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Originally Posted by Pinch
In all honesty I doubt my scenario would come to anything, and if it did I would be my usual calm and professional self and deal with it, but having studied jurisprudence it just got me thinking thats all.
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Yeah, on jurisprudence its fair comment. Some of the laws IMO in a perfect world are a tad on the wrong side of 'fairness' given the type of system we promote as 'fair and just'. But the situation is becoming a major problem and needs to be tackled, and there just isnt an alternative, and doing nothing is unacceptable given the growth of the problem.
Claims that its not right for police to make the decision on the spot, or somehow communist like is just foolish. Police have always detected a speeding motorist and applied the fine in that manner. Then, and with the laws in question, the driver is able to challenge the claims in court. This is nothing new. Imagine how cluttered courts would be if all these events required a court appearance for proper justice to be served. Imagine the flow on effect for other criminal trials and the wait for a speedy trial.
All laws can be 'manipulated', or circumstances of fact can be 'massaged' to be outside a given law if the officer was so inclined, that potential is unavoidable but the propensity for it to occur can be minimised through selection of professionals, minimised, not guaranteed as this is not possible in any realm of reality. There was the story of the knickers model in Qld yesterday who is allegedly being stalked by an officer abusing his position. Im not going to comment on the truth of her claims (I only know what everyone else knows), but regardless of that case, its not out of the question it happens, but it is out of the question thats it commonplace. Judges and police are human beings and in the end there is no way to remove the human element from the equation. Thats why not anyone can fill these roles in society, we can be confident that the majority have ethics and dedication to the cause they serve to overcome the tendency for power tripping.
There will be the odd injustice, while every person on the wrong side of these laws will claim they are the odd injustice. Supposedly jails are full of the innocent.
