continued to make an income by robbing people and wielding his slash hook at gardai, the kids would have been more likely to follow in his footsteps than become upstanding citizens.
We don't know what will happen. I'm as entitled to say they're better off without him as you are to say the opposite.
In any case it wasn't Mr Nally's job to turn them into good citizens. It was his job to protect himself and his property. Perhaps the state should have thrown out the charges against Mr Ward for attacking a Garda, for fear that it might build up resentment against the system in Mr Ward's 11 children.
-Rd
Whatever about those released under the GFA I didn't think that the situation of the OTRs had been regularised yet although I'm open to correction on this.daltonr said:Some of the On The Runs have never spent a day in prison and never will.
Does it also involve periodic signing on for the remainder of the custodial sentence? I'm not sure. One way or another, whatever you think of it as a "concession" it does involve some erosion of an individual's liberty that other non offenders are not subject to.And what does Under Licence mean? A promise not to break the law again.
Obviously the trial judge in his wisdom, experience and knowledge of precedent thought differently than you.delgirl said:A suspended sentence would have, IMO been more appropriate as Mr Nally had no criminal record and is unlikely to reoffend.
Your gross exaggeration on the 'resentment' issue is offensive. No-one suggested that legitimate actions of the state or the Gardai should be concerned about this.
The guy wasn't a good father, so it's OK to shoot him in the back?
Are we allowed terminate the life of anyone we judge to be not a good father? Let him who is without sin cast the first stone....
Can you explain if/how this comment relates to the Nally conviction please?daltonr said:Ideally the scales should be balanced so that it's difficult to convict an innocent person of a crime they didn't commit.
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