Kommentarer till Lennart Regebro http://lennartregebro.wordpress.com Politisk utsikt från en takvåning i Paris Sat, 14 Nov 2009 20:26:34 +0000 http://wordpress.com/ hourly 1 Kommentarer till Paul Clarke and the shotgun. av Staffan Malmgren http://lennartregebro.wordpress.com/2009/11/14/paul-clarke-and-the-shotgun/#comment-3374 Staffan Malmgren Sat, 14 Nov 2009 20:26:34 +0000 http://lennartregebro.wordpress.com/?p=495#comment-3374 In private law, there is such a possibility (RB 56:13) if both parties agree, but not in criminal law. A potential problem with having a similar procedure for criminal law is that is the accused effectively would lose his/her right to appeal, as the only proper trial would be in the supreme court. This seem to be permitted by ECHR (eg. protocol 7, article 2(2)) but still... In private law, there is such a possibility (RB 56:13) if both parties agree, but not in criminal law. A potential problem with having a similar procedure for criminal law is that is the accused effectively would lose his/her right to appeal, as the only proper trial would be in the supreme court. This seem to be permitted by ECHR (eg. protocol 7, article 2(2)) but still…

]]> Kommentarer till Paul Clarke and the shotgun. av Lennart Regebro http://lennartregebro.wordpress.com/2009/11/14/paul-clarke-and-the-shotgun/#comment-3373 Lennart Regebro Sat, 14 Nov 2009 18:16:49 +0000 http://lennartregebro.wordpress.com/?p=495#comment-3373 That's a good point. I did think of that case, but I hadn't thought about the interpretation you did, that lower courts find him guilty just to make a difficult case go upwards in the procedure. Maybe courts should simply be able to ask the next level to say "We think this is out of our league, do you want to take over" so you can get it up in the process without any sentencing. That’s a good point. I did think of that case, but I hadn’t thought about the interpretation you did, that lower courts find him guilty just to make a difficult case go upwards in the procedure.

Maybe courts should simply be able to ask the next level to say ”We think this is out of our league, do you want to take over” so you can get it up in the process without any sentencing.

]]> Kommentarer till Paul Clarke and the shotgun. av Staffan Malmgren http://lennartregebro.wordpress.com/2009/11/14/paul-clarke-and-the-shotgun/#comment-3372 Staffan Malmgren Sat, 14 Nov 2009 18:06:41 +0000 http://lennartregebro.wordpress.com/?p=495#comment-3372 The story sounds absurd, and I really hope there is something more to it. But it might be worth comparing it to the swedish case NJA 2003 s. 361, wherein a man, who had gotten possession of a bag, turned it in to the police four days after discovering that it contained a large amount of cocaine. He was initially sentenced to five years in jail for possession. The swedish supreme court did ultimately free him of all charges, which in it's reasoning looked at the purpose of the regulation (keeping cocaine out of circulation) and determined, in direct conflict with the written law, that he had not comitted a crime. I'm afraid that lower courts in general are reluctant to diverge from written law in the same way. The story sounds absurd, and I really hope there is something more to it. But it might be worth comparing it to the swedish case NJA 2003 s. 361, wherein a man, who had gotten possession of a bag, turned it in to the police four days after discovering that it contained a large amount of cocaine. He was initially sentenced to five years in jail for possession.

The swedish supreme court did ultimately free him of all charges, which in it’s reasoning looked at the purpose of the regulation (keeping cocaine out of circulation) and determined, in direct conflict with the written law, that he had not comitted a crime. I’m afraid that lower courts in general are reluctant to diverge from written law in the same way.

]]> Kommentarer till Some random thoughts on the Fall of the Wall av Lennart Regebro http://lennartregebro.wordpress.com/2009/11/09/some-random-thoughts-on-the-fall-of-the-wall/#comment-3369 Lennart Regebro Sat, 14 Nov 2009 17:26:52 +0000 http://lennartregebro.wordpress.com/?p=486#comment-3369 "I don’t know where it’s written that freedom will win in the end" In my blog. ;) "And what freedom? Freedom to have ever more kids? Freedom to carry guns? Freedom from taxes? " Yes. "My thought is that in our lifetimes, we may have seen the best of it." It's certainly a theoretical possibility that politicians will come out on top and we'll get a global dictatorship, but I don't think so. Why would a trend that has been going on for at least several hundred years suddenly be broken? In the short term, absolutely, but in the long term? ”I don’t know where it’s written that freedom will win in the end”

In my blog. ;)

”And what freedom? Freedom to have ever more kids? Freedom to carry guns? Freedom from taxes? ”

Yes.

