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Changing the law re self incrimination


retep

Well-known member
Joined
May 25, 2007
Messages
1,745
It occurred to me this morning whilst reading an article on removal of penalty points by senior Gardai where the defence in one case was that the offender who had received points for speeding had only done so because they had "a mobile phone in their hand at the time"

It got me thinking of how much of an ass the law is in this country with regard to parallel offences, which are often trotted out as an excuse for the original offence as above.

The other one so regularly evidenced in the provincial paper court reports is a solicitor apologising for their clients behaviour because they had "drink taken" and the offending crime is "totally out of character". Surely in this case, rather than being proffered as an excuse, the person being drunk and disorderly in public should be prosecuted for an additional offence

Equally, one I notice regularly as recently as this morning, where Gardai manage to capture one of a gang in the process of committing a crime where the others manage to escape, surely there should be an additional charge brought against the person in custody, that of withholding evidence about a crime in the event that they refuse to identify the others who were with them. Above all else that one would invoke the beautiful Hobson's choice scenario of potential criminal being forced to grass on their colleagues or suffer the consequences of the law if they refuse.

Of course there is at least one notable politician (a few in fact) that if this were properly applied, should be up in courts for prosecution for wilful and proven perjury
 
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