• Transparency and the Criminal Justice System was Re: Civil Enforcement

    From billy bookcase@21:1/5 to Roland Perry on Thu Apr 25 08:55:51 2024
    "Roland Perry" <roland@perry.uk> wrote in message news:8CdFqAyVtVKmFA1B@perry.uk...
    In message <v00h4e$3mneu$1@dont-email.me>, at 14:48:59 on Sat, 20 Apr 2024, billy
    bookcase <billy@anon.com> remarked:


    IOW, for all practical purposes, its totally impossible for memabers
    of the public to safely act upon any of these principles which
    you've been at such pains to expound concerning the effects of
    stomach contents on blood alcohol levels. This "vital parameter".

    Of course they can, if they look up the various papers on the subject, and appreciate
    what they say (and no, I won't be doing your homework for you).

    The Dawkins Fallacy writ large.

    Because everybody is as intelligent as I obviously am, even if they
    don't live in North Oxford, they will not only not believe in God or
    any of that religious nonsense but will also read up on the latest
    research on topics affecting their everyday lives

    Or the updated the Dawkins/Perry Fallacy

    Confident in the knowledge that not only do those papers
    reflect the latest research on those topics, but that they
    are all-encompassing, definitive, and the last possible word
    on the subject. And so can't possibly be undermined by
    any further research on the topic due to be published next
    week or next month. That's what that Mr Perry said anyway,
    Your Honour.

    While for my homework last week I happened to be reading
    "Talking To Strangers" * by Malcolm Gladwell which is basically
    concerned with truth and lies and in this particular context
    how alcohol consumption can affect peoples judgement
    when it comes to telling lies themselves, or detecting lies
    in others.

    It also covers other topics very relevant to the criminal justice
    system. "Transparency" is the idea that its possible to read
    peoples' minds, their intentions and moods, directly from
    their facial expressions. Now while this is true in most
    cases (its assumed anyway) in many cases it isn't.
    This is called "The Friends Fallacy). Basically because its
    reinforced by TV drama and films where (except in villains)
    peoples facial expressions exactly mirror if not exaggerate
    their intentions.

    So that basically if you're an honest person with a shifty
    expression you're stuffed. More especially if you're
    put on trial for a crime you didn't in fact commit.

    Whereas if you're a dishonest person (or a politician) with
    an open friendly expression you've got it made. Sometimes
    anyway, if you're put on trial for a crime you did commit.

    While in particular reference to Auriol Grey there were some
    interesting observations about "remorse". And how there
    is actually no general consensus as to what facial expression
    accompanies remorse. Or how people "show remorse".

    Which is relevant given that HH Sean Enright made a point of
    claiming that Grey hadn't shown any remorse. Not that she
    necessarily should have; but that had she done so, the
    all-knowing Enright wouldn't have noticed anyway.

    A fuller review of the book is here

    https://wrongfulconvictionsreport.org/2021/07/26/talking-to-strangers-why-we-and-police-and-judges-mostly-get-it-wrong/


    bb

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  • From Mark Goodge@21:1/5 to billy bookcase on Thu Apr 25 12:06:56 2024
    On Thu, 25 Apr 2024 08:55:51 +0100, "billy bookcase" <billy@anon.com> wrote:

    While in particular reference to Auriol Grey there were some
    interesting observations about "remorse". And how there
    is actually no general consensus as to what facial expression
    accompanies remorse. Or how people "show remorse".

    Which is relevant given that HH Sean Enright made a point of
    claiming that Grey hadn't shown any remorse. Not that she
    necessarily should have; but that had she done so, the
    all-knowing Enright wouldn't have noticed anyway.

    While I don't disagree with the main thrust of your response to Roland, I
    think you're missing the point here. When a judge (or barrister) says that a defendent "hasn't shown remorse", they don't mean "hasn't had a facial expression indicating remorse". They mean "hasn't spoken words expressing remorse". That is, it's about whether they've said "I'm sorry", or words to that effect, rather than how they come across visually.

