Monday, 2 November 2009 4:25 PM

Law and society

I would appreciate publishing my letter Editor.

Discussions on Legal Decisions made by Judges has been going on for some time now. Law students in Port Vila study those academic discussions to get their Law degree. Law Journals worldwide offered insights into various Judicial precedents that continue to haunt people now a days with their legal implications.

With that backdrop in mind I see Ella's comments as inviting a discussion about the implication of legal precedents on the victims of Rape and abuse.

Ella is questioning whether the Court is even helping out here in trying to deter people from committing rape. Especially when the sentences handed down to offenders send a different message.

What ever the mechanism the Court has at its disposal, to hand down sentences seems to point to one direction. Leniency for the offender. What reaction do you expect from the public ?

The Judges has a wider scope to maneuver when it comes down to discretion. They actually influence the trial to certain scope. Whether that discretion is being utilized for the benefit of the Society or the defendent ? That can be seen in the trial process.

Who made the law? Judges made the law. Simply speaking they invent our jurisprudence. One can make their own conclusion as to the influence judges has on cases.

With the influence the Court has. The public need to see the Courts acting tough on criminal elements. some times I wonder whether the Court is more concerned with the accused rights than victim's rights.

Disclaimer: The views and opinions expressed in this letter/article are those of Andrew Horea and do not necessarily reflect the official policy or position of Solomon Times Online.

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