It is my opinion that more or new laws would make little or no difference – it is the judges and magistrates that make the difference – they need to enforce the laws that already exist.
Why make more or “better” laws when the existing laws are sometimes not upheld?
Take for example the Victorian mandatory sentencing laws for perpetrators of violence against emergency workers. Laws were made to be enforced so that if someone attacked an emergency worker, they had a mandatory sentence. Mandatory means it has to be applied. However, some judges and magistrates have continued to give a free pass to those vile people who believe they can attack who they want when they want and how they want, with little or no regard or consequence. Instead, those perpetrators are sometimes treated, to my way of thinking, as if they are the victims, and not the perpetrators. Their past is looked at and, if there can deemed to be an even semi-legitimate reason to give them a simple community corrections order or no consequences at all because they had a bad childhood or had been drinking or on drugs, then that is the result. It doesn’t matter that some of them have a history of violent behaviour – it is poor them and we can’t take away their freedom. Meanwhile, we have good and genuine people who are simply doing their job and who are damaged physically and mentally by the attacks, and can no longer do their jobs – they now suffer fear and health issues, and they are the real victims and who are largely ignored – they are basically told that they are not worth protecting and that it is the “poor” perpetrator who needs the law’s protection. It’s abhorrent, disgusting, and disgraceful.
And then we have those who are repeat offenders in other areas (violence, driving offences, sexual attacks, domestic violence, and so on) that are allowed out on bail to do it all again, they get caught and are again out on bail to do it all over again. Again, they are treated as the victims, not those who have actually been victimised. Bail justices and parole board members should be held accountable for the release into the public of those who they know are, or are likely to be, repeat offenders. A policeman I know told of a situation where a person was caught doing the wrong thing, went before a bail justice, was released on bail, only to be caught at it again later that night. And so it went, with the guilty person being caught and released no less than 4 times in the same night! How depressing and frustrating for the police.
I firmly believe that people know what is right and wrong and some of them work the system to their advantage because they know that there are so many bleeding hearts in the legal system who are going to give them a free pass if they claim mental health issues. Just because you have depression, anxiety and other mental health issues does not mean you don’t know right from wrong (a good test would be to see that, if it happened to them or a member of their family, would they believe it was the right thing to have done?) It would be very interesting to know how many judges and magistrates who give light sentences or no sentences have a background in being a criminal law solicitor and therefore have the mindset of assisting the criminals get off or lighter sentences – I think the community would be shocked to discover the truth.
It is my opinion that, if someone choses to drink or take drugs and is found to have committed a crime while under the influence, they are guilty and can’t be let off. They made the choice and must take the consequences.
It is my further opinion that, if someone is not fit to be held accountable for their crimes, they are not fit to be out in the community and should be locked away for the sake of the community, and any person letting them out (be it a judge, magistrate, parole board member, or bail justice), that person should be held accountable for the release and any consequent reoffending (that might make people think about the actual victims instead of the “poor” offender who has lost (the right to) their liberty.
Others are entitled to a contrary opinion, but would more or “better” laws work? – in my opinion (based on experience to date), the answer would be a resounding “no”. What we really need is for the judges and magistrates to perform the job that is expected of them, namely to apply the laws that already exist that are intended to protect the community at large, not the perpetrators of criminal action.