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htownzoro
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Posted on 07-13-10 11:48
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HOUSTON—A 25-year-old Houston man was charged with three counts of intoxication manslaughter late Monday in a crash that killed three teenage girls last week. Prosecutors say Sajan Timalshina was drunk behind the wheel of a Toyota Camry when he ran a red light and smashed into a Ford Excursion on July 9. The crash occurred around 1:30 a.m. as Timalshina was headed north on the Highway 59 feeder and the SUV, which was carrying two adults and five teenagers, was headed east on the Sam Houston Tollway feeder. Two of the teen passengers – 13-year-old Avianca Cortez and 17-year-old Rashaunda Raleigh – were ejected from the SUV and died at the scene. A third passenger, 13-year-old Detrihanna Davis, died the next day at the hospital. They were not wearing seatbelts, police said. The other occupants of the car were taken to the hospital in serious condition and have since been released. According to court documents, Timalshina failed field sobriety tests at the scene. When police asked for a voluntary blood sample, Timalshina refused, but officers were able to get an involuntary sample because the accident was fatal. That sample was taken at Ben Taub about three and a half hours after the crash and registered a blood-alcohol level of 0.075, police said. After performing a retrograde analysis of the sample, officers determined Timalshina’s blood-alcohol level at the time of the accident was between 0.127 and 0.162. In Texas, a person whose blood-alcohol level is 0.08 or higher is legally intoxicated. According to court documents, Timalshina gave a voluntary statement to officers after the crash, saying that he was driving his brother’s Camry, had worked a 16-hour day and was confused about where he was going because he was tired. Timalshina told officers he’d seen a green light farther up the road and mistakenly thought it was the nearest signal when he ran the red light and hit the SUV. In a second statement, Timalshina told police he’d had a 12 oz. Corona at his brother’s work just before 1 a.m., but he’d only consumed a fourth of the beer. Police said a big-rig driver, who waiting at the red light at the time of the crash, saw the whole thing. "When the light turned green, he noticed that the Toyota Camry traveling north was traveling at a high rate of speed and he felt that he wasn’t gonna stop so he stayed where he was at," said HPD Sgt. I. Izaguirre. "But the Ford Excursion didn’t see that car..." One of the surviving girls, 14-year-old Necie Davis, described herself going in and out of consciousness after the crash. "I felt the car hit the other car and then after that I just blanked out and when I kind of looked around and Avianca Cortez was laying on top of me and I was trying to see if she was still here," said Davis. "I was trying to get her up, but I couldn’t really move." Davis, who was released from the hospital late Friday, said she and her friends were on their way home from a party when they were hit. "We always went places with each other," said Davis. "I wish I could see them one last time at least. I didn’t get to tell them I love them or anything." Timalshina's bond was set at $150,000
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ImSarcastic
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Posted on 07-16-10 10:27
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Attempt #3:You did not even answer my question..... @ Pire: what proportion of jail time in your opinion should a drunk driver face who takes away lives of 3 people? In your opinion how many years do you think this guy should be sentenced to?
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Slackdemic
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Posted on 07-16-10 10:39
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One of the numerous examples of how justice system "works" in Nepal.
