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  #21  
Old 23-12-2017, 12:30 PM
AndrewJ
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Gday Alex
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Make it illegal to disclose such to the public
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Free speech is not at risk.
I think my reply was quite rational
I agree you dont sensationalise it, but you dont censor it either

Andrew
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  #22  
Old 23-12-2017, 01:02 PM
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Gday Alex



I think my reply was quite rational
I agree you dont sensationalise it, but you dont censor it either

Andrew
I think your reply well considered and rational and I hope I did not give any impression otherwise.

alex
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  #23  
Old 23-12-2017, 01:33 PM
Tropo-Bob (Bob)
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Originally Posted by Wavytone View Post
Barbaric acts deserve a barbaric deterrent. Our present justice system is far too soft IMHO.

There’s a reason why a sense of civic behaviour was instilled into the English over several centuries - the punishments meted out for crimes were draconian and included public flaying or being slowly drawn and quartered - live - with the head placed on a pike to remain on view for several months as a reminder of the fate that awaits others should they be caught.

Hanging or executions were relatively mild in comparison to what the English justice system once dished out.

Should be brought back IMHO where there is no doubt who the culprit was; Martin Bryant for example.
Drawn and quartered was mainly for treason and grievous offences against the Crown. In this day and age, it probably would have happened to Murdock for bugging and reporting the mobile phone conversations of Prince Charles and his mistress. Hmmm.

There were other non-English punishments in this league: Crucifictions for example or simply impaling on a sharpened stick/post and left to die in agony over several days.

The general, English Public used to have a taste for barbaric executions, but after seeing too many, sympathy arose and juries in England started to find people not-guilty of crimes simply because they viewed the punishment as being too harsh. Could You imagine an Australian Jury finding the pretty, drug-runner Corby guilty in Australia, if the punished was as harsh as the Indonesian judicial system?

In this day and age, it was alarming to see how many people on Death Row were released in the USA when the wonders on DNA proved their innocence. In previous centuries, how many innocent "Witches" were drowned or burnt alive.

So yeah, a bit of caution still needs to apply here.
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  #24  
Old 23-12-2017, 01:50 PM
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AussieTrooper (Ben)
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Originally Posted by xelasnave View Post
You make a large leap to say I pretend it does not exist and hope it goes away.
You said that you had trouble calling it a terrorist attack, when that is clearly what it is. You seem not to want to publicise, nor name it, and it is a fair assumption that you don't want it to happen again. If that's not "ignoring it and hoping it will go away", I'm not sure what is.

The key is the intent, and he has made his intent clear. The drunk driver analogy is not a good one. Drunk driving accidents are just that. Accidents.
This is why our law differentiates between murder and manslaughter.

You cannot solve a problem without acknowledging it. For years the fact that there was a growing radical islamic portion of our society that would inevitably lead to terrorism was not acknowledged. Those daring to even suggest it were howled down. Well, it's a bit late now.

Not shining light on the facts of any incident just leads to others doing so instead, usually with their own political spin to it. If the media doesn't cover it properly, someone else inevitably will. You'd be attempting to hide the motivations of someone who tried to kill people on Melbourne's streets, and you wouldn't even succeed.

So, no. I do not think there is merit in your approach.
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  #25  
Old 23-12-2017, 01:55 PM
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Could You imagine an Australian Jury finding the pretty, drug-runner Corby guilty in Australia, if the punished was as harsh as the Indonesian judicial system?
I wonder how often the AFP allows drug runners to be picked up in Asia rather than here, knowing the slap on the wrist they'd get in Australia, compared to the rather more severe punishment they get in Asia.
Asian police LOVE parading around foreigners that have been caught with drugs. Criminal get's proper jail time, international co-operation goes well, lower cost to imprison in Asia, local police force and politician get good PR.
(Sorry for off topic post)
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  #26  
Old 23-12-2017, 02:23 PM
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csb (Craig)
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Severe mental illness has been around for ages. But in the past it was not common for people with severe mental illness to commit these type of crimes.

So why are people with mental illness randomly attacking and killing?

