Should a false witness be punished more when the framed person is sentenced to longer than normal?

Discussion in 'Law & Justice' started by kazenatsu, Aug 8, 2018.

  1. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Likely it will be a different judge than the one who actually did the original sentencing.

    But I believe this - the wider legal issue this raises - should also be a matter for public debate.

    Otherwise, if we went with your perspective, why have any laws at all to tell the judges how long they should sentence people to?
     
    Last edited: Nov 12, 2018
  2. JakeStarkey

    JakeStarkey Well-Known Member

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    The leges make that debate.

    But send your ideas to them.
     
  3. Maquiscat

    Maquiscat Well-Known Member

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    It doesn't matter what the judge decided or why. The false witness is who caused the falsely accused to be in front of the judge to begin with. The full responsibility falls to them.
     
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  4. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    That is one perspective. I have a different opinion, but I'm just glad we're having this debate.
     
  5. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    Hmm, I agree with your perspective but don't think I'd go quite that far.
     
  6. Bic_Cherry

    Bic_Cherry Active Member

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    I dunno what legal system u r based in.

    In Singapore however, it is an adversarial system so the defendant has a lawyer to fight against the prosecutor in court.

    Usually the prosecutor will paint the defendant in a bad light (e.g. 'he successfully hoodwinked the judge, the consequences of the misinformation was serious') but the defendent lawyer will speak out for his client. Of course a new judge will come in to judge the case given that the judge who judgement was tainted by fake evidence produced to corrupt his verdict is now an 'interested/ connected' person in the case.

    The new judge would then have to decide how significant the faked evidence was in respect of the entire evidence discussed in respect of the case before making a judgement.

    Most court hearings here are open to public except for when there is very personal information involved (e.g. rape of minor which might identify the name of the minor to his/her detriment) or state military secrets etc. The public will be the final judge if the court judge has made a wise decision and upheld justice for all.

    E.g. the bad verdict of previous court could also be because the judge also received a bribe, so any wrong verdict should be dissected down to the responsible parties. If it were the judge who received bribes, then he should be punished, likewise a witness who gave false evidence under oath not to tell lies.
     
    Last edited: Dec 1, 2018

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