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Is jailing 70/80/90 years old people contrary to natural justice in a modern scoiet

jojoenojojoeno Posts: 1,842
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After Rolf Harris I have rarely seen courts actually jail elderly men and never elderly women. I find that jailing the very old and infirm pointless and not the best advert for
justice and its objective of rehabilitation of the offender/s .

I am concerned at the way the old are now seeming to be given hefty sentences which goes backwards in terms of sentencing guidelines.

Old people given these sentence's nearly always die in prison or get so ill in prison that they are released only to die shortly after release.


There will be an appeal at the Harris tariff
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    [Deleted User][Deleted User] Posts: 11,313
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    What's the alternative? If someone hides a crime until their 70th birthday they get to never be convicted or punished? Age bears no relation to the purpose of punishment.
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    contrariancontrarian Posts: 1,475
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    yes lets reward them for nearly getting away with it...
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    d'@ved'@ve Posts: 45,530
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    contrarian wrote: »
    yes lets reward them for nearly getting away with it...

    There's an argument for slightly lower sentencing though, as in the case of teenagers. This is because some of the reasons for sentence setting may not longer be valid at a very old age (the risk of re-offending and public safety for example). Maybe that's already done via sentencing guidelines?

    Depending on what the crime is, of course.
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    Seamus SweeneySeamus Sweeney Posts: 3,997
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    I know what you mean.

    Those whiny victims, need a good shake and stern telling off for those silly feelings which they've carried around for years..*tsk what's wrong with them honestly, wanting justice against an infirm old man..or woman...(*rollseyes)

    Trust me, compared to the majority of the world, our establishments are virtual liberal leaders. In the US, for example (and there's way stricter countries across the globe), these people would be looking at decades long sentences irrespective of age, and in most states handcuffed in heavy irons..even leg irons.

    Harris is just lucky he was caught and sentenced here if anything.
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    Jol44Jol44 Posts: 21,048
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    I'm not sure what the alternative answer is, but locking up very old people who are no longer seen as a threat to the public seems quite evil in itself.

    As said though, what's the alternative.
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    annette kurtenannette kurten Posts: 39,543
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    i think it IS the best advert for justice.

    anything else sends out the message that if you can conceal your crime for long enough you can get away with a lighter sentence, please explain how that is justice.

    edit: it could also prevent victims from coming forward.
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    Blondie XBlondie X Posts: 28,662
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    It's just a shame they weren't caught sooner and got to spend their years in prison while they were still young and healthy. At least then they would have come out to face the consequence of their actions
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    contrariancontrarian Posts: 1,475
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    I think if they are over 70 they should be shot in the back of the head with a pistol and incinerated.
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    jojoenojojoeno Posts: 1,842
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    Odd Socks wrote: »
    What's the alternative? If someone hides a crime until their 70th birthday they get to never be convicted or punished? Age bears no relation to the purpose of punishment.

    There are loads of alternatives for Judges to consider in cases like these and most good judges always come up with suitable punishments .I think because of these high profile cases Judges are literally shit scared to consider anything else for fear of their own careers and media attention.
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    1Mickey1Mickey Posts: 10,427
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    In some of these cases it seems silly (and expensive) to put people in prison who are on their last legs and clearly couldn't be a threat if they tried but really I guess it should be more about the psychological needs of alleged victims than the probable cost running into the hundreds of thousands when it comes to looking after people like that in prisons.
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    annette kurtenannette kurten Posts: 39,543
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    a free bus pass is what you should get with age, not an excusal from proper justice pass.
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    bryemycazbryemycaz Posts: 11,738
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    Force them to live in care homes. Some of them are like prison.
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    cessnacessna Posts: 6,747
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    So the former Jap prison guard officer who cut off the heads of British soldiers whose crimes were attempting to escape - when arrested and charged some 50 years later should not be imprisoned after having been tried and found guilty.
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    too_much_coffeetoo_much_coffee Posts: 2,978
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    I think that Rolf Harris has got away very lightly for ruining so many lives. I don't care if someone is 18 or 81 - if they've commited a horrendous crime against another human being then they should go to prison.
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    D_Mcd4D_Mcd4 Posts: 10,438
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    If Rolf Harris has a terminal condition and he only has months left to live then of course he should not be jailed.
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    Seamus SweeneySeamus Sweeney Posts: 3,997
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    Is it national 'wind up' day ?

    So...*IF* these let's not lock them up measures were to be instilled for folk over a certain age, then what ?

    You wait until you are 70..or 80..and then just carte blanche break the law without fear of reprisal ? The sex offenders in particular would suddenly start living very healthy lives and buying calendars so as to mark off the days.

    And as for the passage of time. It might be historical in terms of the law, but for the victims such trauma never lessens. A 'good judge' would have the power to sentence someone who abused a child to natural life behind bars - however old they were at the time of the offence, and no matter how long ago.

    As for the cost ? I suspect if polled, the majority of the British public would vote for their taxes to be directed towards such a policy - even if meant petrol at the pump jumped 5p a litre instantly to cover it...and a lot more I should think.
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    d'@ved'@ve Posts: 45,530
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    Is it national 'wind up' day ?

