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Cop killer uses EU Human rights law to get his sentence reduced

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Old 27 July 2008, 11:40 AM
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The Zohan
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Angry Cop killer uses EU Human rights law to get his sentence reduced

This is just disgusting that this has happened in the UK, when will the judges and politicians wake up to the HR laws being twisted and abused by scum like this

His lawyers stated that jailing him for life meaning life was cruel and unusual punishment.

He executed and unarmed and defenceless policeman

Judges give Cop Killer a reduced prison sentence. « POLICE INSPECTOR BLOG
“You had already disabled him and he was defenceless. You could have escaped then but you chose to wait and fire a second shot at point blank range. To shoot and kill an officer in such circumstances, doing no more than trying to serve us all, is an attack on all of us”
The Court of Appeal have now said that the facts of Bieber’s case, “horrifying though they were”, did not justify a “life means life” sentence, and have reduced it to 37 years.

Last edited by The Zohan; 27 July 2008 at 11:44 AM.
Old 27 July 2008, 11:53 AM
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KiwiGTI
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I think Dennis Nielsen and Peter Sutcliffe are going to be released early under these laws too.

For Peter Sutcliffe :

He was originally sentenced to a minimum of 30 years, so he could be released from prison in 2011 because the system under which his tariff was increased has since been declared illegal by the European Court of Human Rights and also the High Court. The main point of conflict is that the continued detention of Sutcliffe and other life prisoners is currently controlled by a politician – the Home Secretary – rather than by a member of the judiciary. A European Court of Human Rights hearing which opened in February 2007 is reviewing whether life imprisonment is a violation of human rights; if life imprisonment is outlawed, then Sutcliffe and all other prisoners serving such sentences in Europe would have their cases recalled to court for a new sentence to be set.

Last edited by KiwiGTI; 27 July 2008 at 12:08 PM.
Old 27 July 2008, 12:07 PM
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Leslie
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I find this sort of thing terrifying and I fear for the future.

Les
Old 27 July 2008, 12:15 PM
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warrenm2
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How about we leave the EU then?
Old 27 July 2008, 03:22 PM
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exvaux
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so what the hell does justify a "life means life" sentence
Old 27 July 2008, 03:42 PM
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rik1471
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Why is it called life?

Also, these lawyers are scum.

Last edited by rik1471; 27 July 2008 at 03:49 PM.
Old 27 July 2008, 03:55 PM
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HR Law was put in place for a good reason & now seems to be getting abused on a daily basis. It needs to be altered so that crims like this chap can't get out of serving the sentance that they should. Scary

The lawyers that defend these people are the scum of the earth too though ...

TX.

Edit - just looked at the link - this fella was a hitman wasn't he, if memory serves me correct?
Old 27 July 2008, 07:56 PM
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BuRR
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So he'll be deported back to the US on his release?

I doubt it, as he was on the run from there, wanted for murder I believe, and I *think* it was in a state that supports the death penalty; SO...... he's going be staying here as our lot won't deport anyone to where they may receive capital punishment.

I know certain facts about this case that weren't disclosed.... when laws allow people such as this to manipulate them, I too fear what this country has become.
Old 28 July 2008, 08:34 AM
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ritchie21
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Why is it that the lawyers are the scum of the earth??

That makes me so angry! Just because we take on cases like this doesn't mean that we have to agree with everything about them. I have defended many people who I dislike and whose actions I abhor, but I have a job to do and that's what I do. We have what is known as a cab rank rule which means that like in a taxi queue, you have to accept the work as it comes into your chambers.

We have strict rules on when we cannot accept instructions and they don't include a "I don't like you, what you have done and think you deserve to die so I won't defend you' option.

It's not the lawyers fault and they certainly aren't scum of the earth.
Old 28 July 2008, 09:39 AM
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PeteBrant
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He will be in prison until at least 2041, when he will be 75. If at all - Thats a long time for things to change.

