Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

Why does it seem to me that the law is on the side of the perpetrator and not the victim?
Find answers to your legal question.





Why does it seem to me that the law is on the side of the perpetrator and not the victim?

Someone I know tried to help a lady in distress one morning on his way to work. She was drunk and these guys in a car were trying to drag her into it. The good samaritan tried to help the lady by kicking and punching the abductors and attempting to get her away. In his anger at how the lady was being treated, he said a few racist things. The police were called by a member of the public, who arrested him and cautioned him for race hate. The abductors got off with no charges. The lady who was in trouble was too drunk to give plausible evidence, so the case was dropped, even tho' it happened in a built up area and several witnesses came forward saying they saw the incident from their windows. Justice eh?


    




kathy059
Rating
It is political correctness disease. The whole country is infected and there seems to be no cure.

I'm glad I haven't caught it.


gorglin
Rating
The law is unequal with respect to the rights of the victim,
the biggest problem is that criminals and perps use every
conceivable way to messy things up and muddy up the
waters, to win a case they can be darn right underhanded......

When they get caught they throw all sorts of rubbish in the
way of their conviction, and many hours are lost in trying
to get some dirtbag into a courtroom and to prison..................


♀Sweet ♥
You can do anything you like to anyone you choose in this country, but only if you're not a white native English person.


bamafannfl
It's called "The Criminal Justice System" right? So criminals can get justice..right. You should rejoice in the 6 months or so they get for killing your family or friends.


Steve M
The hateful, abusive Human Rights Act which refers to the 'rights' of the perpetrator.

How to vote at the next election? I just don't know.


hevs
There was an episode of Panorama this week about whether or not you should intervene if you see some criminal activity (or something such as is mentioned in the question). The general advice was, don't, the risks are too great.

There is no excuse for violence or racism but I think what's worse is that none of the three abductors was called in as well. Surely in order to undertake a comprehensive and full investigation the police should have arrested all members involved (after all, it's never easy to discern initially what's happening when a scuffle is involved. It sounds like to me that's exactly what happened when a member of the public called the police - they may only have seen the guy punch and kick the other guys, without seeing the perpetration of this action)?

This country's so on edge with regard to racism at the moment, that any sign of it and the authorities have to be seen to come down hard. Sad but true, and a sign of our times.


mpblackbelt
You have to remember that in the criminal justice system, the victim has no rights. That is why it is the state pressing charges, not the individual. There are several safeguards to make sure innocent people don't go to prison. However, those same safeguards also make it difficult to prosecute. Over 80% of criminal cases are done away with by plea bargain. That is why you hear of someone getting a small amount of time for what seems like a horrendous crime.


Beau R
The original intent of the law was to protect the rights of the accused perpetrator, so as to make sure that he was treated fairly. This concept has been abused, in the light of political correctness. In most cases the fact that the victim is a victim is forgotten, and in some cases the victim is made to feel like the criminal. A good example is a women who is raped. The usual thought is that "she was asking for it." She is made to feel like the criminal and the perpetrator is treated as a victim


gadmack2000
Rating
Political correctness is the enemy of common sense and it is ruining the world. He should have known better than to use racist jibes because in this politically correct regime, nobody gets away with that. Human Rights activists don't help either, protecting the rights of criminals.
As I see it, In an ideal world once you commit a crime you should waive all of your rights. But that will never happen..


Pit Bull
Are we in this country forgetting that unless there is adequate proof then an accused person must be presumed innocent?
It will be a sorry time when you have to start proving your innocence of a charge. That will be the time that real anarchy will have taken over.


jtaylor
its called "secular progressiveism" or "restoritive justice", look up both terms and find that they are both supported by most liberal democrats and all of the far left.

the edge: It is not the police officers it is the liberal judges, and the lawerys who allow this to go on and on.


bilbotheman
It seems that everyone is scared of being dubbed Racist, and yet that is how a lot of wars have been fought in the past. England and France and the hundred years war being a prime example. I would doubt zealots in either country were called racist at the time. You fought for your own country against another race. It's only become a colour issue because of the hangover from the days of slavery.
I am not racist but I feel happier amongst my own race. I have no problem with different religions, providing others beliefs are not rammed down my throat. Please let me live my life in the way I wish to, that is without hurting or offending others. If I attempt to help another person don't hold it against me, give me support. Don't be afraid of prosecuting those who do wrong because of the colour of their skin......that is racist!!!


