Killer released early from prison

Discussion Open Forum
1

taipeitimes.com/News/taiwan/ … 2003430268

Several schools of thought here. Some say she should have been executed for the crime of murder in the first degree (premeditated and vicious). Others say that like in France , a crime of passion such that it was should only result in a few years in jail. What say you? Sentence adequate? Or too lenient or too harsh? Her victim cant have the same option. She did viciously murder her.

Sad when people cant see their way around a problem. She also suffered from 11 years of incarceration as well as the guilt of having killed another human being. She should have let her then Boyfriend go. Killing her competition only resulted in her also being removed from her BF. All for what? The satisfaction that she got what she “deserved”.

Motto: Rethink your plan of action if it involved murder. Get help when you cant work your way around a problem.

Easier said then done of course. And I am not going to be her judge. But her decision cost a life and cost her 11 years as well.

Will she ever be able to successful rejoin society? Perhaps marry again and raise children?

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[quote=“tommy525”]

Motto: Rethink your plan of action if it involved murder. [/quote]

It’s definitely true, if not very inspiring!

3

NT$24M.
Exactly how did they arrive at that figure?
I mean, is there like a Blue Book listing?
I’ve been responsible, on a coupule of occasions, for negotiating the cash settlement on traffic accidents, but none of them involved particularly catastrophic injuries.
I just can’t feature the process.
Is that amount a lot?
Would it have been more if she’d completed grad school?
What if she were 5 years older?
Or younger?
Do people depreciate like cars, or appreciate like art?
This isn’t just idle banter here, I reckon sooner or later (are you reading this, tommy?), I’m going to be looking at forking over for having snuffed someone, I need some coaching on the protocol here.

4

One word:

[color=#FF0000]
PSYCHO-HSIAOJIE!
[/color] :runaway:

5

The chief: I’m sure ( :wink: )there’s a highly scientific method for calculating the amount of money owed for killing a person, depending on the particular facts and circumstances concerning the killer, the victim, the amount of suffering inflicted, and so forth. Perhaps they even have a chart comparable to this for particular types of deaths.

[quote]For disability resulting from permanent injury of the following classes, compensation shall be:

For the loss of a thumb, sixty-six and two-thirds percent of daily wages during sixty weeks.

For the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of daily wages during thirty-five weeks.

For the loss of a second finger, sixty-six and two-thirds percent of daily wages during thirty weeks.

For the loss of a third finger, sixty-six and two-thirds percent of daily wages during twenty weeks.

For the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of daily wages during fifteen weeks.

The loss of the first phalange of the thumb or of any finger shall be considered to be equal to the loss of one-half of such thumb or finger and compensation shall be for one-half of the periods of time above specified, and the compensation for the loss of one-half of the first phalange shall be for one-fourth of the periods of time above specified.

The loss of more than one phalange shall be considered as the loss of the entire finger or thumb, except that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

For the loss of a great toe, sixty-six and two-thirds percent of daily wages during thirty weeks.

For the loss of one of the toes other than the great toe, sixty-six and two-thirds percent of daily wages during ten weeks.

The loss of the first phalange of any toe shall be considered equal to the loss of one-half of such toe, and compensation shall be for one-half of the periods of time above specified.

The loss of more than one phalange shall be considered as the loss of the entire toe.

For the loss of a hand, sixty-six and two-thirds percent of daily wages during one hundred seventy-five weeks.

For the loss of an arm, sixty-six and two-thirds percent of daily wages during two hundred twenty-five weeks.

For the loss of a foot, sixty-six and two-thirds percent of daily wages during one hundred fifty weeks, etc.[/quote]
link

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I read in the article she had also to pay the family of the victim NT$24 million.

I guess I’m just bloodthirsty by nature, but 11 years of her miserable life on top of the amount paid to the family makes no difference to me.

Bullet in the head, I say.

7

Good question. And what’s the point? I mean, how many Taiwanese girls, with only an undergrad degree and fresh out of prison after a 10 year stint for murder, can hope to earn even a fraction of that? I know white-collar professionals with MBAs from British universities who couldn’t pay that amount in their lifetime on their current salary. Take away their degrees, and give them a criminal record (for murder!), and they’d be lucky if they could repay 1% of that amount.

And for the family of the victim, I would be insulted by an imposed fine that a)placed a definite value on the life of your child, and b)could not possibly be enforced.

They might as well fine her a kajillion dollars and be done with it. :unamused:

8

Doesn’t this debt then go to her family? Wouldn’t they have to cover any short fall? Perhaps she’s from Tainan pig farmer stock? Maybe her family can pay.

HG

9

Is that legal? Can one be held liable for the debts incurred by one’s adult children?

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Of course she can’t/won’t pay off the penalty.

