3 ms·
> It's not the role of the justice system to pander to emotions. In Oz courts, there is often a "victim impact" statement read to the court, eg a rape victim w
by nikatwork 13y ago
> It's not the role of the justice system to pander to emotions.
In Oz courts, there is often a "victim impact" statement read to the court, eg a rape victim will tell the court about the negative effects the assault has had on their life (eg can no longer have sex with partner, so is now divorced; can't leave house at night so has lost job). This impact statement will be taken into consideration when sentencing, and is often directly referenced in the judge's closing statement. Eg, "the victim has experienced years of mental anguish and you show no remorse; I am therefore pronouncing the maximum allowable sentence".
So yes, the court very much does "pander" to emotions. I'd love to hear an actual lawyer chime in, the ones I've talked to have a very strong code of professional ethics surrounding this (believe it or not.)
- hrkristian 13y agoI ought to have been clearer on what I meant. When an action degrades the quality of life (just to use a general term) of course it should matter in a court of law. My point was merely that when deciding on the sentence, the law should consider the need of the society while leaving the emotions of individuals out of it to the extent this can be done without causing further harm.
- kazagistar 13y agoSure it does. But not everywhere, and it shouldn't here either.