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Court Decisions are Ridiculous

It seems that you can get away with anything if you put up an absurd defense. A woman was charged for driving her car without lights while the car had a flat tyre. The woman's defence was that she had taken the sleeping drug Stilnox earlier and she couldn't remember driving. Being interviewed by police was also lost to her memory.

Remember the weird claims made when Prozac was first brought onto the market? You don't hear anything bad about Prozac today. The same thing will happen for Stilnox. If the drug is so dangerous it would not have been allowed onto the market at all. It is just convenient to have something to blame for strange behavior.

The Court found in favor of the woman. It must be said when reviewing court decisions that the government puts weird people in charge of courts. Magistrates and judges continue to give lenient sentences despite pleadings by police and the public. They are certainly a law unto themselves. Indeed, many judges believe that they are above the law. They see the separation of powers as an avenue to become dictators which gives them the right to make absurd decisions. They recently found a fellow judge not guilty of sexual assault!

Law by Ty Buchanan

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Australian Government Accesses Data From Internet Companies

The NSA has said that it targeted non-US citizens in its information grab from large Internet companies. Australian and American government agencies have secured detailed data about Australian citizens. This fact came out in a new report.

In the first half of 2013 546 requests were made on Australians. Facebook provided details on 349 of these. The US demanded information on 20,000 users assumed to be Americans. Access was granted on nearly 16,000 US accounts.

Which government agencies made the demands was not announced by Facebook. Internet companies seem to have been given some sort of filtering power to decide what is released. This is strange considering such companies are not elected non-government agencies. Are they entitled to be above the law?

Requests to Twitter by Australia have risen 600 percent since the second half of 2012. All members of the international data oligopoly were approached. About two thirds of all requests were successful. There is a fine balance here. What happens if police want information that Internet companies will not grant? Are in-camera court cases about to become the norm, where information is deemed to be too sensitive for the public?

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New Laws to Restrict the Leniency of Judges

There is not much doubt that the majority of Australians believe judges to be too lenient in sentencing. Drivers have been convicted of dangerous driving and homicide and have been given suspended sentences. Premeditated murderers have had to serve only five years in jail.

It seems once judges get their positions they favor convicted criminals. No wonder state governments are looking at legislation to force courts into tougher sentencing. The South Australian government is planning new laws to limit the use of suspended sentencing. Chief justice Chris Kourakis claims this is interfering with the independence of the legal system vis-a-vis government and the executive. But if judges do not sentence and meet public expectations intervention is necessary.

Serial offenders are given a slap on the wrist and are released to continue their illegal behavior. Some even laugh their way out of court. Intervention is also needed to have the criminal history of suspected offenders known at trial. Why shouldn't past behavior be used against criminals?

Chief Justice Chris Kourakis says "In general, the greater the discretion that a judge has the more the judge can fit the penalty to the particular crime." However, most believe that judges are not doing this. He admits though that governments have always set the parameters used in the legal system.