1) There is an upsurge in anti-social behaviour and violent crimes against strangers with many incidents not related to mental illness. So I think these people with a mental illness feel free to commit outrageous acts of violence and then use their schizophrenia (or insert relevant diagnosis) as the reason for committing the violence. Surely it is easy to hide behind a diagnosed mental illness. So really these people have committed a crime.

Or

2) People are being afflicted by mental illness that is much more debilitating and disorienting than in the past. This is certainly a possibility with the prevalence of drug abuse which itself directly causes mental illness. Also society has changed so much in the last century. Has society come to a point that it exacerbates mental health issues or even causes it?
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  #27  
Old 23-12-2017, 02:48 PM
Wavytone
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Or

3) they are not mentally ill at all, and are gaming the system - ie claiming mental illness - with the aim of avoiding the consequences that would normally follow.

Personally however imho a person who commits this kind of act is not sane - certainly not rational.

However in circumstances where it’s quite clear what they have done and there is no doubt about guilt I just don’t see the point in incarcerating them at public expense and capital punishment should be applied.
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  #28  
Old 23-12-2017, 04:01 PM
clive milne
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Maybe if NATO and it's allies stopped bombing muslim countries, stopped destabilising their economies and stopped arming and training fundamentalist terrorist organisation across the middle east (and elsewhere) ... you know those guys we label freedom fighters... maybe, just maybe, they might stop being angry at us.

fwiw) The US, acting on behalf of multinational corporations (and banks) has killed somewhere between 20 to 50 million innocent civilians in its (mostly) illegal wars since the end of WW2. (Would you like me to list them?)


Just one example... see if you can rationalise this:
The second gulf war is now proven to be based on deliberate lies. There was no justification for it... somewhere between 1/2 and 1 million children died.. The only chemical weapons Iraq possessed were the ones we sold to them... In response we drop 10's of tonnes of radioactive waste (in the form of depleted uranium) in to their streets, their fields and their water ways. We destroy their social infrastructure, their sanitation, their hospitals, their electricity grid, their roads and their bridges. We let the multinational wolves steal their natural resources and crush them with punitive sanctions that result in the deaths of millions (mostly children).
We then fund and train wahibi jihadis and set them loose in the region.

And this is just one out of dozens, we in the west from our ivory tower of faux morality have chosen to bomb back to the stone-age ~for profit~... there is not even a fig leaf of legitimacy to our actions.

So tell me again who the real terrorists are?

Hypocrites!

Last edited by clive milne; 23-12-2017 at 04:13 PM.
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  #29  
Old 23-12-2017, 04:05 PM
AndrewJ
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Gday Craig
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So why are people with mental illness randomly attacking and killing?
Whilst not valid in all cases, a lot of these sorts of people were locked away in the old days. Also, it would be interesting to see any evidence of how much of this is also brought on by how the cheap but potent drugs now on the streets can affect their minds????

Quote:
they are not mentally ill at all, and are gaming the system
I suspect others are gaming the system as well ( but for profit ), so its a symbiotic relationship.
ie re the nutter from Bourke St.
The judge cracked the sads a week back because (its reported) the psychiatrists/psychologists/whoever else, can't make up their minds on if hes fit to stand, and the police are holding back because they only have 900 witnesses and 6500 pages of evidence.
If the latest reports are correct, the prosecution has over 1100 pages of medical info to analyse on whether he is fit to plead.
Gimme a break

He was filmed doing it and captured at the site.

All it takes is one page with one line on it
a) Hes a nutter and needs to be locked up
b) Hes fit to stand, get on with it.

Who is making a profit writing all this fluff in the background??????

Andrew


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  #30  
Old 23-12-2017, 04:21 PM
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Originally Posted by AussieTrooper View Post
You said that you had trouble calling it a terrorist attack, when that is clearly what it is. You seem not to want to publicise, nor name it, and it is a fair assumption that you don't want it to happen again. If that's not "ignoring it and hoping it will go away", I'm not sure what is.

The key is the intent, and he has made his intent clear. The drunk driver analogy is not a good one. Drunk driving accidents are just that. Accidents.
This is why our law differentiates between murder and manslaughter.

You cannot solve a problem without acknowledging it. For years the fact that there was a growing radical islamic portion of our society that would inevitably lead to terrorism was not acknowledged. Those daring to even suggest it were howled down. Well, it's a bit late now.

