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Matt MCKinlay commented on Physically unable to use a Breathalyzer : Accomodation of DUI offenders? on July 5, 2008, 3:27 AM

If the vehicle equipped breathalizer is similar in use to the roadside breathaliser used by law enforcement, then there would have to be a severe case of reduced lung capacity in order to prevent a person from successfully operating the device.I'm sure a person with such a condition would be able to make application through the courts for some other form of restriction other than the in vehicle device.I doubt there would be an argument for discrimination, merely there would be a requirement for lawmakers to come up with an alternative for anyone who could show genuine inability to use the device. There are plenty of other jurisdictions where there is no oportunity to get back on the road after having your licence suspended in such a manner and people still find ways of getting around.

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Matt MCKinlay commented on Do stereotypes usefully represent real knowledge? on March 31, 2008, 10:38 PM

No, stereotypes tend to be coloured by the experiences or prejudice of the individual.For example, I see a lot of drunk aboriginal people at the local shopping center, humbugging people for money and smokes. If I then expand that to say all aboriginal people are therefore drunken bums, that would be negative stereotyping. There may be an alcohol and social problem, but stereotyping people doesn't help solve the problem.The problem may be true for a portion of the people, but it is not true for the whole community.

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Matt MCKinlay commented on new and improved alcohol prohibition? on March 17, 2008, 6:26 AM

The laws of eluded to are already in force where I live, they've only been around for about 4 months and so it is too early to say whether they are going to work effectively.Already it has been noted that there is an increase in itinerants and "long grassers" around the major centres as people who want to drink alcohol move to areas with fewer restrictions. This also has the effect of reducing violent and anti-social behaviour in the communities where these people come from, and increasing the problems in the bigger cities.

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Matt MCKinlay commented on Criminal justice system on March 16, 2008, 11:44 PM

Unfortunately, the legal system favours the accused over the victim. As such, any mistakes made by law enforcement, whether acting in good faith or not, will lead to the indamissability of evidence.I think it comes down to coppers knowing their powers in relation to search and siezure and also knowing when to stop and get a warrant before continuing with a search.I don't think suppression has any deterrent effect on police, it usually just comes down to a learning curve, and the coppers involved will know not to do whatever they did, again.I can't think of any viable alternatives to the present system, but if you can't get a consentual search and you don't believe you have the grounds for a non-consentual search or warrant, don't go looking for anything, 'cause if you find something, it probably won't be acceptable to the courts.

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Matt MCKinlay commented on Alan Dershowitz on Torture on March 16, 2008, 11:17 PM

"if you torture a man long enough, he'll tell you he started the Boston fire, but that doesn't necessarily make it F**** so" Reservoir DogsSimulated drowning sounds like torture to me, I certainly wouldn't want it used on me or anyone I know. I think the most damning example I know of, is that the Japanese used waterboarding on Americans during WWII, and the Japanese that carried it out were tried and executed for torture. Yet waterboarding now is ok and not really torture, it's just aggressive interviewing.I can understand where Mr Dershowitz is coming from, that if it is going to be sanctioned by the government then the least the Law society can do is put forward parameters and guidelines for its use, just like the death penalty. Otherwise it is open to abuse.Unfortunately, I think the abuse is already there. When fighting monsters it is hard not to become a monster yourself. And, even if the opposition has guns and might shoot us, we should continue to maintain the moral high ground rather than seeking to outdo each other in atrocities.

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