A relevant post from mysansar.com:
के दशा लाग्यो नि श्रीमानज्युलाईBy Salokya, on July 16th, 2010 हेटौडाका पुनरावेदन अदालतका श्रीमान अर्थात् न्यायाधीश तेजबहादुर कार्कीलाई साह्रै दशा लागे जस्तो छ। केही वर्षअघि भैरहवा जिल्ला अदालतमा काम गर्दा उनलाई श्रीमान भन्ने श्रीमति मन्जु हालका सिंचाइ मन्त्री बालकृष्ण खाँडले भगाइदिएका थिए। श्रीमति मात्र हो र, गरगहना र घरसहितको सम्पति पनि। सिंचाइ मन्त्री खाँड अहिले कामचलाउ बनिसकेको मन्त्रिमण्डलका सबभन्दा धनी मन्त्री हुन्। हेर्नुस् उनैले प्रस्तुत गरेको सम्पति विवरण यहाँ क्लिक गरेर। श्रीमतिलाई नेताले भगाए पनि छोराछोरीलाई पालनपोषण गर्दै आएका कार्कीलाई अहिले फेरि न्याय परिषद्ले निलम्बन गरिदिएको छ। उनले अब न्यायाधीशको हैसियतमा कुनै कामकाज गर्न पाउने छैनन्। फैसला गर्दा पैसामा बिकेको आरोप उनीमाथि छ। डा. भक्तमान श्रेष्ठको अपहरण काण्डमा तानिएको हो यो केस। तेजबहादुर कार्की काठमाडौँ जिल्ला अदालतका न्यायाधीश थिए। दुई वर्ष अगाडि त्यहीँ न्यायाधीश हुँदा उनले घुस खाएर हो कि के गरेर हो, लागू हुनै नसक्ने कानुन लागू गरेर अपराधको अभियोग लागेकालाई छाडिदिएछन्। त्यही छाडिएकाहरुले छोडिनका लागि लागेको खर्च जुटाउन डा. भक्तमान श्रेष्ठको अपहरण गरेका रहेछन्। भक्तमानका अपहरणकारीले प्रहरीलाई बयान दिँदा अदालतबाट छुट्न ७० लाख खर्च भएको अनि त्यही खर्च जुटाउन अपहरण गरेको बताएका थिए। आदेशबाट छुटेका मध्ये एक जना सन्जय श्रेष्ठ डा. भक्तमानको अपहरणमा संलग्न भएको आरोपमा हाल प्रहरी हिरासतमा रहेका छन्। अन्य दुई रोहित पालिवाल अग्रवाल र भीमसेन पण्डित भने फरार छन्। अपहरणकारीको बयानपछि अदालत क्षेत्रमा तहल्का मच्चिएको थियो। अनि फेरि खोलियो त्यो विवादास्पद फैसलाको फाइललाई। अन्ततः न्याय परिषद् टुंगोमा पुग्यो तत्कालीन जिल्ला न्यायाधीश कार्कीले अपहरण तथा शरीर बन्धन मुद्दामा प्रयोग हुन नसक्ने कानुनलाई आधार बनाई त्यसका प्रतिवादीलाई तारेखमा राखी मुद्दाको पुर्पक्ष गर्ने आदेश दिएको रहेछ। त्यसपछि परिषद्ले दुई वर्षअघि काठमाडौँ जिल्ला अदालतमा कार्यरत रहँदा उनले अख्तियार दुरुपयोग गरेको ठहर गर्दै हाललाई काम नगर्न आदेश दिँदै निलम्बन गरेको हो। उक्त मुद्दा फैसला गर्दा अनियमिता भएनभएको छानबिन गरी राय सहितको प्रतिवेदन प्रस्तुत गर्न परिषद्ले सर्वोच्च अदालतका न्यायाधीश बलराम केसीको अध्यक्षतामा एक सदस्यीय जाँचबुझ आयोग पनि गठन गरेको छ। न्यायाधीशको छानबिन न्यायाधीशले नै गर्ने! दूधको साक्षी बिरालो भने जस्तो। पहिले पनि न्याय क्षेत्रमा मौलाएको भ्रष्टाचारबारे धेरै कुरा उठिसकेको छ। तर त्यस्तालाई दण्ड हैन, पुरस्कार पाएको उदाहरण छ। केहीलाई सरुवा गर्ने नाममात्रको सजाय भएको छ। चरेस काण्डमा मुछिएका तत्कालीन न्यायाधीश परमानन्द झा त अहिले उपराष्ट्रपति नै छन्। देशभरका न्यायाधीशमाथि ७० वटा भ्रष्टाचारका उजुरी परिसकेको छ। केहीको छानबिन पनि भएको छ तर परिषदले कारबाही हैन चोख्याउने काम गरिरहेको आरोप छ। अब यी श्रीमतिबाट समेत पीडित श्रीमानज्युलाई मात्र के कारबाही होला त खै!
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newlynew
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Posted on 07-16-10 10:41
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ImSarcastic: I belive Mr. wiseguy Pire would recommend three severe slaps in the wrist. One each for the three murder counts. Or should that be just one slap because the additional slaps will most likely not add any value to the reform of the fugitive here as he would have learnt his lesson from the very first slap he would have received... That's Pire justice system for you...
