Tuesday, December 09, 2014

The "rule of law" should be suspended for people we dislike

Here:

Responding to the ruling NSPCC Wales head of service Des Mannion said: "It is extremely frightening that a child rapist described as 'very dangerous' and unrepentant has been released back in to the community due to what seems like a legal technicality surrounding the timing of the offence."

This is increasingly common, not least amongst the Richard Murphy tendency.

Discuss.

As a starter, in my opinion, it is bad enough that the law is as complex as it is. The average punter has nothing expect the increasingly vague moral framework we inherit from our environment (and, of course, mandatory testing on the Road Traffic Act) to determine what is actually legal. Professionally, I have corrected senior counsel on their interpretation of the law (albeit it in a field of professional and personal interest) - and I have had fewer law lectures than I have had stats ones. And, to their credit, they admitted (after lunch) that I was correct.

If we require people to obey the law as it might be framed in the future?

This has nothing to do with whether the appropriate sentence for a specific (or any) rapist should be less than the statutory maximum - which is life.

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