Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all! We have been experiencing an issue on site where threads have been missing the latest postings. The platform host Vanilla are working on this issue. A workaround that has been used by some is to navigate back from 1 to 10+ pages to re-sync the thread and this will then show the latest posts. Thanks, Mike.
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Law Question

  • 09-09-2012 1:41am
    #1
    El Inho
    Registered Users Posts: 3,655 ✭✭✭


    While watching Breaking Bad I got to thinking...

    If a man is imprisoned for drug dealing...say weed (forget the likelihood), and after a year of a three year sentence, weed is made legal.

    Would the man be released?

    I'm sure there may be a better example...or even a real life one. Has anyone heard of such a thing?


Comments

  • #2
    Killer Wench
    Registered Users, Registered Users 2 Posts: 2,386 ✭✭✭Killer Wench


    El Spearo wrote: »
    While watching Breaking Bad I got to thinking...

    If a man is imprisoned for drug dealing...say weed (forget the likelihood), and after a year of a three year sentence, weed is made legal.

    Would the man be released?

    I'm sure there may be a better example...or even a real life one. Has anyone heard of such a thing?

    No, the drug was illegal at the time he was convicted. It isn't about the substance, per se, it is about violating the social contract with the state.


  • #3
    Tombi!
    Registered Users, Registered Users 2 Posts: 6,689 ✭✭✭Tombi!


    Far as I know Killer Wench is right. But I think they might be allowed to appeal on the fact they served the sentence and it's legal now.


  • #4
    B.A._Baracus
    Registered Users, Registered Users 2 Posts: 11,206 ✭✭✭✭B.A._Baracus


    ^^ Wouldnt that mean that they have a chance to appeal tho?


  • #5
    DEFTLEFTHAND
    Registered Users Posts: 16,500 ✭✭✭✭DEFTLEFTHAND


    If you're convicted of a crime when its on the statute books my opinion would be that the conviction and sentencing would stand. It's a good question though and would spark an interesting legal debate.


  • #6
    policarp
    Registered Users, Registered Users 2 Posts: 3,664 ✭✭✭policarp


    Do the crime
    Do the time. . .


  • Advertisement
  • #7
    El Inho
    Registered Users Posts: 3,655 ✭✭✭El Inho


    Well it's kinda like making speeding an off the road offence. Then going back over the books and taking everyone with speeding points off the road.

    Kinda.


  • #8
    christ on a bike!
    Closed Accounts Posts: 476 ✭✭christ on a bike!


    Laws, and by extension, repealing of laws aren't retrospective*




    *There are exceptions that I can't remember and certainly wont look up now


  • #9
    minidazzler
    Registered Users, Registered Users 2 Posts: 14,739 ✭✭✭✭minidazzler


    El Spearo wrote: »
    Well it's kinda like making speeding an off the road offence. Then going back over the books and taking everyone with speeding points off the road.

    Kinda.

    No, it's not like that at all. That would be counted as 2 punishments for the same crime.


  • #10
    DEFTLEFTHAND
    Registered Users Posts: 16,500 ✭✭✭✭DEFTLEFTHAND


    christ on a bike! wrote: »
    Laws, and by extension, repealing of laws aren't retrospective*




    *There are exceptions that I can't remember and certainly wont look up now

    Why won't you? Get on Westlaw immediately..:D


  • #11
    retroactive
    Registered Users Posts: 292 ✭✭retroactive


    El Spearo wrote: »
    Well it's kinda like making speeding an off the road offence. Then going back over the books and taking everyone with speeding points off the road.

    Kinda.

    Article 15.5.1 of our constitution provides for the prohibition of retroactive penal legislation. So no, it's not kinda like that. (15.5.1 inspired my username)

    If you define law as having a social contract with the state then it can be easily be a case of removing the 'substance issue' and punishing the actual violation. However, I subscribe to a more transiant approach based on societal values - making that contract a two way street reflecting the changing nature of our laws, culture and community. I suspect many judges would feel the same way too.


  • Advertisement
  • #12
    Kylo Ren
    Registered Users, Registered Users 2 Posts: 10,364 ✭✭✭✭Kylo Ren


    I AM THE ONE WHO KNOCKS


  • #13
    El Inho
    Registered Users Posts: 3,655 ✭✭✭El Inho


    minidazzler wrote: »
    No, it's not like that at all. That would be counted as 2 punishments for the same crime.

    like that movie....

    the towering inferno.


  • #14
    policarp
    Registered Users, Registered Users 2 Posts: 3,664 ✭✭✭policarp


    El Spearo wrote: »
    While watching Breaking Bad I got to thinking...

    If a man is imprisoned for drug dealing...say weed (forget the likelihood), and after a year of a three year sentence, weed is made legal.

    Would the man be released?

    I'm sure there may be a better example...or even a real life one. Has anyone heard of such a thing?

    Good Friday agreement . . .Maybe. . .
    Otherwise, out after a quarter of the sentence. . .


  • #15
    Manic Moran
    Moderators, Society & Culture Moderators Posts: 16,465 Mod ✭✭✭✭Manic Moran


    If the law in question was found to be un constitutional, the prisoner would stand an excellent chance for immediate release, and possible compensation


  • #16
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Manic Moran wrote: »
    If the law in question was found to be un constitutional, the prisoner would stand an excellent chance for immediate release, and possible compensation
    http://www.rte.ie/news/2006/0523/sex.html
    Tell that to the guys who took were in gaol for the same offence at the time of this decision and then took a challenge!


Advertisement