    The word "shown" is possibly ambiguous in this context, a better one would probably be "expressed". But I think most people would accept that remorse
    is generally "shown" by words and deeds rather than body language.

    Mark

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  • From billy bookcase@21:1/5 to Mark Goodge on Thu Apr 25 14:20:08 2024
    "Mark Goodge" <usenet@listmail.good-stuff.co.uk> wrote in message news:pndk2j98v3of13gjbm2etdoid8ra9btelg@4ax.com...
    On Thu, 25 Apr 2024 08:55:51 +0100, "billy bookcase" <billy@anon.com> wrote:

    While in particular reference to Auriol Grey there were some
    interesting observations about "remorse". And how there
    is actually no general consensus as to what facial expression
    accompanies remorse. Or how people "show remorse".

    Which is relevant given that HH Sean Enright made a point of
    claiming that Grey hadn't shown any remorse. Not that she
    necessarily should have; but that had she done so, the
    all-knowing Enright wouldn't have noticed anyway.

    While I don't disagree with the main thrust of your response to Roland, I think you're missing the point here. When a judge (or barrister) says that a defendent "hasn't shown remorse", they don't mean "hasn't had a facial expression indicating remorse". They mean "hasn't spoken words expressing remorse". That is, it's about whether they've said "I'm sorry", or words to that effect, rather than how they come across visually.

    The word "shown" is possibly ambiguous in this context, a better one would probably be "expressed". But I think most people would accept that remorse
    is generally "shown" by words and deeds rather than body language.

    IOW Grey didn't play be the rules, assuming she knew what they were;
    and assuming she actually felt she was guilty as charged - was an
    actual "killer".

    quote:

    " Through the prospect of mercy and moral accreditation but also the
    concealed threat of violence, judicial discourse shapes the content
    of remorse in a way that reflects the context in which it is produced.

    If it is appreciated that remorse is not just a psychological trait
    inherent in the individual but rather an attribute that is situated in
    a specific social context, the impact of juridical discourse on the
    shaping of remorse becomes all the more comprehensible.

    The form in which remorse must be expressed is that of submission to a
    greater power ? the moral performances that are validated all have as their common point of reference a posture of abjection and surrender by the
    offender before the authority of the law " (Weisman 2014, p. 44)

    Here the concern is that remorse is not a natural reaction to wrongdoing
    but is shaped by social expectations; and that in the judicial system
    it is shaped both by the coercive context of the threat of (prolonged) punishment, but also by the authority claimed in that coercive context
    by the state to pass judgement on what the defendant should feel remorse
    for and whether her remorse is adequate

    :unquote

    https://eprints.whiterose.ac.uk/102428/3/The Role of Remorse in Criminal Justice
    final.pdf

    bb

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  • From Roland Perry@21:1/5 to All on Tue Apr 30 09:41:25 2024
    In message <v0d2ad$2t0k0$1@dont-email.me>, at 08:55:51 on Thu, 25 Apr
    2024, billy bookcase <billy@anon.com> remarked:

    Because everybody is as intelligent as I obviously am, even if they
    don't live in North Oxford, they will not only not believe in God or
    any of that religious nonsense but will also read up on the latest
    research on topics affecting their everyday lives

    Or the updated the Dawkins/Perry Fallacy

    Confident in the knowledge that not only do those papers
    reflect the latest research on those topics, but that they
    are all-encompassing, definitive, and the last possible word
    on the subject. And so can't possibly be undermined by
    any further research on the topic due to be published next
    week or next month. That's what that Mr Perry said anyway,
    Your Honour.

