Wednesday, July 22, 2009

ZenTiger Every-one uses the defence of provocation

Provocation is all the rage at the moment. Admittedly, it's seen as a Clayton's excuse, but if I've seen it once, I must have seen it 216 times.

The person that provoked this provocation was not actually Weatherston, although he did take a stab at it. It was some other dude that wasn't too happy with a come-on from a gay person, and felt sufficiently provoked to kill him, and justify this as a backdoor defence against murder. To complicate matters, what appears to be an over-reaction may have been provoked by some date rape drugs. If that rumour is true, then provoked he was.

Then the Greens and Labour maintain they were provoked into running an official non-binding ad-hoc meeting in Bellamy's to discuss their bank fees. Apparently, National weren't suitably provoked into investigating the Banks declining profits, and Labour are now running with scissors to prove just how wild and dangerous they can become when callously provoked by being ignored.

The coming referendum on if a smack should be a criminal offense is a result of extreme provocation by the Greens. They say the threat of parental discipline was so horrific, it provoked them to ban discipline outright.

That provoked three hundred thousand signatures saying it was overkill. That in turn provoked John Key to say that all these people are against him because he's brilliant and charming and quite fancies himself as a University Tutor when the PM gig is over.

Whilst some see a referendum as an extreme over-reaction, a small but vociferous crowd think smacking provokes child abuse. So does poverty, drugs, lack of education, cultural malaise and photos of Sue Bradford. If we remove provocation as a defence, then these things will theoretically become illegal and child abuse will naturally be eradicated. At least that's what the Greens say, and they took the stand under oath to explain exactly why they are right and the world is wrong.

Another person who was prepared to take the stand was Dame Sian Elias. Our Chief Justice provoked some discussion by suggesting we find the guilty, we send them to court, we rule, and then we let them go. It's the Chief Justice's way of saying that society is to blame, seemingly forgetting that those like Sophie are paying the price. But more importantly than that, it's a new brilliant plan for keeping the prisons empty.

Keeping the prisons empty is what justice is all about you see. This cutting edge plot provoked a few people to declare the Emperor has no clothes, and then the coiffured mob promptly gave those brave souls a dressing down for daring to speak about the material facts.

Which perhaps provoked the government into voicing grave concerns that discussing murderers before the judge has regretfully put them in a crowded prison is a sign the blogs are getting too powerful. "The blogs". Hah! I bet no-one's even reading this. Maybe they just mean Whaleoil and KiwiBlog? No matter, the Government's reaction will probably be disproportionate to the offense, but that excuse of provocation comes in handy for occasions such as this.

It seems every-one uses the defence of provocation. Do we have to ban it if not every-one gets away with it? Will this simply result in more pleas of self defence, the ultimate response to provocation?

If Clayton Weatherston - psychopathic, self-absorbed, narcissist tutor (is tutor redundant in this context?) can't get away with the defence of provocation what hope is there for the rest of us?

I rest my case.

2 comment(s):

Anonymous said...

It seems to me that the powers that be want victims to die as quickly as possible, without putting up any fight, and just let the cops pick up the pieces at their leisure.

You have to admit, it will make collecting raw data that much easier, free up our courts and lighten the load on politicians.

Anonymous said...
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