tag:blogger.com,1999:blog-5945843206427351559.post1309472176760686277..comments2024-01-25T14:51:13.377-05:00Comments on Gamso - For the Defense: Criminal Defense Lawyer and Crime VictimJeff Gamsohttp://www.blogger.com/profile/09869425697771419546noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5945843206427351559.post-86807005445350956872014-12-02T07:23:21.335-05:002014-12-02T07:23:21.335-05:00Nice post..
The Indian LawyerNice post..<br /><a href="http://www.theindianlawyer.in/index.php" rel="nofollow">The Indian Lawyer</a>sekharroynihttps://www.blogger.com/profile/01543653143809034091noreply@blogger.comtag:blogger.com,1999:blog-5945843206427351559.post-79014609663845494892010-01-28T20:42:25.032-05:002010-01-28T20:42:25.032-05:00Unfortunately, I don't know how to insert link...Unfortunately, I don't know how to insert links into the comments, and there's no quick and dirty search I can think of that will point you to the particular posts. But I think the two fullest elaborations are probably in a response to an article by Paul Cassell, so you can search for his name. And maybe the first sustained discussion, was in a post called "Ethics v. Morals, IV," from August 9.<br /><br />Root around and you'll probably find more.Jeff Gamsohttps://www.blogger.com/profile/09869425697771419546noreply@blogger.comtag:blogger.com,1999:blog-5945843206427351559.post-60339262614985080652010-01-28T18:36:59.998-05:002010-01-28T18:36:59.998-05:00I'll have to go back and read those posts as I...I'll have to go back and read those posts as I'm newish to the site and still looking for ways to articulate my knee jerk reaction to all this victims' rights stuff.Leehttp://www.pubdef.ocgov.com/alternat.htmnoreply@blogger.comtag:blogger.com,1999:blog-5945843206427351559.post-88586545056758260792010-01-28T17:47:58.936-05:002010-01-28T17:47:58.936-05:00Yeah, I'll buy that.
The legal system exists,...Yeah, I'll buy that.<br /><br />The legal system exists, in part, to protect us from our worst inclinations, and the retributive nature of so-called "victim rights" conflicts with that aim.<br /><br />But the idea of victim rights in the criminal system is misguided anyhow since it's based on a fundamental misunderstanding of what the criminal law is. Individuals harmed by criminal acts are to obtain satisfaction through tort actions against the wrongdoer. The only victim in the criminal law, as I've discussed several times here, is the body politic.Jeff Gamsohttps://www.blogger.com/profile/09869425697771419546noreply@blogger.comtag:blogger.com,1999:blog-5945843206427351559.post-58367945668662668292010-01-28T13:21:39.580-05:002010-01-28T13:21:39.580-05:00The furious sense of vigilantism I feel when someo...The furious sense of vigilantism I feel when someone so much as scratches my car door in a parking lot and does not leave a note just serves to reinforce my understanding of the need for criminal courts of law as opposed to the vigilante, eye for an eye, justice as vengeance that would exist otherwise.<br /><br />I practice in California, where well funded conservative interests are doing a great job of advancing the "victim rights" lobby. It is difficult to convey to the avergae person what a problem this is in a vacuum so I often use the example that I'd be more than happy to shoot someone I caught climbing out of a window of my house upon my return, but as a rational people as a whole, we are aware the death penalty is not appropriate for a residential burglarly. The great threat of the victim rights movement is that it replaces measured justice and rehabilitative motives (to the extent they exist at all anymore) with a retribution at all costs motivation for the system.Leehttp://www.pubdef.ocgov.com/alternat.htmnoreply@blogger.com