As for the comment that "These lawyers are scum of the earth". That's just a ridiculous thing to say.
Old 28 July 2008, 11:21 AM
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It's not the Lawyers who brought the HRA in, if I remember a certain T Blair had a lot to do with it, it certainly made his hideous wife a lot of money.
Old 28 July 2008, 11:24 AM
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Originally Posted by exvaux
so what the hell does justify a "life means life" sentence


When a judge says so - in that case the HR Act is quite happy with it. What the HR Act objects to is the Home Secretary coming along after the event and adding time to the sentence handed down by the courts. How you feel if you got a fine for speeding and the Home Secretary decided it wasn't enough and tripled it? You'd be the first one here complaining.

And note that this guy may well spend the rest of his life in prison - thirty-seven years before he is even considered for parole - and few get it at first attempt.


M
Old 28 July 2008, 11:27 AM
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PeteBrant
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Looking into it, it seems that there is a bit of sensationalism going on here. Turns out that what has actually happened is that you cannot give out "indeterminate" sentences. So a minimum determined length of stay has to be given; In this case 37 years.

The key word here, is minimum.
Old 28 July 2008, 11:57 AM
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Stainy
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Originally Posted by ritchie21
Why is it that the lawyers are the scum of the earth??

That makes me so angry! Just because we take on cases like this doesn't mean that we have to agree with everything about them. I have defended many people who I dislike and whose actions I abhor, but I have a job to do and that's what I do. We have what is known as a cab rank rule which means that like in a taxi queue, you have to accept the work as it comes into your chambers.

We have strict rules on when we cannot accept instructions and they don't include a "I don't like you, what you have done and think you deserve to die so I won't defend you' option.

It's not the lawyers fault and they certainly aren't scum of the earth.
I agree that you can't just label lawyers "scum of the earth", but the "I was only doing my job" line has been used before by people/groups that indeed were/are scum.

I don't want or expect you to answer this, but the key question for any defence solicitor in my book is whether they actually stick to their own rules....The main one being, if you know you client is guilty, you shouldn't represent them and you certainly shouldn't advise them on the best story to use in order to get away with something.

In my experience a good deal of solicitors will do this, despite knowing of someones guilt....these are indeed the scum of the earth.

If you are not in this category, then fine, I have no problem with you or your work

/edit Oh and the "I wasn't ABSOLUTELY SURE they were guilty" line, that most lawyers use doesn't count

Last edited by Stainy; 28 July 2008 at 11:58 AM. Reason: added last line
Old 28 July 2008, 12:16 PM
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PeteBrant
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Originally Posted by Stainy
The main one being, if you know you client is guilty, you shouldn't represent them and you certainly shouldn't advise them on the best story to use in order to get away with something.
How does that work, then? You don't know if they're guilty or not until the verdict of the trial.

Originally Posted by Stainy
/edit Oh and the "I wasn't ABSOLUTELY SURE they were guilty" line, that most lawyers use doesn't count
Of course it does. Innocent until proven guilty. Thats the way it works.
Old 28 July 2008, 12:31 PM
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Stainy
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Yeah that's what most of the 'scum' lawyers say

/edit ok then, against my better judgement, I'll actually explain.....The 'scum' lawyers get told by their 'client' exactly what they did......then they'll come up with a nice story to cover all the angles and get them off.

Funnily, not a lot of lawyers ever walk out of their consultation and say they can't represent their client.

Next you're going to tell me that every client lies to their solicitor

Last edited by Stainy; 28 July 2008 at 12:36 PM.
Old 28 July 2008, 12:33 PM
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Originally Posted by Stainy
Yeah that's what most of the 'scum' lawyers say
No. It's what the law says.

By definition, you do not know if someone is guilty until they have been proven so to be. I mean thats the way the justice system workss.
Old 28 July 2008, 12:36 PM
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Stainy
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take the time to read my edit
Old 28 July 2008, 12:39 PM
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Surely all this means is that the courts have taken an "in principle sentence" and turned it into an "in effect" sentence. If he were released, after serving 37 years, he'd be 79 i.e. 7 years over average life expectancy of males in the UK IIRC.

