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| uk.legal (Legal Issues in the UK) (uk.legal) An unmoderated forum to discuss all aspects of legal issues within the UK. |
| Tags: guilty, presumed |
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#281
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Cynic wrote:
On Tue, 02 Sep 2008 13:52:44 GMT, Palindrome wrote: I agree. It is unfortunate and potentially unfair. However, continuing denial of the partner's guilt ("he's on the sex offenders' register for credit card fraud") is probably not the best way to make friends and influence people. So unless the wife/husband/children joins the lynch mob, they are also guilty and deserving of punishment? I can only imagine how you came to that conclusion from that statement. There are so many arguments about what is unfair about the way in which those that have been caught with child abuse images (and their families) are treated, so why even mention the bad luck that caused the police to investigate the computer, if that is what it was? That wasn't unfair - it was bad luck. Arguments about how unfair pressure can be brought in order to get the accused to plead guilty, for example. Arguments about the definition of which images should be legal and which illegal. Arguments about how juries are not the best people to judge whether images are indecent, or not. Arguments about who should, or should not, go on the SOR. Arguments about who should know who is on the SOR. The list goes on and on. But arguing that "credit card fraud" is in anyway responsible seems to be arguing that it was unfair that he was caught.. But that had nothing whatsoever to do with my post, in which I was questioning whether the *family* of a convicted sex-offender should be treated as if they were also offenders if they support the offender or do not believe in his guilt. Arguing that it was unfair that he was caught isn't supporting the offender. Arguing that is was unfair that he was caught isn't arguing that he was not guilty. -- Sue |
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#282
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MM wrote:
On Wed, 27 Aug 2008 23:42:30 -0700 (PDT), The Real Doctor wrote: On 28 Aug, 03:31, wrote: Todal are you being intentionally thick, or do you not understand the term 'unemployable'? I, for example, have committed no crime, but am considered 'unemployable'. Why? Guilty by association with someone accused. 20 year career shot to hell because of a misrepresentation, guilt by association and false allegations. And a plea of guilty to possessing fifty five (or was it fifty seven?) indecent images of children, of course. But not the woman! Since when did we hang wives and girlfriends of alleged murderers? This "guilt by association", if the woman knew nothing, is a form of "justice" invented by fascists. MM Surely we don't have "fascists" in our gloriously equal Socialist society? We do have bloody witch hunts though! -- Moving things in still pictures! |
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#283
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"Big Les Wade" wrote in message
... Almost exactly correct. The phrase has been deliberately created by the child protection industry as a preferred alternative to "child pornography" or "indecent images". The agencies concerned (IWF, CEOP, NSPCC and so on) are quite open about it - their websites explicitly instruct journalists to use the special phrase in order to emphasise the "fact" that Every Illegal Image Is A Crime Scene. I have taken delivery of boxes of old photos from my mother's house including some crime scenes of me as a child playing on the beach nekkid. Since this is a child abuse image and I am the subject am I entitled to victim compensation? Who do I sue? Andy |
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#284
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AndyW wrote:
"Big Les Wade" wrote in message ... Almost exactly correct. The phrase has been deliberately created by the child protection industry as a preferred alternative to "child pornography" or "indecent images". The agencies concerned (IWF, CEOP, NSPCC and so on) are quite open about it - their websites explicitly instruct journalists to use the special phrase in order to emphasise the "fact" that Every Illegal Image Is A Crime Scene. I have taken delivery of boxes of old photos from my mother's house including some crime scenes of me as a child playing on the beach nekkid. Since this is a child abuse image and I am the subject am I entitled to victim compensation? Who do I sue? You appear to be in possession of an indecent photograph of a child. You should pack your bags, not forgetting your toothbrush, and surrender to the nearest constable. You may as well try to involve your mother as well, especially if you don't really like her. |
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#285
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On Sep 3, 6:49*pm, "The Todal" wrote:
AndyW wrote: "Big Les Wade" wrote in message ... Almost exactly correct. The phrase has been deliberately created by the child protection industry as a preferred alternative to "child pornography" or "indecent images". The agencies concerned (IWF, CEOP, NSPCC and so on) are quite open about it - their websites explicitly instruct journalists to use the special phrase in order to emphasise the "fact" that Every Illegal Image Is A Crime Scene. I have taken delivery of boxes of old photos from my mother's house including some crime scenes of me as a child playing on the beach nekkid. Since this is a child abuse image and I am the subject am I entitled to victim compensation? Who do I sue? You appear to be in possession of an indecent photograph of a child. You should pack your bags, not forgetting your toothbrush, and surrender to the nearest constable. *You may as well try to involve your mother as well, especially if you don't really like her. I agree. See the post about my son being brought home from the NICU.. first bath... veiwed as a child abuse image... by the plod, that is. TC |
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#286
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Charles Bryant wrote:
In article , Palindrome wrote: Charles Bryant wrote: In article , Palindrome wrote: Different countries have different laws and different rules apply. Live with the UK ones or go to a country which has rules you approve of. A little thought should show that that principle is morally indefensible. There is a third option of trying to change the rules. Where the rules are wrong, that is morally the best course. ` Of course. But criminals that commit crimes and then argue that it was unfair that they got caught don't deserve much sympathy. That depends on whether it actually was unfair. In many cases that depends on the circumstances, but I would regard it as being automatically unfair for someone to be caught breaking a law that was itself unfair. I would also generally regard it as unfair if a person was caught because of the police breaking the law, or if the person was one of many breaking the law and singled out for an unfair reason. But the only people that seem to want this particular rule changed are criminals that have been caught and convicted as a result of the present rules. Well now you know someone else. The current rules are completely insane. Far from making it an offence to possess or make pictures of children being abused, there should be an incentive to get people to distribute such material widely. Which is more likely to prevent the LAPD from beating suspects: making it illegal to film them or making such film seen around the world? Which do you think is more likely to prevent sexual abuse of prisoners at Abu Ghraib: making it illegal to make and possess pictures of it or publishing pictures in the world's newspapers? You are thinking of something rather different - the rule in question is the "exclusionary rule" that prevents "fruit of the tree" evidence being inadmissible in the US to a far greater extent than in the UK. As to whether the law regarding possession of child abuse images are concerned, it is clearly fair and reasonable. Juries have no difficulty in finding people that do so guilty - if they thought the law unfair or unreasonable, they would surely not do so. As to whether evidence that is found after the police have made a minor procedural error, I see no problem with that being admissible, at all. If they break the law, they should be prosecuted for breaking the law, the same as any other person should be. -- Sue |
