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"Enactment and application of every law is retrospective as it should be; that is plaintiff must have suffered an actual, factual, and material injury, or "loss", before any petition for remedy e.g. capital punishment may be addressed in a court."

So I can only appeal a death sentence after it has been carried out?

Index of Frank's Diaries

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sat Aug 19th, 2017 at 09:25:23 AM EST
[ Parent ]
Maybe in Ireland.  

In the USA,the convicted person doesn't "appeal" the sentence. The convict's complaint addresses the injury (certain death) resulting from defective "due process" at trial e.g. errors in findings of fact (evidence) or findings of law (procedure) that preclude an exculpatory verdict. The remedy sought is a new trial.

Diversity is the key to economic and political evolution.

by Cat on Sat Aug 19th, 2017 at 12:35:05 PM EST
[ Parent ]
We don't have the death penalty in Ireland. Court injunctions can be sought against parties whose current or intended actions could be damaging or prejudicial to a plaintiff to prevent the harm actually occurring.  Appeals to a higher court can be against either or both conviction and sentence on points of fact or law..

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sat Aug 19th, 2017 at 01:41:07 PM EST
[ Parent ]
I was waiting for this < wipes tears > the minute after I posted an axiomatic answer (appeal of verdict) to a specific, hypothetical injury, capital punishment.

First, permit me to rephrase cause of action, an axiom of US law enforcement: Any punishment, either "certain death <b, detention, or economic penalty</b>" ordered by the state is never a crime. To the contrary, sentencing is justice served, man.

The crime is alleged error(s) committed, or admitted, by the state [!] in administering due process (codified by each state and the federal gov't.) for which plaintiff seeks remedy from the state [!] for losses of innocence and liberties ... such as life.

But you've got some M.O., Frank. Some might call it "moving goal post."

So, second, permit me to I commend the constitution of the Republic of Ireland as you will. For a mere five (5) of fifty republics, commonly known as the "united States" prohibit capital punishment. Look upon leader of the "free world"  and "greatest purveyor of violence" with wonder.

I look forward to learning anything about procedures of law enforcement and litigation in Ireland.

Diversity is the key to economic and political evolution.

by Cat on Sun Aug 20th, 2017 at 01:19:16 PM EST
[ Parent ]
a mere nineteen, inc. moratoria, twenty inc. the D.C., potentially zero wherever DoJ joins prosecution of federal law and sentencing.

Diversity is the key to economic and political evolution.
by Cat on Sun Aug 20th, 2017 at 01:27:27 PM EST
[ Parent ]
I am not a lawyer, and my interest in Justice in Ireland is focused on restorative justice.  So, alas, I am not well equipped to brief you on matters of justice in Ireland more generally. But you may find the linked article of interest.

Index of Frank's Diaries
by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sun Aug 20th, 2017 at 03:01:29 PM EST
[ Parent ]
Thank you for that information.

I sympathize with you and all people who endeavor and have endeavored with word and deed to alter the course of injustice where found in law --the code of socially acceptable and socially unacceptable behaviors.

This penance 'bout broke my heart: "1. Writing about who was affected by their actions and how, what they have learned from their experience and what they would do differently in a similar situation in future...." Were you to enter a sentencing hearing in any parts of the US criminal court, you'd hear the same pleas. And all too often the same, ruthless response from the penitentiaries.

Redeem Yourself

Histories, tragedies, discretion and mercy, states' budgets, charitable donations, volunteer and paid hours are littered with such experiments to test that common wisdom and common law of justice that harbors nothing but retribution demanded by the "offender's" peers, the society from which he or she emerges. As if they'd no guilt --responsibility for-- the creation, violation, and consequences of the laws which bind them.

Make Me Whole

I commend you for accepting those responsibilities in a manner that repairs the dignity of the convicted and may enjoin the anger of the plaintiffs with reconciliation that this remedy offers them. It ought to be sufficient punishment tied to the inevitable loss of liberty this discipline requires to restore peaceful society. (But here we are, quibbling how much is too much interest added to principal borrowed.)

That is after all the purpose of law, is it not?


Diversity is the key to economic and political evolution.

by Cat on Sun Aug 20th, 2017 at 07:44:11 PM EST
[ Parent ]
(This one erupted from my brother. < wipes tears > One for the ages.)

The purpose of law is to facilitate business.

Diversity is the key to economic and political evolution.

by Cat on Sun Aug 20th, 2017 at 08:00:04 PM EST
[ Parent ]

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