There's a big fuss at the moment about how unpleasant people are allowed to be to burglars, muggers and other assorted ne'erdowells. I was both amused and horrified by this clarification of the situation:
Mr Macdonald said only 11 householders had been prosecuted in the past 15 years, of whom five were convicted. The most notorious case was that of Norfolk farmer Tony Martin, jailed for life for shooting dead 16-year-old burglar Fred Barras in 1999. The murder conviction was reduced to manslaughter on appeal and Mr Martin was freed in July 2003. Another man who was convicted had lain in wait for a burglar on commercial premises in Cheshire, beat him up, threw him in a pit and set him on fire.
All good clean fun, eh?
I also notice that climatologists at this big conference are discussing the likelihood of the Gulf Stream shutting down. This would mean lots more white Christmasses, not to mention white Halloweens and white Easters.[1]
Another interesting point here. You'll notice that the defendant was clearly delusional at the time he committed the crime, but chose to plead guilty rather than try for an acquittal based on this. Very sensible course of action, actually.
[1] OK. Possibly a slight exaggeration. It would definitely mean glaciers would start forming in Scotland, though.
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Date: 2005-02-02 04:46 pm (UTC)no subject
Date: 2005-02-02 04:51 pm (UTC)no subject
Date: 2005-02-02 05:36 pm (UTC)Fortunately the climatologists predicting 11 centigrade of global warming should cancel them out -- hoorah!
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Date: 2005-02-02 07:53 pm (UTC)no subject
Date: 2005-02-02 07:55 pm (UTC)no subject
Date: 2005-02-03 10:25 am (UTC)no subject
Date: 2005-02-03 10:55 am (UTC)no subject
Date: 2005-02-03 11:05 am (UTC)There is archaelogical evidence that the gulf stream has switched on and off in the past, in as little as 20 years IIRC. I think there was also evidence linking those events to large lumps of ice breaking free into the North Atlantic.
It's been a whlie since I saw the program, so the details are a bit vague in my mind. But it certainly seemed to paint a fairly detailed and plausable picture. But then I'm not an enviromental scientist so am perhaps easier to convince :o)
I was hearing just yesterday (on the Today program) as well that scientists have found that ice breaking away from the edge of an ice sheet actualy accelerates the movement of ice from the interior of the flow to the edge, so the increase in water levels (and presumably the amount of fresh water melting into the sea) is happening faster than was previously predicted.
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Date: 2005-02-03 11:08 am (UTC)I wouldn't say I was an "environmental scientist" -- I occasionally get to conferences with environmental scientists there but that's the best I can claim on that score so this all should be taken as just the vague wibblings of someone wanting to actually see something more rigorous in the area.
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Date: 2005-02-03 01:00 pm (UTC)no subject
Date: 2005-02-03 01:38 pm (UTC)no subject
Date: 2005-02-02 07:38 pm (UTC)no subject
Date: 2005-02-02 07:52 pm (UTC)no subject
Date: 2005-02-03 10:24 am (UTC)The existing laws do work, and as you point out most of the cases where someone has been prosecuted for excessive force in defence were pretty open and shut. I think the wibble about changing the wording to 'grossly disproportionate' would have no practical impact on the application of the law, it just sounds good.
On the other hand, whatever the realities of the application of law, the general public has got it into thier colletive heads that if they stand up to a burglar they could be in trouble. That is not good and has various negative ramifications.
By putting on an information campaign to let people know that they will not be expected to make fine legal distinctions in the heat of the moment, and in nearly all cases will be given the benefit of the doubt (there isn't much doubt in lying in ambush for someone with a shotgun), they are dealing with it appropriately, as changing the law would just be a waste of parliamentary time.
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Date: 2005-02-03 01:02 pm (UTC)Absolutely. People have to be able to feel safe in their homes, and need to know that they can defend themselves. I don't know quite how we ended up with the current perception, but it has to be changed.
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Date: 2005-02-03 03:09 pm (UTC)He was not the innocent victim of unfair justice, but was made out be one by press headlines. Many people didn't bother to read the detail, just the headlines and soundbites beneath photos. It rather ecapsulates the whole way political issues work these days. (Insert irony about New Labour having to deal with the results of spin)
To be honest I have a certain sympathy with the view that if someone breaks into your home they have no protection in the law (i.e. how it works in America), the obvious answer being to not break into peoples homes. But our legal system doesn't work on that basis and there are many risks inherant in that approach (specificaly mistakes although that is less of a risk when you dont have firearms).
The kind of cases the press has highlighted aren't event good reasons to change things though.