Punishment and retaliation leads to poorer society. Should we punish people because they are ill, when we do a civilised society is diminished?
David
Posts by llbh
-
28WHAT PUNISHMENT SHOULD MENTALLY ILL CRIMINALS GET?
by Mary inlast summer, a young man was on the bus to his home when a fellow passenger suddenly stabbed him and decapitated for absolutely no reason.
his lawyers of course, are arguing that he is "not criminally responsible" for what he did because he's got a mental disorder.
forget the death penalty because we don't have that up here-----under canadian law, if you're not held criminally responsible, that means you don't go to prison and this guy won't even have a criminal record.
-
-
-
28
WHAT PUNISHMENT SHOULD MENTALLY ILL CRIMINALS GET?
by Mary inlast summer, a young man was on the bus to his home when a fellow passenger suddenly stabbed him and decapitated for absolutely no reason.
his lawyers of course, are arguing that he is "not criminally responsible" for what he did because he's got a mental disorder.
forget the death penalty because we don't have that up here-----under canadian law, if you're not held criminally responsible, that means you don't go to prison and this guy won't even have a criminal record.
-
-
llbh
The premise of this thread is a contradiction in terms, at least here in the UK, and i suspect in most jurisdictions. A mentally ill person who was shown to have committed a crime, and it can be shown they are mentally ill at the time has is not per se a criminal, the reason is, is that for all crimes there are two elements, the criminal act and the criminal mind ( the actus reus and mens rea); therefore as this person whilst undoubtedly committing the act, they lack the second element, the criminal mind.
What Baba says is spot on too, there are people in the UK who will never return to society because their mind is so disturbed that they will always pose a real danger to society.
Why do we want to punish mentally ill people anyway, is it not better to treat them? If they do not respond to treatment, they should remain in a secure hospital.
Regards David
-
10
Has anyone ever had a broken humerus....not very humorous!
by Alpaca insome of you guys may remember that last fall i was talking about doing a cross-country bicycle trip.. well, that idea had to be scrapped, at least for a while.. two days before last thanksgiving, i broke my humerus.
and, of course, since i am right handed it was my right arm.
the doc said that it would be long, tedious recovery-- 6 to 8 months.
-
-
llbh
How interesting too, i hope that you do well and get a good job. Law is a very useful degree to have, it equips you with a wide range of skill sets.
Good luck with your studies
david
-
10
Has anyone ever had a broken humerus....not very humorous!
by Alpaca insome of you guys may remember that last fall i was talking about doing a cross-country bicycle trip.. well, that idea had to be scrapped, at least for a while.. two days before last thanksgiving, i broke my humerus.
and, of course, since i am right handed it was my right arm.
the doc said that it would be long, tedious recovery-- 6 to 8 months.
-
-
llbh
Hey Alpaca i did not think you were complaining at all, to me you were just seeking a little advice and encouragement, which is what i hope i gave you.
The silver lining was for me, that i reappraised my life, and whilst recuperating i met a Greek Professor of Jurisprudence , who encouraged me to study Law which i did!! Graduated 5 years later
Take care.
David
-
10
Has anyone ever had a broken humerus....not very humorous!
by Alpaca insome of you guys may remember that last fall i was talking about doing a cross-country bicycle trip.. well, that idea had to be scrapped, at least for a while.. two days before last thanksgiving, i broke my humerus.
and, of course, since i am right handed it was my right arm.
the doc said that it would be long, tedious recovery-- 6 to 8 months.
-
-
llbh
Hi Alpaca,
50% is all i will ever get, it cause me very little difficulty surprisingly. The only difficulties i have is in close facial movement and doing up shoelaces.
There was a 20% risk of amputation in my case, so i am very pleased with all the movement i have. I went to physio 50 times and the progress was slow and measurable.
I have very little lasting pain, apart from the odd little twinge.
David
-
10
Has anyone ever had a broken humerus....not very humorous!
by Alpaca insome of you guys may remember that last fall i was talking about doing a cross-country bicycle trip.. well, that idea had to be scrapped, at least for a while.. two days before last thanksgiving, i broke my humerus.
and, of course, since i am right handed it was my right arm.
the doc said that it would be long, tedious recovery-- 6 to 8 months.
-
-
llbh
Hi Alpaca ,
I can sympathise with you; i had a badly smashed arm due to falling off a ladder. It took me about 6 months to recover. I split my humerus up the middle and smashed the top of my Ulna, yes it was painful, but i had a wonderful team of surgeons and now have about 50 % movement.
Best wishes for your recovery
David
-
40
Should A JW Be Allowed To Sue A Hospital For Giving Blood Against His Wishes?
by minimus inin connecticut, a jw went to a catholic hospital for an infection on his heel and specifically ordered them not to give him blood.
evidently, he awoke from his procedure and realized he was receiving blood!
he began to hysterically cry and the hospital acknowledged they had erred.
-
-
llbh
John you are confusing issues and conflating them. If a cop searches you, providing he is acting within the guidelines, you have no recourse. If he goes beyond those guidelines, you do have a course of action, and in the case of the scenario you give, it sounds like a sexual assault .
Awarding damages in the case you first started is notoriously difficult and more than a little capricious. It will also vary from jurisdiction to jurisdiction, even within the US.
In the case you first cited the doctor did make a mistake and acted against the express wishes of the patient, which is a totally different case to the second scenario. In the first case the doctor owed a duty of care and was in breach of that duty. So the second case helps little in illuminating the first.
David
-
40
Should A JW Be Allowed To Sue A Hospital For Giving Blood Against His Wishes?
by minimus inin connecticut, a jw went to a catholic hospital for an infection on his heel and specifically ordered them not to give him blood.
evidently, he awoke from his procedure and realized he was receiving blood!
he began to hysterically cry and the hospital acknowledged they had erred.
-
-
llbh
Damages can, and are awarded in case of assault, this man was assaulted in that his person was violated against his express wishes. albeit accidentally. I very much doubt that any judge would allow it to proceed though as the ramifications would be immense.
He may though a case in negligence, as they have a duty of care, and they may be liable. In the UK that is a civil matter and has the lower burden of proof
David
-
40
Should A JW Be Allowed To Sue A Hospital For Giving Blood Against His Wishes?
by minimus inin connecticut, a jw went to a catholic hospital for an infection on his heel and specifically ordered them not to give him blood.
evidently, he awoke from his procedure and realized he was receiving blood!
he began to hysterically cry and the hospital acknowledged they had erred.
-
-
llbh
Technically in the UK if this happened it would be classed as assault, and a criminal offence, which is by its nature imprisonable. I doubt that any judge would allow a case such us this to proceed;especially as this appears to be an honest mistake.
David
-
28
South Africa. Court saves JW girl's life
by jakes init seems as if the courts in south africa are taking a hard line stance on children of jehovahs witnesses and blood transfusions.
court saves jehovah's witness girl's life20 february 2009, 06:13. by kanina foss.
a 12-year-old jehovah's witness girl has received a life-saving blood transfusion that she did not want after a johannesburg high court order gave doctors the go-ahead.. .
-
-
llbh
What a sensible decision,I you reread an old thread ' who pays the ferryman?' by Hilary_ Stepp you will see the most cogently argued argument against the WTS i have ever read.
David