Not shining light on the facts of any incident just leads to others doing so instead, usually with their own political spin to it. If the media doesn't cover it properly, someone else inevitably will. You'd be attempting to hide the motivations of someone who tried to kill people on Melbourne's streets, and you wouldn't even succeed.

So, no. I do not think there is merit in your approach.
Well thanks Ben for at least considering my suggestion.

I still reject your notion that somehow what I suggest is ignoring the problem and hoping it will go away.
I would have thought a suggestion to take the thunder away from these folk in itself recognised that there is a problem. and certainly an attempt to do something to counter the terrorist.


I am well aware of the difference between manslaughter and murder and certainly the key issue is intent. You want to beat a murder conviction simply say when arrested "I did not mean to kill him" and if you stick to that the prosecution really does have their work ahead of them.

I recall a old case, evidenced by the fact in went to the Privy COuncil on appeal where a chap turned up at the victims door and shot the victim dead.
He nearly beat the murder charge by insisting he was only there to frighten the victim and the gun went off by mistake.
What nailed him was that he threw the gun over board on the Manley Ferry which supported the prosecutions case that it was not an accident.

What difference does the public knowing intent make?
It can only do what I suggest. Giving publicity and putting copy cat ideas into the head of another nutter.

I still see no reason to present that intent anywhere but in court in support of the prosecution seeking a murder verdict.

I dont seek not to acknowledge the problem, far from it my attempt is to come up with some approach that as I said takes away their motivation to commit acts presumably designed to get attention.

That is the issue.

I am not suggesting we ignore the problem, although if you disagree with my approach I can understand that could be your first conclusion.

In my view much more needs to be done as what that should be I am not sure but I do feel that by simply removing or playing down the political aspect it must have the effect of having these folk see that random acts of violence will not be of any help in promoting their cause.


My arguement need not be compared to the "inaction" you probably rightfuly suggest, and inaction is somewhat at the heart of the problem.

Too little too late maybe, but in truth I dont know enough about what the police and the Government could have done, should have done or if they did in fact ignore the trends, to offer comment.

But if one who is familiar with the goings on in the Middle East did not expect some form of push back that would be damning of who ever is supposed to manage our security.

But I agree that implementing my idea would not be easy but as I said it would be a matter for our leaders to guide the response and really they can do that you know.

Not shining a light on a situation has more chance of others not following suit I would think, whereas how many other nutters now think what a great idea it is to commit a terrorist act to make the head lines.

But as you observe it would not be easy to hide motivation but again change can happen. Folk will be less interested in a criminal act than a terrorist act.
The whole point of terror attack is to cause fear and again starving them of oxygen would seem most reasonable.

Anyways thanks for discussing this with me and thanks for remaining most civil. And dont mistake me for one of those folk who look for reasons to minimise sentencing as I would support the death penalty if it came up for a vote... for all crimes I would cure or cull.


Anyways give him a fair trial then hang him.

alex
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  #31  
Old 23-12-2017, 04:55 PM
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One more thing.

I dont notice any other trials where the motive comes out in the news.
And there is good reason for that.

Can you imagine the lawyer for the accused asking.

Where did you hear about this matter.
on the news.

what did you hear?
I heard the accussed was a terrorist and ran down people.

Lawyer. And what do you think about terrorists.

I bet that answer would have the lawyer seeking the removal of that person from the panel.

alex
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  #32  
Old 23-12-2017, 05:35 PM
AndrewJ
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Gday Alex
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I dont notice any other trials where the motive comes out in the news.
Part of me agrees with this bit, but only in the time between being charged until the trial starts. ie, you apparently can report on the motive "during" the trial, if it was brought up and answered in the trial.
You only have to listen to the likes of Faine/Epstein/Mitchell forensically interrogating witnesses down here when something happens, then going quiet once charged. ie Once charged eveyone has to forget anything they heard and once convicted/found innocent, its fair game again, but the damage has already beeen done, as google doesnt forget.
Perhaps its time to get rid of jury trials as the current social media phenomenon has completely bypassed the way the justice system works.
I always wondered why everyone but the judiciary has had to "move with the times" to get around the disruption of new technology.

Andrew
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