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pire
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Posted on 07-16-10 10:55
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ImSarcastic, I was ignoring you. I control who I want to respond and who I don't. This is my freedom. The reason why I didn't respond to you is because I read your comments and I realized that you are not worth responding. I hope this satisfies you.
Newlynew, This is too you also. I can respond to you in your manner. So you want me to be run over by someone? I knew that is the extent of your logic. Just read what you have written so far. (My feeling is you are one of those who is married to old, uneducated redneck of this land for greencard and is desperately trying to justify your stay here. Hope it satisfies you. and yes you can write whatever you want against me and I won't waste my time arguing with you because your head is not made up of anything to enable you to understand my arguments.)
Slackdemic: Isn't that an example of a system that is actually working? Now tell me how many of the murderers of Nepali students, convenient store workers have been caught here? The guy killed in his own convenient store in south carolina, the MP killed and burnt alive in Texas, students killed in texas...
Last edited: 16-Jul-10 10:57 AM
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newlynew
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Posted on 07-16-10 11:46
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Mr. WiseGuy Pire: Thanks for the wild guess but sorry your feeling about my marital status is plain wrong and I am not one of those who need to consider a fake marriage to get the Greencard. You may be but I can speak for only myself. Where did you read that I wanted you to be run over by the fugitive? I was sincerely hoping you would not be, please re-read my earlier post. You are avoiding an answer to ImSarcastic question because you have no freaking clue what you want to do with the drunk driver who just slaughtered 3 innocent kids. Now that you have chosen to sound like an ultra-liberal in your views, what really would you do with him, seriously? Would you even consider sending him to jail if it was upto you? Let's face it... The guy has clean record before this incident. The guy definitely did not intentionally kill these kids... Considering this, how would you deal with him?
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ImSarcastic
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Posted on 07-16-10 11:49
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Pire wrote: ImSarcastic, I was ignoring you. I control who I want to respond and who I don't. This is my freedom. The reason why I didn't respond to you is because I read your comments and I realized that you are not worth responding. I hope this satisfies you. I guess that makes him the best debater in the entire sajha nation, you bring out an argument and don't have backup to support it. you should be nominated for the sajha personality of the year. again: ATTEMPT #4 You did not even answer my question.....@ Pire: what proportion of jail time in your opinion should a drunk driver face who takes away lives of 3 people? In your opinion how many years do you think this guy should be sentenced to?
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newlynew
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Posted on 07-16-10 11:57
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I hearby certify His Wiseness Pire Bir Bikram Shah Dev the Emperor of the reasoning and debating skills in the entire universe of sajha... Congratulations...
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geek1
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Posted on 07-16-10 12:23
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PIRE JI: U haven't replied to me too. I guess i am also not worth responding. So, what kind of a judicial system do you want?? A judicial system that could not even give justice to victims of thousands people, instead were appointed leaders of the country?? or are you talking about judicial system that lets bus drivers or truck drivers let free paying certain amount of money when they run over people intentionally (this happened to one of my fren). there are many more. You be a judge. I need answer.
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Rewire
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Posted on 07-16-10 12:30
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Pire Speaking from your hypothesis that Nepal's penal system is better than the US and those incarcerated people change their life after short sentencing, is so vague. Where is the data? The crimes that occur in Nepal and US is very different in nature. They have serial killers who kill people just for fun, some have eaten human beings literally. I'm assuming that you'll not bring Nepali Maoist killing more than that and turn the subject around, hope not. There is a reason why they have some "cruel and barbaric" law. Some criminal (hard criminals) in the US absolutely do not deserve to be live, let alone being freed. The complexisty of the culture brings a different sort of crime and criminals. Have you heard the term eco-terrorist? Yeah...try to find that concept in Nepal. BTW, drunk driving is Nepal is much safer, we barely drive more than 10m/h, so 90% accident is NON fatal. For those people who are watching too many episode of 60 minutes, please stay within the subject matter, and it is DRUNK DRIVER =====>DEATH and nothing else. There is plethora of studies regarding drunk driving and you can get those accurate data from your local library, police station and city hall. Unlike Pire who cannot provide where he got the data of Nepali penal, judicial system and effectiveness, which he raves about. If you have no national data to reflect your claim, then it cannot be considered a fact. Say anything you want, but to say so adamantly about it, makes you less credible.
