Quote Originally Posted by Bilbo View Post
Quote Originally Posted by LobowolfXXX View Post
He didn't say the Collins family should make the decision. He said that those whose decision it is to make should accede to the wishes of the Collins family.
I totally disagree with your principle. Its not up to the victim, and their feelings on the matter are not, and cannot be impartial. The rule of law stands above individuals. The commission will decide if they think Resto deserves a second chance. They can listen to the Collins and factor in their views, but it would be absurd to think that Resto's future (or any criminals future for that matter) depended ultimately on what the victims felt. That would be arbitary justice, and the whole idea behind Western justice is that it is based on fair laws that apply to all.

When Tyson got out of jail, should the commission have asked Desiree Washington if he could fight again? Should they have asked the commander of the American army if Ali could fight on when he was released for draft dodging? What about Chris Eubank? Maybe Michael Watsons family should have been able to get his license taken away? Or the family of the man he killed when he crashed his 4 x 4? Or maybe the woman who he blinded when a firework he set off hit her in the face?

The whole principle of victim justice is archaic and doesn't work in practice. We are part of a democratic society, and as such we all adhere by the democratic law systems we have in place. Universal law and fairness, not arbitrary decisions based on the opinions of victims.
You're sort of arguing against yourself here when you say that they can "listen to the Collins and factor in their views" (which is entirely correct and consistent with Western notions of justice, as practiced in the USA, anyway), but you also say that there should be (or is) "Universal law and fairness, not arbitary decisions based on the opinions of victims."

The commission has the discretion to decide how much weight to give the Collins family. Similarly, a judge can hear a victim impact statement, and decide how much weight to give it (within the constraints of sentencing guidelines and the U.S. Constitution). If you agree that they can factor in the views of the Collins family, then there is nothing to stop any given commissioner to adopt those views as the deciding factor in his or her decision.