    OK, so you don't believe there's such a thing as "drinking on an empty stomach", but there no reason to be rude about it.
    --
    Roland Perry

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  • From billy bookcase@21:1/5 to Roland Perry on Tue Apr 30 14:40:30 2024
    "Roland Perry" <roland@perry.uk> wrote in message news:4eTENP$16KMmFAUj@perry.uk...
    In message <v0d2ad$2t0k0$1@dont-email.me>, at 08:55:51 on Thu, 25 Apr 2024, billy
    bookcase <billy@anon.com> remarked:

    Because everybody is as intelligent as I obviously am, even if they
    don't live in North Oxford, they will not only not believe in God or
    any of that religious nonsense but will also read up on the latest
    research on topics affecting their everyday lives

    Or the updated the Dawkins/Perry Fallacy

    Confident in the knowledge that not only do those papers
    reflect the latest research on those topics, but that they
    are all-encompassing, definitive, and the last possible word
    on the subject. And so can't possibly be undermined by
    any further research on the topic due to be published next
    week or next month. That's what that Mr Perry said anyway,
    Your Honour.

    OK, so you don't believe there's such a thing as "drinking on an empty stomach", but
    there no reason to be rude about it.

    So how exacty does a person ascertain whether their stomach
    is truly empty or not?

    I presume a camera of some kind will be required ?

    Starting at the top, ISTR there may be a problem with somthing
    called the gag reflex; which is why it may be necessary to go
    the long way round, starting at the other end, as it were.

    While carefully watching the monitor

    Banging on the bathroom door.

    "Are you ready yet dear, we were supposed to be there
    half an hour ago you know. Are you sure you don't want to
    call a cab ? "

    Just give me a couple more minutes dear; as I forgot I
    needed to change the batteries.


    bb



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  • From Owen Rees@21:1/5 to Simon Parker on Wed May 1 12:10:41 2024
    Simon Parker <simonparkerulm@gmail.com> wrote:

    If I could remember the name of the sachet of "TurboLax", anybody taking
    that will be "clear" within a few hours. But they also won't be going anywhere for several days either so drink driving will be the least of
    their worries. :-)

    The one I had before a colonoscopy was Picolax https://www.medicines.org.uk/emc/files/pil.915.pdf

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  • From Roland Perry@21:1/5 to All on Wed May 1 17:04:15 2024
    In message <v0qscj$2g2md$1@dont-email.me>, at 14:40:30 on Tue, 30 Apr
    2024, billy bookcase <billy@anon.com> remarked:

    "Roland Perry" <roland@perry.uk> wrote in message >news:4eTENP$16KMmFAUj@perry.uk...
    In message <v0d2ad$2t0k0$1@dont-email.me>, at 08:55:51 on Thu, 25 Apr >>2024, billy
    bookcase <billy@anon.com> remarked:

    Because everybody is as intelligent as I obviously am, even if they
    don't live in North Oxford, they will not only not believe in God or
    any of that religious nonsense but will also read up on the latest >>>research on topics affecting their everyday lives

    Or the updated the Dawkins/Perry Fallacy

    Confident in the knowledge that not only do those papers
    reflect the latest research on those topics, but that they
    are all-encompassing, definitive, and the last possible word
    on the subject. And so can't possibly be undermined by
    any further research on the topic due to be published next
    week or next month. That's what that Mr Perry said anyway,
    Your Honour.

    OK, so you don't believe there's such a thing as "drinking on an
    empty stomach", but there no reason to be rude about it.

    So how exacty does a person ascertain whether their stomach
    is truly empty or not?

    By not being "on the spectrum" and taking things too literally. They
    might for example remember if they had consumed a meal in the last
    eight hours.

    --
    Roland Perry

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  • From billy bookcase@21:1/5 to Roland Perry on Thu May 2 09:15:42 2024
    "Roland Perry" <roland@perry.uk> wrote in message news:hVByv$g$fmMmFA3+@perry.uk...
    OK, so you don't believe there's such a thing as "drinking on an empty stomach", but
    there no reason to be rude about it.

    So how exacty does a person ascertain whether their stomach
    is truly empty or not?

    By not being "on the spectrum" and taking things too literally.

    That being a milder version of being "on the CPC" I assume ?

    And in this case involving large quantities of pots, kettles
    goalposts etc.


    They might for example remember if they had consumed a meal in the last
    eight hours.

    So the advice is don't drink and drive if you've just got straight out
    of bed in the morning or before lunch, basically.


    bb

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