Regarding all those injustice that happened to your fellow Nepali
brother, it is feasible that justice will be served sometime in the
future. There are hundreds of cases where people have been convicted
after 50 years of a crime they got away with. Remember Grim Sleeper
(maybe a week ago in the news) in California who got caught after 2
decades, by matching his son's DNA to the crime. American justice system
can go blurry often, but it is NOT blind. Have faith.
Last edited: 16-Jul-10 12:42 PM
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syanjali
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Posted on 07-16-10 12:32
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I think this thread is going to end with personal attack(Forget about this DUI guy, who became a fugitive). We are seeing the trend trend that once you wrote something that is not logical, obviously you may try to back up little more but please do not let these hooligans run behind you and do you see that some of them still want one in one answer.Some of us are awaiting for a chance to mock, may be in past they have been faced and it is the chance to take it out or it is our typical character. Some of us are very good on provoking as well keep running after him/her with personal grudge and keep poking to make the thread a joke. You know whom I am talking about. So, What is the conclusion after all 107+1 comments ? Let me ask who scored the highest point.
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pire
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Posted on 07-16-10 12:55
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Rewire:"Speaking from your hypothesis that Nepal's penal system is better than the US and those incarcerated people change their life after short sentencing, is so vague. Where is the data? "
I didn't make that hypothesis and please quote me where I made such hypotheses.
In case you don't know, I consistently made two points: that our legal system have two really good points despite all our flaws. One :it is predicated in our faith on the reforming power of penitentiary, and so we prefer shorter jail sentence. Second, we are against death penalty. All my arguments so far are based on these two premises, which requires no data.
Again, note I have never said there exists a definitive study saying Nepal's system is more efficient in reducing recidivism than Americans, but I don't think there is any study that says American system is efficient either. I have actually searched for some papers in scholar.google.com for this. And I have read a presentation by a very famous social scientist about penal system in the states. The overall feeling among most of them is that it is becoming unwieldy and perhaps not working at all.
You write: "There is plethora of studies regarding drunk driving and you can get those accurate data from your local library, police station and city hall. Unlike Pire who cannot provide where he got the data of Nepali penal, judicial system and effectiveness, which he raves about."
Getting raw data and processing them is different matter. Earlier I wondered whether there exists any comparative study comparing US and another country (Nepal or something similar to Nepal). I wondered if there exists any study about recidivism in Nepal and whether there is significantly higher instances of recidivism in Nepal because we send people to shorter jail sentence. No where in my postings did I say anything more than that. If a representative prisoner released from Nepal after a brief inning for a crime is less likely to commit the crime again than the prisoner released after serving lengthy prison sentence for similar crime in the states, then we would be in a position to make some definitive statement.
We all know US has alot more inmates than the rest of the world, and I don't think it is because Americans are particularly more criminal minded. (read , for example, this report, http://www.commondreams.org/headlines03/0601-01.htm ) I believe that criminality is identically and uniformly distributed among a randomly selected population, and there is no basis to claim that Americans are more criminal, ceteris paribus, than the rest and deserved to be sentenced for lengthy periods. I don't see any justification for lengthy jail sentences, and capital punishments.
The things I rave about Nepal's penal system don't need data. One is shorter sentence for criminals and the other is absence of life system. It is a lenient system, but this conforms to my belief against harsh, cruel and barbaric sentences.
In any case, it is wise to quote me before accusing me of anything, if you would like to be engaged in a reasonable discussion. ========
To others, if I am not responding to you, what more proof do you need about what I think about you ? Haven't you heard of a Nepali proverb: kukur bhukdai garchha, hatti hiddai garchha? My time is too much precious to respond to each of you and I hope you understand this simple fact. Or do you want me to tell you guys at your face? Have some self-respect guys. In any case, you can curse me as much as you want, as you know there is this beautiful Nepali ukhan, 'jhingako saraap le dinga mardaina'.
Last edited: 16-Jul-10 12:59 PM
Last edited: 16-Jul-10 01:03 PM
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Srijana 12
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Posted on 07-16-10 12:59
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I could not stop writing in this thread:
I have a simple question to you guys:
What kind of punsihment should we give to a driver in Nepal who hits a child (accident?), and the child becomes injured and start crying for help, the driver come back and run his vehicle over the injured child and stops his crying forever? The driver pays some money to .....I do not know whom and start driving again.
