- Re: Good one! Archived Message
Posted by Ken Waldron
on December 2, 2019, 9:54 pm, in reply to "Good one!"
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" ...as you seem to deny the family / background role. " No. What I said was that we have no evidence at all to make such an accusation and that the principle isn't recognised in our legal system anyway. "Responsibility is not some variable you can decide like guilt or innocence - for me." Responsibility in our law generally lies with the individual who commits the offence: unless under specific circumstances (reduced mental capacity, mental illness etc) that responsibility is diminished. The odd case has come up under "joint enterprise": Derek Bentley for example, but as that effectively lead to a man already secure in police custody being hanged it didn't do much for the repute of the law. Collective punishment of family: usually by fine was actually a part of ancient British tradition and is recorded in Wales and Ireland under Brehon law. It could be argued to be an effective policy in largely un-policed lands to have extended families leverage a degree of control over their own unruly members. Oh and if you think Keith and I share the same outlook, you've not been reading this board properly... if much at all... |