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Old 04-11-2009, 04:43 AM   #21
SW01
3 Years in the Lurk
 
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Join Date: Jul 2008
Location: Northern Ireland, UK
Posts: 1,075
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I think this case is another prime example of a situation in which the courts, judges and prison services will simply be unable to win. They invoke the wrath of various groups for keeping this person in prison for life without parole, yet it is almost a certainty that if a convicted murderer was to be released, and should kill again, they would all still be criticised for releasing him - 'rehabilitated' or not. There will always be that strain between Victims groups and Prisoners groups.

Incidentally, does anyone have a link to a source stating that the victim was stabbed 30 times? That CNN article reports 'stabbed twice'. Murder is still murder, of course, but I would like to know where that figure came from.

I rarely like to trust newspaper/site sources for the facts of any case - let alone criminal cases. Normally it seems that the journalist starts off with a particular goal, either to support or undermine a decision, then bends or omits facts as necessary. If defence counsel were unable to raise any basis for mitigation of the sentence (which they are all well trained and usually well practiced in doing), then in all probability no such basis, recognised by law, existed. Another thing to consider is that the majority of (competent) Judges do not generally make rash decisions on sentencing - it doesn't look good at appeal and does very little for their reputation.

Finally, it seems that Review was rejected at first instance. That seems a strong indication (without consultation of facts) that the case was properly decided, or at least was in accordance with the law. If the latter is the case, I doubt any Judge will be disposed towards overruling.



Last edited by SW01; 04-11-2009 at 01:59 PM.
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