31 January 2008

Semi-serious post alert:



Lots of stuff yesterday about the high court over-turning the rule regarding a six year cut-off for legal claims for compensation (here).

I found the ruling slightly disturbing. While entirely supporting the principal of claiming compensation from someone who has committed a crime against you (I do, however, fail to see why sexual assault is a special case) - the specifics of this case raise a number of interesting points.

1) This wasn't a case where the crime wasn't reported or acted on during those six years (such as in some child abuse cases). In those cases if there is a cut-off then it should be from when the crime is proved rather from when it is committed. He wasn't sued in the allotted time period simply because he was poor and she wouldn't have won anything. While the crime was heinous, this smacks of our wonderful 'what's in it for me?' compensation culture.

2) The lottery ticket was purchased before his prison term was complete. It seems odd that a prisoner on day release is entitled to winnings from things like the lottery. Someone is sentenced to jail as the final option available to the judicial system, and as such, until the term is fully served then winnings should be either held in escrow or forfeited to the state.

3) All this ruling does is discourage any ex-prisoner from ever working again. By this I mean that our judicial system is based around rehabilitation. You do a crime, you serve the time and that is that. If it's not based on that then criminals should be locked up for life after their first offence on the principle that they will always re-offend. Since it is based on rehabilitation and the principle of innocent until proven guilty, I completely and utterly disagree that a person's future earnings are open to legal redress. If I was a recently released prisoner with nothing to my name then where's the incentive to work upon release? The moment I'd earnt anything then it could be taken away from me (if I'd had money when the crime was committed then fair do's of course, fire away compensationlawyers4u). Say I start a business, work hard, employ staff - is that really acceptable to be given to someone I wronged before that business existed? Morally I'd say no. Therefore all the newly released ex-prisoner is going to do is stay on the dole forever at everyone else's expense (and there's what, about 20,000 prisoners released every year?) I'm sure it's not the intention of this ruling but that's what will happen.


Sigh. What the world needs is a leader to sort things out and tell everyone how to behave. I nominate me :)

As an aside - I've now reached a month of no drinking. Willpower, you are my bitch now.

4 Comments:

At 31 January 2008 at 22:17, Blogger weenie said...

Well done on the no drinking.

Me, no chocolate, clothes shopping.

The shopping one is killing me but my credit card balance does look a little healthier for once!

 
At 31 January 2008 at 22:18, Blogger weenie said...

I meant no chocolate OR clothes shopping...

 
At 31 January 2008 at 23:32, Blogger Red Squirrel said...

Nice one weenie :)

 
At 3 February 2008 at 19:46, Blogger weenie said...

The chocolate ban ends at Easter but I shan't be bingeing...I'll treat myself to the Cadbury's twirl that's been in my fridge since Christmas! I then I may impose it again just to show that I can do it! ;-) Hey, it makes sense in my head!

The clothes shopping ban ends in April. I need new pyjamas!

 

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