Is Luke Mitchell guilty - your views

[Nicholas]

Pretty much the same as everyone else does Stephanie - through the merits of the case. How do YOU gauge factual innocence? It would be interesting to know this considering you were the one to bring factual innocence into the conversation.

I asked you first 

[justsaying]

"Lord Nimmo Smith said he could not recall an occasion when he detected any sign of emotion in the teenage killer. "It may be that a lack of emotional response made you more readily able to inflict harm on others," he said.

The judge also linked Mitchell's use of cannabis to the killing. "I do not subscribe to the notion that this is a harmless recreational drug," he said. "In your case, I think that it may well have contributed to your being unable to make the distinction between fantasy and reality which is essential for normal moral judgments
https://www.theguardian.com/uk/2005/feb/12/ukcrime.kirstyscott

I do not agree with the judge - there should have been expert opinion on that matter. An 'addiction' to cannabis is not the same as an addiction to hard drugs - there has been much debate on this which is available on the internet and opinion appears to differ somewhat.

[justsaying]

I asked you first 

You did. And I very kindly replied.

[Nicholas]

You did. And I very kindly replied.

Okay;

how does Sandra Lean gauge actual factual innocence?

[Nicholas]

I do not agree with the judge - there should have been expert opinion on that matter. An 'addiction' to cannabis is not the same as an addiction to hard drugs - there has been much debate on this which is available on the internet and opinion appears to differ somewhat.

"Lord Nimmo Smith said he could not recall an occasion when he detected any sign of emotion in the teenage killer. "It may be that a lack of emotional response made you more readily able to inflict harm on others," he said

[justsaying]

Okay;

how does Sandra Lean gauge actual factual innocence?

I cannot answer for other people, nor would I want to.

[Nicholas]

I do not agree with the judge - there should have been expert opinion on that matter. An 'addiction' to cannabis is not the same as an addiction to hard drugs - there has been much debate on this which is available on the internet and opinion appears to differ somewhat.

Was there expert opinion on this?

[justsaying]

"Lord Nimmo Smith said he could not recall an occasion when he detected any sign of emotion in the teenage killer. "It may be that a lack of emotional response made you more readily able to inflict harm on others," he said

Whichever way he reacted would have come under attack, I think that is fair to say.

[justsaying]

Was there expert opinion on this?

On the effects of cannabis? I do not know, but if not I believe there should have been considering the judge's remarks.

[Nicholas]

I cannot answer for other people, nor would I want to.

"One area where public perceptions and the reality of the CJS are thrown into sharp relief is that of miscarriage of justice, and, more specifically, wrongful conviction of the factually innocent.
The definition of wrongful accusation and conviction of the factually innocent, for the purposes of this study, are those accusations and convictions which began with a police investigation that concluded that there was a case against an individual which was both chargeable, and actionable in a court of law, that individual maintaining that s/he did not commit the crime

Miscarriages of Justice and wrongful conviction of the factually innocent (Naughton, 2004) (emphasis added), rather than systemic or procedural failings.
https://dspace.stir.ac.uk/bitstream/1893/11691/3/Thesis%2Babsolute%2Bfinal.pdf

[justsaying]

"One area where public perceptions and the reality of the CJS are thrown into sharp relief is that of miscarriage of justice, and, more specifically, wrongful conviction of the factually innocent.
The definition of wrongful accusation and conviction of the factually innocent, for the purposes of this study, are those accusations and convictions which began with a police investigation that concluded that there was a case against an individual which was both chargeable, and actionable in a court of law, that individual maintaining that s/he did not commit the crime.https://dspace.stir.ac.uk/bitstream/1893/11691/3/Thesis%2Babsolute%2Bfinal.pdf

I cannot understand why you would ask me when you already know the answer.

[Nicholas]

Whichever way he reacted would have come under attack, I think that is fair to say.

I disagree.

The fact he showed no emotion is telling

[justsaying]

I disagree.

The fact he showed no emotion is telling

You are allowed to disagree, as am I. Had he showed any emotion it would have been said that his tears were for himself and his situation.

[jixy]

 

[Nicholas]

Had he showed any emotion it would have been said that his tears were for himself and his situation.

We are referring to a child of 14 years old

Don't you find his lack of emotional response remarkable?

[Name removed]'s mother referred to him as a sociopath