Rebecka
Rating
The people have been saying the Law is an @ss for the past 300 years. Tragic it has not changed!


joeanonymous
The system is designed to give the fairest and most equitable process to the offender. Attention to victim's rights is catching up but at a slower pace unfortunately.
For example, for many years, we as police officers have had to read someone their rights when arrested and if we didn't we would be called to task immediately. Only just this year has the process of informing victims of their right to provide a victim impact statement at an accused's sentencing been made mandatory for police officers. We are now required to put in a form with every arrest brief that states that we have informed the victim and if we don't a supervisor will make sure it is done.


theedge62
Rating
Who knows how the law works. I know that police make up their own rules as they go along. We are suppose to be innocent till proven guilty but, think about it we are not. We are guilty until proven innocent. They first charge us with a crime and then we have to hire a lawyer to get us off. Right there that is guilty and we have to prove our innocents. Most likely they didn't want any racial mess to come of this in their departments. They couldn't handle that kind of situation so they let the abductors off and the victim was the law breaker.


nat
well thats because the preps have more rights then anyone else and the vic has none but hey thats justice........right


Information Police
Rating
BS


Mickey F
Rating
Thats why you shouldn't get involved, instead you call the Police!!


TCSO
Rating
First, it is important to remember that our system values fairness for the accused as much as it values justice overall. Fortunately or unfortunately, this helps protect those falsely accused, although this sometimes means guilty people get off easy.

The police probably arrested your friend because they know for a fact he kicked and punched others and it was unclear whether or not he was justified in using force. Besides, self-defense or justified defense of a third person is something you prove in court, not to the police on the scene. Regarding the racist comments, that's just something he needs to figure out how to stop. If such things are not part of your vocabulary to begin with, you don't have to worry about them coming out at the wrong times.

Regarding the case being dropped against the others, this is normal in cases where it is unclear what happened. In order to be prosecuted, every single law as certain elements of the offense that must be proven in order to get a conviction. While a crime may have been committed, that does not mean it is provable in court. Besides, your victim is unsure what was going on since she was drunk and a defense attorney would go after that on the stand. The many witnesses you say were available might be able to testify to the fact that it appeared she was being dragged into a car, but that does not necessarily lead to kidnapping. What if my friends and I have a female friend who tends to get drunk and runs into oncoming traffic every weekend. She wants to go running in front of cars but we want to stop her. So for her own protection we try and drag her into our car as she screams out, "No, let me go!" Sure would look bad, but there was no kidnapping.


girlborofan
Rating
I had money stolen from me at home by a woman. She came back a few days later to steal some more. I called the police and kept the line open. She admitted taking the money from me and said she needed more for her habit. The phone operator said she heard the comments and they were on record. There was a lone policeman nearby, but they wouldn't send him round as lone officers don't get sent to an assault in progress. They sent a car from the station 10 miles away. When the police arrived they let her walk away saying that knew where she lived and they could pick her up anytime. They were more concerned with interrogating me as to why I had so much money than dealing with the crime and the criminal. It transpired that she'd committed many previous assaults, including against the police, social workers and a judge! Nice woman! Needless to say I heard nothing about her being taken to court, nor did I get my money back or compensation for the assault.


Ronnny321
LAWYERS!


SGT. D
Rating
I think you are confusing Criminal Law with Civil Law. I don't know about other countrys, but here in the States, Criminal law is when a crime has been committed against the state, civil Law is when a crime has been committed against a person. The two get confused since when an assault has been committed it is seen as a crime against a person and the state. Criminal law is only worried about the crime in question and due process of the perpetrator of the crime that was committed against the State. The Victim in Criminal court is only the catalyst of the crime. The emphasis in Civil Court on the other hand is with the crime against the victim and not the state. police do not impose Civil Law and Unfortunately, Civil court does not impose incapacitation as sentence, only monetary value as punitive punishment.This was done to abolish "debtors prisons". Personally, I believe that a Civil court should be able to hand out punitive incapacitation sentences if the Perpetrator can not afford to pay punitive damages. Of course this would bring back the "debtors prisons" but so what, I pay all my bills.