    So...*IF* these let's not lock them up measures were to be instilled for folk over a certain age, then what ?

    You wait until you are 70..or 80..and then just carte blanche break the law without fear of reprisal ?

    That's not what people are suggesting though, is it.
    cessna wrote: »
    So the former Jap prison guard officer who cut off the heads of British soldiers whose crimes were attempting to escape - when arrested and charged some 50 years later should not be imprisoned after having been tried and found guilty.

    That's not what people are suggesting though, is it.
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    tim59tim59 Posts: 47,188
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    jojoeno wrote: »
    There are loads of alternatives for Judges to consider in cases like these and most good judges always come up with suitable punishments .I think because of these high profile cases Judges are literally shit scared to consider anything else for fear of their own careers and media attention.
    I am more botherd about justice for the VICTIMS, crimes like this should always be a prison sentence no matter of age
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    Seamus SweeneySeamus Sweeney Posts: 3,997
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    d'@ve wrote: »
    That's not what people are suggesting though, is it.



    That's not what people are suggesting though, is it.

    ..errrr it seems to be very much what is being suggested right from the first post. My linguistic and cognitive skills whilst far from genius level, easily identified that that is precisely what is being inferred here.
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    dosanjh1dosanjh1 Posts: 8,727
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    i think it IS the best advert for justice.

    anything else sends out the message that if you can conceal your crime for long enough you can get away with a lighter sentence, please explain how that is justice.

    edit: it could also prevent victims from coming forward.

    Agreed, the best way to get a lighter sentence is as always - admit guilt when guilty.
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    [Deleted User][Deleted User] Posts: 11,313
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    jojoeno wrote: »
    There are loads of alternatives for Judges to consider in cases like these and most good judges always come up with suitable punishments .I think because of these high profile cases Judges are literally shit scared to consider anything else for fear of their own careers and media attention.

    So we should reward[\i] those who hide a crime for decades because they weren't found out before they were 'too old'?

    In this make believe scenario, 2 men commit the same crime on the same day. Man A is apprehended immediately and is sentenced, man B gets away with it as such for twenty years, and gets a lesser sentence.

    How is the above justice or fair to either the perpetrators or victims?
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    Janet PlankJanet Plank Posts: 10,252
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    In the case of very old, rich, men like Rolf Harris, take away their millions and put the money to a good purpose. Living life in poverty, with everyone knowing what they have done, would be sufficiant punishment for them at their age .
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    pianofortepianoforte Posts: 630
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    So how would this work in practice Op ?

    At 69 years old i can go to jail but 1 min after my 70th birthday i don't.

    seems a good system.....
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    d'@ved'@ve Posts: 45,530
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    ..errrr it seems to be very much what is being suggested right from the first post. My linguistic and cognitive skills whilst far from genius level, easily identified that that is precisely what is being inferred here.

    The O/P isn't written clearly but what I suspect he's suggesting is that some of the reasons for giving a high sentence to say a 30 year old may not be applicable by the time that same person is say 85. That's what I mean, anyway.

    Here are the aims of giving a sentence, listed by the sentencing council:
    A sentence aims to:
    Punish the offender
    Punishment can include being jailed, having to do unpaid work in the community, obeying a curfew or paying a fine.
    Reduce crime
    This means both preventing the offender from committing more crime and putting others off from committing similar offences.
    Reform and rehabilitate offenders
    A sentence also aims to change an offender’s behaviour to prevent future crime. One way of doing this could be to require an offender to have treatment for drug addiction or alcohol abuse.
    Protect the public
    A sentence aims to keep the public safe from the offender and from the risk of more crimes being committed by them. This could be by putting them in prison, restrictions on their activities or supervision by probation.
    Make the offender give something back to people affected by the crime
    This could be, for example, by the payment of compensation or through restorative justice. Restorative justice gives victims the chance to tell offenders about the impact of their crime and get an apology.

    It is up to the judge or magistrates to decide how much weight to give each factor in the case they are dealing with.
    If for certain crimes one or more of the above no longer apply, but did apply when the offender was 50 years younger, there may be a valid reason to give a different sentence now than then. But it's for the judge to decide on that and some of them may well do it most of the time. However, the suspicion is that in high profile cases, judges are scared to lower sentences because of public uproar as expressed in threads like this... and if so, that is wrong.

    And of course, sentencing then may be different from sentencing now and judges should not IMO attempt to circumvent that except in exceptional cases e.g. where a sentence is now lower.

    I have no idea if any of the above should or does apply to Harris, I'm speaking generally. The judge's sentencing comments when published will probably explain all.
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    [Deleted User][Deleted User] Posts: 2,821
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    They should do as much time as any one else would. Its a dangerous thing, picking and choosing what sentences people should get based on age, next it could be colour of skin, nationality or religious affiliation - if that was the case, would people be so passive in saying "oh he shouldn't get that harsh of a sentence."

    People go into prison at a young age and die in there, its no new thing, has happened for years before, and will happen for years ahead.

    Sentences need to consistent regardless of the characteristics of the criminals.

    And for the record it is a crime in itself how easily Harris got off, he should rot and die in prison, he'll be out in two years. Disgusting. Another shameful sentence, but what would we really expect from Britain?
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