Here you go, Nepali justice system. In my view, such barbaric incident does not happen in US road. Forgive me If I am wrong.
Guys lets do something to change the law in Nepal. I can not breath well when I hear such news.
Forget the incident in Houston, that was an accident (the accident is said to be done by drunken driver?).
Last edited: 16-Jul-10 01:03 PM
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geek1
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Posted on 07-16-10 1:15
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PIRE U R A PATHETIC LOSER...KISS MY A**.
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newlynew
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Posted on 07-16-10 1:46
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Your wiseness Pire:
Once again, you fail to answer what the right punishment would be for the killer here. Regardless of how much bullsh*t you try to feed us here, you fail to apply your stupid theories on a particular clear-cut case like this. You as someone else point out are nothing but a pathetic loser, with due respect, Sir...
Last edited: 16-Jul-10 01:54 PM
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Rewire
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Posted on 07-16-10 1:58
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Pire Ji"Recidivism" is an act of human nature. It has nothing to do with culture, countries and race.
More than 50% of drunk driver will repeat the offense again, some will do it again and again. It has been studied and documented. It's very lenient compared what really needs to happen since there is so much fatality related to it. All they do is take away your license and pay the fee. How's that not a good treat for "recidivism"? I've been drunk and drove my bike day in day out, even after being caught by traffic many many times( lots with giving bribe) back in Nepal. Everybody does that.
"Sex Offenders, pedophiles"-- their recidivism is proven by facts that they will repeat it again and again. In a perfect world, they should never be let loose, yet the law in the US allows them to get back to normal except to register with the city. How's that NOT a good deed from the part of the judicial system? Guess what....Nepali people will do the same in those cases. The only thing that separated us from them---we do not have any data. Same thing with murders and other serious crime. Some will stop and some won't. One of the most important thing that you're forgetting in this whole mess is- punishment is NOT only to reform but also as a payment (physical,metal or spiritual) to the victim for their loss. Put yourself in their shoes. How's 2 years in jail going to justify if your father was killed by your neighbor? Will you be fine with that?
"I wondered if there exists any study about recidivism in Nepal and whether there is significantly higher instances of recidivism in Nepal because we send people to shorter jail sentence"
So it is all base don "I wonder"
"Getting raw data and processing them is different matter"
To study about anything in the real world it starts with raw data (simple science), at least they have plenty in the US. Comparative analysis also brings biased view to reflect on the person's belief who is doing the study. It should be thoroughly investigated by people of the both nation for more accuracy. I do not rely on some guy's PhD paper, I need more than, few atleast.
So all and all, you're admitting there is no data to back your statement. Atleast the US has some "raw" ones. You have your rights to disagree (thank God for the Western Democracy) and I'll not fight with you over it (unlike in Nepal).But since most people posting here are on my side and you have no real world data to present, you should at-least be saying "I don't know, I COULD be wrong", at-least and NOT be so stubborn about it. Think about it.
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newlynew
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Posted on 07-16-10 2:12
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ImSarcastic
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Posted on 07-16-10 2:21
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Attempt #5: You did not even answer my question.....@ Pire: what proportion of jail time in your opinion should a drunk driver face who takes away lives of 3 people? In your opinion how many years do you think this guy should be sentenced to?
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pire
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Posted on 07-16-10 2:28
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Pire Ji "Recidivism" is an act of human nature. It has nothing to do with culture, countries and race. More than 50% of drunk driver will repeat the offense again, some will do it again and again. It has been studied and documented.
Just to be rigorous: What is the source for this statement?
"Sex Offenders, pedophiles"-- their recidivism is proven by facts that they will repeat it again and again.
Again, who proved it and which facts are we talking about? I am not countering what you said, I just want to point out that we need to be more rigorous to build our claim on any issues.
If you are trying to claim that offenders, (drunk drivers, sex offenders, pedophiles), are never going to improve and will forever remain the problem for the society, then why not we shoot them? Why should society pay for their incarceration? Afterall, California has been famous for spending more money in keeping prison than in universities (see the link:http://www.newsweek.com/2010/06/28/classrooms-or-prison-cells.html.) Would you agree with such punishment?
In a perfect world, they should never be let loose, yet the law in the US allows them to get back to normal except to register with the city. How's that NOT a good deed from the part of the judicial system?
