But Was She Wearing A Hoodie At The Time?
Jun. 23rd, 2006 05:02 pmMark Stephens on The Times Law Blog on the Orgasmic Asbo granted this week in Newcastle.
I started several paragraphs but have to admit to being somewhat lost for words. I mean, what are the terms of the ASBO? "You shall not have a noisy orgasm"? Breach of an ASBO is, of course, a criminal offence.
In the mean time, Chris Bertram on Crooked Timber, and Gary Slapper and Mark Stephens (again, and rather more succinctly than Slapper) put the boot in on Blair's plans to "rebalance the criminal justice system", reminding him of this little thing called the presumption of innocence, and the difference between a suspect and a convicted criminal.
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Date: 2006-06-23 04:12 pm (UTC)"Of course there is no question of government or the police using thses admittedly sweeping powers in an inappropriate way."
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Date: 2006-06-23 05:08 pm (UTC)I'm sure Blair understands it, he just doesn't believe in it. The Blair agenda seems to turn in large measure on the creation of an intermediate category of, let's call it, "persons deemed suspicious". Anybody can be placed in this category by a variety of administrative acts and thereby assume a status not unlike a paroled prisoner, ie any action the PtB disapprove of becomes grounds for criminal sanctions, with or without the approval of a court. In some ways it parallels, in a more bureaucratic way, the early medieval idea of "notorious persons" who, for example, were not considered oathworthy in legal proceedings.
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Date: 2006-06-23 05:13 pm (UTC)I think the terms are: "Thank you, please don't come again."
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Date: 2006-06-23 05:20 pm (UTC)no subject
Date: 2006-06-23 05:27 pm (UTC)no subject
Date: 2006-06-24 12:32 pm (UTC)no subject
Date: 2006-06-23 07:50 pm (UTC)(On similar lines, I was at primary school with a bully, who, many years later, was had up on a murder charge. The graffiti spread around north London - "xxxxx is innocent." I knew better; he might not have been guilty, but he sure as hell wasn't innocent.)
By the way, I was very amused by the orgasmic ASBO. They'll all be wanting one now.
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Date: 2006-06-23 09:38 pm (UTC)no subject
Date: 2006-06-23 10:21 pm (UTC)no subject
Date: 2006-06-24 08:34 am (UTC)no subject
Date: 2006-06-24 03:48 pm (UTC)Definitely off topic...
Date: 2006-06-24 06:01 pm (UTC)You are bloodywell coming to nyc aren't you ? Liadnan will vouch for me not being weirdo but important doctor type person if somewhat dippy.