Neither can OJ Simpson, who was ordered to pay US$33 million for his two murders. The difference is that his verdict results from a civil lawsuit; the Taiwan penalty was ordered by the judge in the criminal case. The similarity is that neither will ever pay off the full amount and no matter what amount is ordered it will never compensate for the lives that were stolen away. Still, isn’t it better than nothing?

I agree in a way imposition of hte penalty is an insult, suggesting that money can make up for a crime that can never be adequately punished and loss that can never be replaced. But, better to make them pay – a lot – than not, don’t you think? Actually, I’m not so sure about it myself, but at least it pays for funeral expenses and booze and maybe therapy and/or some needed vacations and maybe a new house needed to try to start life over.

EDIT: liable for debts of one’s grown children? In the US that’s not possible. Parents could only be liable for minor children. In Taiwan, you never know.

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[quote=“Mother Theresa”]Of course she can’t/won’t pay off the penalty.

Neither can OJ Simpson, who was ordered to pay US$33 million for his two murders. The difference is that his verdict results from a civil lawsuit; the Taiwan penalty was ordered by the judge in the criminal case. The similarity is that neither will ever pay off the full amount and no matter what amount is ordered it will never compensate for the lives that were stolen away. Still, isn’t it better than nothing?

I agree in a way imposition of hte penalty is an insult, suggesting that money can make up for a crime that can never be adequately punished and loss that can never be replaced. But, better to make them pay – a lot – than not, don’t you think? Actually, I’m not so sure about it myself, but at least it pays for funeral expenses and booze and may therapy and/or some needed vacations and maybe a new house needed to try to start life over.[/quote]
What if one skipped the country? Surely a new life in China would be better than having that hanging over your head.

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[quote=“Anubis”]I read in the article she had also to pay the family of the victim NT$24 million.

I guess I’m just bloodthirsty by nature, but 11 years of her miserable life on top of the amount paid to the family makes no difference to me.

Bullet in the head, I say.[/quote]

Or how bout like they have done it in China (still going on I think) and keep her alive until her organs are needed and then shes killed on the operating table so that others may benefit from her lungs, heart, kidneys??

In France , she wouldve gotten out in about 2 years probably. Crime of Passion is all the rage in France so I hear???

She was a student and fired up in a heated moment, perhaps she should be forgiven. I think the family will have to cough up the dough.

She may already have that much from her estimated inheritance and hence the figure of 24million?

Blood money it is and of course will not bring the victim back to life. In some cultures the payment of such blood money can excuse the crime.

13

In Taiwan, it’s my understanding (and I hope tigerman or another lawyer will comment) that a civil settlement by the victim of a crime will OFTEN result in the prosecutor dropping the criminal charges, which is completely wrong from a logical standpoint.

As one learns in law school, a civil suit is for the victim to recover compensation for his/her injuries. A criminal suit is intended for the benefit of the public, NOT for victim. The criminal suit is supposed to punish the bad actor for his crime, to reduce the likelihood of him doing such a thing in the future (against other victims), to deter other potential criminals from performing similar crimes, and to otherwise show that the society will punish bad acts in a consistent and meaningful way, thus promoting public order.

Therefore, it makes no sense for the Public Prosecutor to waive all those valid public concerns just because the criminal has entered into a private settlement with one individual. It’s definitely wrong. But that’s how it works in Taiwan.

So, at least in this case she had to serve 11 years and wasn’t let off completely in exchange for a payment.

14

[quote=“Mother Theresa”]In Taiwan, it’s my understanding (and I hope tigerman or another lawyer will comment) that a civil settlement by the victim of a crime will OFTEN result in the prosecutor dropping the criminal charges, which is completely wrong from a logical standpoint.

As one learns in law school, a civil suit is for the victim to recover compensation for his/her injuries. A criminal suit is intended for the benefit of the public, NOT for victim. The criminal suit is supposed to punish the bad actor for his crime, to reduce the likelihood of him doing such a thing in the future (against other victims), to deter other potential criminals from performing similar crimes, and to otherwise show that the society will punish bad acts in a consistent and meaningful way, thus promoting public order.

Therefore, it makes no sense for the Public Prosecutor to waive all those valid public concerns just because the criminal has entered into a private settlement with one individual. It’s definitely wrong. But that’s how it works in Taiwan.

So, at least in this case she had to serve 11 years and wasn’t let off completely in exchange for a payment.[/quote]

Civil settlements do NOT dismiss Capital crimes . Taiwan does not allow civil settlement of blood money to dismiss such charges. Thus the public is protected. Taiwan also rarely executes women prisoners. And also in todays climate Taiwan has gone away from capital punishment as well. Ma was instrumental in not executing the hsihchi trio.

15

There is a class of offenses in Taiwan referred to as 告訴乃論 - often cases where a victim is not seriously harmed as a result of a person’s negligence in the course of operating that person’s business - where a prosecutor may drop criminal charges if the victim or the victim’s agent (wife, parent, etc…) requests that the criminal charges be dropped, usually where a settlement is reached.