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#287
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On Wed, 03 Sep 2008 23:35:47 GMT, Palindrome wrote:
Charles Bryant wrote: In article , Palindrome wrote: Charles Bryant wrote: In article , Palindrome wrote: Different countries have different laws and different rules apply. Live with the UK ones or go to a country which has rules you approve of. A little thought should show that that principle is morally indefensible. There is a third option of trying to change the rules. Where the rules are wrong, that is morally the best course. ` Of course. But criminals that commit crimes and then argue that it was unfair that they got caught don't deserve much sympathy. That depends on whether it actually was unfair. In many cases that depends on the circumstances, but I would regard it as being automatically unfair for someone to be caught breaking a law that was itself unfair. I would also generally regard it as unfair if a person was caught because of the police breaking the law, or if the person was one of many breaking the law and singled out for an unfair reason. But the only people that seem to want this particular rule changed are criminals that have been caught and convicted as a result of the present rules. Well now you know someone else. The current rules are completely insane. Far from making it an offence to possess or make pictures of children being abused, there should be an incentive to get people to distribute such material widely. Which is more likely to prevent the LAPD from beating suspects: making it illegal to film them or making such film seen around the world? Which do you think is more likely to prevent sexual abuse of prisoners at Abu Ghraib: making it illegal to make and possess pictures of it or publishing pictures in the world's newspapers? You are thinking of something rather different - the rule in question is the "exclusionary rule" that prevents "fruit of the tree" evidence being inadmissible in the US to a far greater extent than in the UK. As to whether the law regarding possession of child abuse images are concerned, it is clearly fair and reasonable. Juries have no difficulty in finding people that do so guilty - if they thought the law unfair or unreasonable, they would surely not do so. To what extent have they been "groomed" by public opinion, especially of the kind promulgated by the Sun and News of the World, in order to make anything other than a guilty verdict impossible? Think for a moment if a jury decided the pictures were all in the category of "Klara and Edda", a useful yardstick since the newspapers published the actual photo (before some started to censor it) and thus everyone had/has a chance to view it, and came to the same conclusion as the CPS over K & E, namely that there was no case to answer? Within minutes of a not guilty verdict the Sun would be screaming for its pet lynch mob to "hunt these friends of paedos" down. The Sun would have to mount a vicious attack, since it would fear its meal ticket would be coming to an end. So it's not really all that surprising when juries find as they do. Also, are juries selected completely at random or does vetting go on like in the States? In other words, if you had a jury comprised mainly of representatives for the various "do-gooder" factories, then you could forget "not guilty" if the pictures showed even just a bare ankle. MM |
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#288
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Charles Bryant wrote:
In article , Palindrome wrote: You are thinking of something rather different - the rule in question is the "exclusionary rule" that prevents "fruit of the tree" evidence being inadmissible in the US to a far greater extent than in the UK. I think that should be stronger in the U.K. Without it there is too much temptation for police to succumb to "noble cause" corruption. It's far too easy for police to do something which breaks the rules but not sufficently for them to be prosecuted for it. If it was likely to make evidence inadmissable there would be a strong incentive on invividuals to stick to the rules and for supervisors to make sure their people did everything right. Thank you for being kind and not pointing out my incorrect double negative ![]() I take your point, but it does rather rely on the rules being spot on, if they are to be kept so religiously. We seem to be adding more and more rules at an astonishing rate, making it more difficult for the police to do their job whilst not bending any of them. I find it hard to believe that rules that are changed and added to so frequently can meet the quality criteria needed for blind adherence. I would suggest that there is a difference between a rule being broken deliberately, with a view to gaining a conviction that otherwise would not be possible, and one broken accidently and incidentally. -- Sue |
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#289
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On Sep 4, 9:55*pm, Palindrome wrote:
Charles Bryant wrote: In article , Palindrome wrote: You are thinking of something rather different - the rule in question is the "exclusionary rule" that prevents "fruit of the tree" evidence being *inadmissible in the US to a far greater extent than in the UK. I think that should be stronger in the U.K. Without it there is too much temptation for police to succumb to "noble cause" corruption. It's far too easy for police to do something which breaks the rules but not sufficently for them to be prosecuted for it. If it was likely to make evidence inadmissable there would be a strong incentive on invividuals to stick to the rules and for supervisors to make sure their people did everything right. Thank you for being kind and not pointing out my incorrect double negative ![]() I take your point, but it does rather rely on the rules being spot on, if they are to be kept so religiously. We seem to be adding more and more rules at an astonishing rate, making it more difficult for the police to do their job whilst not bending any of them. I find it hard to believe that rules that are changed and added to so frequently can meet the quality criteria needed for blind adherence. I would suggest that there is a difference between a rule being broken deliberately, with a view to gaining a conviction that otherwise would not be possible, and one broken accidently and incidentally. -- Sue "making it more difficult for the police to do their job whilst not bending any of them" I have corrected this for you: "making it more difficult for people to live their lives whilst not breaking or bending any of them" WM |
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