How is that a perfect world? What kind of world would it be where everybody (drunk drivers like you, as you admitted, sexual molesters etc) is kept in jail forever? Who will feed them? Guess what....Nepali people will do the same in those cases. The only thing that separated us from them---we do not have any data.
It is not true.
You know before Muluki Ein was introduced by Jung Bahadur, there was a penal system where they would, for example, chop off the hand of a thief and capital punishment was rampant. Our ancestors thought it was cruel. Until Maoist insurgency came, Nepali people have always preferred less severe system, and pretty much all media report lauded the abolishment of capital punishment.
Same thing with murders and other serious crime. Some will stop and some won't. One of the most important thing that you're forgetting in this whole mess is- punishment is NOT only to reform but also as a payment (physical,metal or spiritual) to the victim for their loss. Put yourself in their shoes. How's 2 years in jail going to justify if your father was killed by your neighbor? Will you be fine with that?
Murder is a serious crime. And I don't know what I would do if my neighbor kills my father, but I know this for sure, I won't ask for capital punishment.
I am not sure punishments are meant for payment either. What payment can bring my father back?
Penal systems are not easy to determine. Only history and our judgement evolved over history help us determine it. For example, I always believe that only god has the right to take away our life. So, if a murderer kills a man, even me or my father, I wouldn't want him to be killed by state because the state is not the god. That's my belief.
"I wondered if there exists any study about recidivism in Nepal and whether there is significantly higher instances of recidivism in Nepal because we send people to shorter jail sentence"
So it is all base don "I wonder"
That's the key point. It has always been so. It's not like I changed my position. I cast doubt that American penal system is effective in what it purports to be doing.
"Getting raw data and processing them is different matter"
To study about anything in the real world it starts with raw data (simple science), at least they have plenty in the US. Comparative analysis also brings biased view to reflect on the person's belief who is doing the study. It should be thoroughly investigated by people of the both nation for more accuracy. I do not rely on some guy's PhD paper, I need more than, few atleast.
Yes. This is always the case. It is not like there are no raw data in Nepal ; it is hard to collect them because they are in missil filing system and are not centralized as of yet. But the good news, as I read yesterday in Kantipur, is that our court system is going electronic and all records will be available easily soon.
So all and all, you're admitting there is no data to back your statement.
Not only that, I made statement that my statement doesn't need data. I made the argument that I like the fact that we have no capital punishment, and shorter incarceration period (max 20 years for murder, I think). What data do you need to verify it? I wondered if we are doing better at addressing the issue of recidivism than the USA. I haven't made any statement regarding that all.
You have your rights to disagree (thank God for the Western Democracy) and I'll not fight with you over it (unlike in Nepal).
What do you mean, you would fight with me over it in Nepal? In Nepal, the problem is more democracy , not less, don't you think so? Anyone can say anything. Except perhaps against Maoists. But we have been discounting them anyway.
But since most people posting here are on my side and you have no real world data to present, you should at-least be saying "I don't know, I COULD be wrong", at-least and NOT be so stubborn about it. Think about it.
I hope you are wise enough to know that voting isn't a right way to decide things like this. As they say, voting would , in this same country, probably vote down Darwin! (It happened in some counties in Penn, Kansas , right?)
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ImSarcastic
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Posted on 07-16-10 2:43
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Get back to the point Pire....we were talking about someone with understanding, a capable person drinking and driving, killing and fleeing . What in your opinion then should the judicial system shoukd do if YOU were to punish this person. Lets forget about US system, i want to hear what you think is the right amount of time this person should be jailed for his crime? ok not even crime in your words accident? Give us an estimation then....what is the right amount of time this guy should serve jail time?
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Rewire
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Posted on 07-16-10 2:43
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" I always believe that only god has the right to take away our life. So, if a murderer kills a man, even me or my father, I wouldn't want him to be killed by state because the state is not the god. That's my belief."
I rest my case. You're biased with your religious belief. I feel sorry for you. I thought I was talking to a liberal, open minded, realistic and literate individual. There's one thing I cannot stand is people who is adamant about their religion and get stubborn defending everything about it. Muslim are not the only ones. With view like that, I wish you all the best with your future endeavor. Good luck.
Last edited: 16-Jul-10 02:44 PM
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