Why does it seem to me that the law is on the side of the perpetrator and not the victim?

Question

Someone I know tried to help a lady in distress one morning on his way to work. She was drunk and these guys in a car were trying to drag her into it. The good samaritan tried to help the lady by kicking and punching the abductors and attempting to get her away. In his anger at how the lady was being treated, he said a few racist things. The police were called by a member of the public, who arrested him and cautioned him for race hate. The abductors got off with no charges. The lady who was in trouble was too drunk to give plausible evidence, so the case was dropped, even tho' it happened in a built up area and several witnesses came forward saying they saw the incident from their windows. Justice eh?

Answer 1

It is political correctness disease. The whole country is infected and there seems to be no cure.

I'm glad I haven't caught it.

Answer 2

There was an episode of Panorama this week about whether or not you should intervene if you see some criminal activity (or something such as is mentioned in the question). The general advice was, don't, the risks are too great.

There is no excuse for violence or racism but I think what's worse is that none of the three abductors was called in as well. Surely in order to undertake a comprehensive and full investigation the police should have arrested all members involved (after all, it's never easy to discern initially what's happening when a scuffle is involved. It sounds like to me that's exactly what happened when a member of the public called the police - they may only have seen the guy punch and kick the other guys, without seeing the perpetration of this action)?

This country's so on edge with regard to racism at the moment, that any sign of it and the authorities have to be seen to come down hard. Sad but true, and a sign of our times.

Answer 3

The system is designed to give the fairest and most equitable process to the offender. Attention to victim's rights is catching up but at a slower pace unfortunately.
For example, for many years, we as police officers have had to read someone their rights when arrested and if we didn't we would be called to task immediately. Only just this year has the process of informing victims of their right to provide a victim impact statement at an accused's sentencing been made mandatory for police officers. We are now required to put in a form with every arrest brief that states that we have informed the victim and if we don't a supervisor will make sure it is done.

Answer 4

I think you are confusing Criminal Law with Civil Law. I don't know about other countrys, but here in the States, Criminal law is when a crime has been committed against the state, civil Law is when a crime has been committed against a person. The two get confused since when an assault has been committed it is seen as a crime against a person and the state. Criminal law is only worried about the crime in question and due process of the perpetrator of the crime that was committed against the State. The Victim in Criminal court is only the catalyst of the crime. The emphasis in Civil Court on the other hand is with the crime against the victim and not the state. police do not impose Civil Law and Unfortunately, Civil court does not impose incapacitation as sentence, only monetary value as punitive punishment.This was done to abolish "debtors prisons". Personally, I believe that a Civil court should be able to hand out punitive incapacitation sentences if the Perpetrator can not afford to pay punitive damages. Of course this would bring back the "debtors prisons" but so what, I pay all my bills.

Answer 5

First, it is important to remember that our system values fairness for the accused as much as it values justice overall. Fortunately or unfortunately, this helps protect those falsely accused, although this sometimes means guilty people get off easy.

The police probably arrested your friend because they know for a fact he kicked and punched others and it was unclear whether or not he was justified in using force. Besides, self-defense or justified defense of a third person is something you prove in court, not to the police on the scene. Regarding the racist comments, that's just something he needs to figure out how to stop. If such things are not part of your vocabulary to begin with, you don't have to worry about them coming out at the wrong times.

Regarding the case being dropped against the others, this is normal in cases where it is unclear what happened. In order to be prosecuted, every single law as certain elements of the offense that must be proven in order to get a conviction. While a crime may have been committed, that does not mean it is provable in court. Besides, your victim is unsure what was going on since she was drunk and a defense attorney would go after that on the stand. The many witnesses you say were available might be able to testify to the fact that it appeared she was being dragged into a car, but that does not necessarily lead to kidnapping. What if my friends and I have a female friend who tends to get drunk and runs into oncoming traffic every weekend. She wants to go running in front of cars but we want to stop her. So for her own protection we try and drag her into our car as she screams out, "No, let me go!" Sure would look bad, but there was no kidnapping.

Answer 6

It seems that everyone is scared of being dubbed Racist, and yet that is how a lot of wars have been fought in the past. England and France and the hundred years war being a prime example. I would doubt zealots in either country were called racist at the time. You fought for your own country against another race. It's only become a colour issue because of the hangover from the days of slavery.
I am not racist but I feel happier amongst my own race. I have no problem with different religions, providing others beliefs are not rammed down my throat. Please let me live my life in the way I wish to, that is without hurting or offending others. If I attempt to help another person don't hold it against me, give me support. Don't be afraid of prosecuting those who do wrong because of the colour of their skin......that is racist!!!

Answer 7

You have to remember that in the criminal justice system, the victim has no rights. That is why it is the state pressing charges, not the individual. There are several safeguards to make sure innocent people don't go to prison. However, those same safeguards also make it difficult to prosecute. Over 80% of criminal cases are done away with by plea bargain. That is why you hear of someone getting a small amount of time for what seems like a horrendous crime.

Answer 8

I had money stolen from me at home by a woman. She came back a few days later to steal some more. I called the police and kept the line open. She admitted taking the money from me and said she needed more for her habit. The phone operator said she heard the comments and they were on record. There was a lone policeman nearby, but they wouldn't send him round as lone officers don't get sent to an assault in progress. They sent a car from the station 10 miles away. When the police arrived they let her walk away saying that knew where she lived and they could pick her up anytime. They were more concerned with interrogating me as to why I had so much money than dealing with the crime and the criminal. It transpired that she'd committed many previous assaults, including against the police, social workers and a judge! Nice woman! Needless to say I heard nothing about her being taken to court, nor did I get my money back or compensation for the assault.

Answer 9

The original intent of the law was to protect the rights of the accused perpetrator, so as to make sure that he was treated fairly. This concept has been abused, in the light of political correctness. In most cases the fact that the victim is a victim is forgotten, and in some cases the victim is made to feel like the criminal. A good example is a women who is raped. The usual thought is that "she was asking for it." She is made to feel like the criminal and the perpetrator is treated as a victim

Answer 10

Political correctness is the enemy of common sense and it is ruining the world. He should have known better than to use racist jibes because in this politically correct regime, nobody gets away with that. Human Rights activists don't help either, protecting the rights of criminals.
As I see it, In an ideal world once you commit a crime you should waive all of your rights. But that will never happen..

Answer 11

Who knows how the law works. I know that police make up their own rules as they go along. We are suppose to be innocent till proven guilty but, think about it we are not. We are guilty until proven innocent. They first charge us with a crime and then we have to hire a lawyer to get us off. Right there that is guilty and we have to prove our innocents. Most likely they didn't want any racial mess to come of this in their departments. They couldn't handle that kind of situation so they let the abductors off and the victim was the law breaker.