Terry Z
Rating
The law system we have is called THE CRIMINAL JUSTICE SYSTEM. That is because it seemingly is in defense of the criminal not the victim. You never here of a court case where they are overly concerned with the victim, they just want to make sure the suspected perp has his rights.


karyn d
Because we live in times which first must be politically correct and that means that we value the perpetrator first


Tom M
If you watch Law and Order the answer came from ADA McCoy. Defense Attorneys (and the ACLU)" use the Constitution as a shield for the criminal rather than as a sword for the victim". I think in today's liberal society that says it all.


Veritas
Rating
Whoever called the police should be thrashed. In the minds of the Police, common sense has been overtaken by laws that even they don't understand how to apply.


peter k
By the definition the law should be on the side of the suspect if you are truly innocent until proven guilty





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Do you think the mc canns have killed there little girl?
do you think they have killed there little girl or is the police just doing what they are good at and thats sending the press on a road to no where... if the police have got evd of the girl then they ...


 What is the best way to beat the breathylizer? Does menthyl cough drops screw it up? I live near bars.?
...


 Why is it illegal for adults to drink in public?
...


 Do prisoners have it too easy?
I was shocked to hear that cabinet minister David Blunkett recently said that Britain's prison population has been ballooning over the past ten years.

How disgusting that convicted ...


 Can dogs who chase cats be prosecuted under the new hunting laws?
And what should the punishment be?
Additional Details
With respect, London Lady, that's an entirely unimaginative answer....


 Why can an illegal immigrant get by with breaking laws while US citizens are expected to abide by them?
Aren't people concerned that this unfairness is going to cause people to take the law into their own hands?
Additional Details
To: "Looking for the REAL answer"
Of ...


 Is it possible to be pulled over if you were drunk and riding a bike ? what about a horse ?
...


 Best way to deter burglars?
Just interested what everyone else does.

Alarm
Camera (webcam etc)
Extra Locks
Large Dog
Empty threats (dummy burglar alarm box, dummy cameras, signs etc)
Lights ...


 What do you think of execution?
Should the people exucted or they shouldn't be....


 How am i supose to get this guy arrested ?
This guy I am talking about is a felon which means he is not allowed to have a gun .he got caught in front of a county sheriff with a gun the sheriff has not charged him with any thing it has been ...


 Is it dishonest shallow and WicKeD to answer serious questions in a stupid irreverant slightly annoying yet...
somewhat humorous way? ?...


 Can a police offcier search your car...?
When you get pulled over for speeding, can a police officer legally search your vehicle for anything? What are the limitations for searching a car without a warrant?...


 Doesn't more guns mean more voilence in the street?
Can't you people see that?...


 Just got my first speeding ticket...is there any way to get out of this?
i was driving on a highway and a state police officer pulled me over for speeding, going 81 in a 65...is there any way for me to get out of this, (maybe the fact that everyone else was going the same ...


 What do YOU think of the death penalty?
I completely agree with it. I'm proud to be from Texas, where if you kill someone, we'll kill you right back.
Additional Details
So, some of you mean to tell me, that if ...


 My boyfriend wants to be a cop?
My boyfriend of one year has decided that he wants to be a state trooper (we live in Alaska). He will basically be able to stay at home for a year, until training starts. Then for more than a year ...


 Can a person say anything to a cop? even if it's curse word?
...


 Where are the police when you need them?
Yobs rule the streets because the ploice are ...


 If someone breaks into your house...?
If a burglar breaks into your one-story house at night (and, assuming you own a handgun), is it an overall smarter idea to try to sneak around in the dark and shoot him (assuming you're tactical)...


 Can prisoners be used to pick up litter?
There seems to be more and more rubbish littering the countryside. We could pursue the cretins who do it with firearms and hunting dogs but, less controversially, why can't some of the ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.084