”My thought is that in our lifetimes, we may have seen the best of it.”

It’s certainly a theoretical possibility that politicians will come out on top and we’ll get a global dictatorship, but I don’t think so. Why would a trend that has been going on for at least several hundred years suddenly be broken? In the short term, absolutely, but in the long term?

]]> Kommentarer till Some random thoughts on the Fall of the Wall av Russ Ferriday http://lennartregebro.wordpress.com/2009/11/09/some-random-thoughts-on-the-fall-of-the-wall/#comment-3368 Russ Ferriday Sat, 14 Nov 2009 17:20:55 +0000 http://lennartregebro.wordpress.com/?p=486#comment-3368 It's a great story, Lennart, and I'm happy that what must have been a nightmare for many people has come to an end. I'll have to take your word for the last bit. I don't know where it's written that freedom will win in the end. And what freedom? Freedom to have ever more kids? Freedom to carry guns? Freedom from taxes? Freedom in the in eye of the beholder. And I'm not sure it's getting better. In the coming years, I foresee massive changes, that will seem perverse to about half of the people. And we can't get around these changes. We have to follow through. My thought is that in our lifetimes, we may have seen the best of it. Best wishes, --r It’s a great story, Lennart, and I’m happy that what must have been a nightmare for many people has come to an end.

I’ll have to take your word for the last bit. I don’t know where it’s written that freedom will win in the end. And what freedom? Freedom to have ever more kids? Freedom to carry guns? Freedom from taxes?

Freedom in the in eye of the beholder.

And I’m not sure it’s getting better. In the coming years, I foresee massive changes, that will seem perverse to about half of the people. And we can’t get around these changes. We have to follow through.

My thought is that in our lifetimes, we may have seen the best of it.

Best wishes,

–r

]]> Kommentarer till Så många fel på en gång av Lennart Regebro http://lennartregebro.wordpress.com/2009/10/13/sa-manga-fel-pa-en-gang/#comment-3367 Lennart Regebro Wed, 04 Nov 2009 12:02:34 +0000 http://lennartregebro.wordpress.com/?p=484#comment-3367 Men Frankrike är ju drivande i dom här dumheterna. Men Frankrike är ju drivande i dom här dumheterna.

]]> Kommentarer till Så många fel på en gång av Per Thulin http://lennartregebro.wordpress.com/2009/10/13/sa-manga-fel-pa-en-gang/#comment-3366 Per Thulin Wed, 04 Nov 2009 11:48:58 +0000 http://lennartregebro.wordpress.com/?p=484#comment-3366 Lennart, koppla av. Du bor i ett annat land nu. Njut! :) Lennart, koppla av. Du bor i ett annat land nu. Njut! :)

]]> Kommentarer till Marx och vetenskapen: 2. Ekonomiska teorier av Lennart Regebro http://lennartregebro.wordpress.com/2008/03/04/marx-och-vetenskapen-2-ekonomiska-teorier/#comment-3365 Lennart Regebro Wed, 14 Oct 2009 14:13:22 +0000 http://lennartregebro.wordpress.com/?p=337#comment-3365 Det låter som om du skulle läsa instruktionerna för kommentarer på den här bloggen. Det låter som om du skulle läsa instruktionerna för kommentarer på den här bloggen.

]]> Kommentarer till Marx och vetenskapen: 2. Ekonomiska teorier av Gustaf http://lennartregebro.wordpress.com/2008/03/04/marx-och-vetenskapen-2-ekonomiska-teorier/#comment-3363 Gustaf Wed, 14 Oct 2009 13:59:43 +0000 http://lennartregebro.wordpress.com/?p=337#comment-3363 Det låter som du skulle behöva öva på att ta kritik. Du påminner nästan lite om Freud. Det låter som du skulle behöva öva på att ta kritik. Du påminner nästan lite om Freud.

]]> Kommentarer till Så många fel på en gång av Helena Palena http://lennartregebro.wordpress.com/2009/10/13/sa-manga-fel-pa-en-gang/#comment-3362 Helena Palena Wed, 14 Oct 2009 13:09:15 +0000 http://lennartregebro.wordpress.com/?p=484#comment-3362 Dom kallas visst för nyttiga idoter oxå! Dom kallas visst för nyttiga idoter oxå!

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