Don't get me wrong, what the guy did was unforgivable and I'm no fan of over zealous human rights legislation that puts the rights of the criminal before the victim, but I think condemning it on the basis of this case is a bit OTT.
Ns04
Old 28 July 2008, 01:40 PM
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Originally Posted by Stainy
take the time to read my edit
Which changes nothing. I'm sure clinets do lie. But it is not for the solicitor to decide when someone is lying. That is for a judge and jury.
Old 28 July 2008, 03:24 PM
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Stainy
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Really not worth further comment
Old 28 July 2008, 06:54 PM
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ritchie21
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Originally Posted by Stainy
I agree that you can't just label lawyers "scum of the earth", but the "I was only doing my job" line has been used before by people/groups that indeed were/are scum.

I don't want or expect you to answer this, but the key question for any defence solicitor in my book is whether they actually stick to their own rules....The main one being, if you know you client is guilty, you shouldn't represent them and you certainly shouldn't advise them on the best story to use in order to get away with something.

In my experience a good deal of solicitors will do this, despite knowing of someones guilt....these are indeed the scum of the earth.

If you are not in this category, then fine, I have no problem with you or your work

/edit Oh and the "I wasn't ABSOLUTELY SURE they were guilty" line, that most lawyers use doesn't count
For one I'm not a solicitor but I'm a Barrister specialising in Criminal Law, so I can only tell you what happens my side of the job.

I have NEVER had a solicitor, nor have I, 'create' a defence for a client. My job is to advise a client what his defence may or may not be according to his instructions, but certainly not to tell him what to say. Those are not the 'rules' you talk about in any event - can I enquire as the whether or not you have read the Law Society code of conduct or indeed the Bar Council's Code for Conduct??

If a Defendant ever tells me that he is guilty of the offence but still wants to have a trial, then although I can still represent him strictly speaking, I don't. Neither do any of my colleagues. We would (and I have done so on more than one occasion) go into court and tell the Judge that we need to cease acting for the client because we are professionally embarrassed. I, nor any of my colleagues, have ever acted in a trial for somebody who has told us that they are guilty of the offence.

I and my colleagues, Solicitors and Barristers, are officers of the Court and my primary and most important duty is to the Court, not my lay or professional client. I cannot mislead the court in any way and if I did, then I would be hauled before the Bar Standards Board and disciplined.

I am curious as to whether or not you have ever actually witnessed what you allege and if you have, then you should report it to the Law Society. However, I suspect that you are generalising, largely based upon what you see in the media. The Criminal Justice programme on the other week on BBC 1 was so so inaccurate, it was cringeworthy. But unfortunately, people watch programmes like that and believe that what they see on the TV is really how it is.

A great many of your comments could've caused me offence but hey ho, I'm a big girl and I know what the truth is.

What you seem to forget is that it isn't us 'scum' who make the laws - it's the government. We can only work within the legal framework that we have had set by Parliament and if there are legal provisions that help a client, whether I want them to or not, then it is my duty to use those provisions. That certainly does not make me or any of my colleagues scum.
Old 28 July 2008, 06:59 PM
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It's about time the general public, you and I, started writing to, and making life difficult for, the Lawyers who represent these arseholes.

I can assure you that Lawyers are like Italians without the ***** .... they are cowards and don't want their name blackened.

We could end it by making sure the Lawyers concerned received the thoughts of the general public ...... !!!!

Old 28 July 2008, 11:15 PM
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I think some people have got into the mindset of "shooting the messenger" and not looking at the root problem. In this case it is the role of the HRA. If this did not exist there would be no legal basis for a defence team to work with. There would be no adjustment to the sentence. There would be no story.

The law is a framework. Solicitors and barristers operate within this framework. If there is a result you think is fundamentally wrong, then it is the framework that allowed it to happen. Nu Labour brought in this law - as they say in the US.... do the math
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