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Teacher who attacked pupil with dumbbell should never have been put on trial, says judge
Daily Mail (UK) ^ | 30th April 2010 | Andy Dolan

Posted on 04/29/2010 5:34:25 PM PDT by naturalman1975

A teacher who bludgeoned a disruptive pupil with a dumbbell walked free yesterday when a 'common sense' jury acquitted him in minutes.

Peter Harvey was cleared of trying to kill a 14-year-old boy who told him to '**** off'.

His trial heard how he was targeted by teenagers who knew he had been off work with depression and stress.

The 'fundamentally decent' man snapped when the science class set out to upset him, with a girl - described as the pupils' ringleader - using a camcorder to film the incident so she could distribute it round the school.

Mr Harvey dragged the boy - a persistent troublemaker - into a cupboard and hit him about the head with a 3kg dumbbell shouting 'die, die, die'.

The attack fractured the teenager's skull.

But yesterday a jury swiftly acquitted him of attempted murder and causing grievous bodily harm with intent.

Judge Michael Stokes QC told the court 'common sense had prevailed'.

Mr Harvey, 50, had already admitted the lesser count of grievous bodily harm but the judge said he would not be sent to prison.

It was revealed that the judge had already said that the trial should never have been brought because of the teacher's 'previous good character' and his state of mind when he attacked the boy.

Astonishingly, the father-of-two had spent eight months on remand before the trial - despite his own mental state, his wife suffering severe depression and their daughter having Asperger's syndrome.

The judge told him at Nottingham Crown Court: 'You have already effectively served a sentence that is more than the appropriate sentence.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Culture/Society; Foreign Affairs; News/Current Events; United Kingdom
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To: ClearCase_guy
I'm happier with this outcome now.

You're just a closet "situational morality" liberal. No objective, consistent law for you! No sir! Just pick 12 random people and declare the outcome to be "Justice"!

Pffft.

I'll stick with the Constitution and the rule of law, personally.

If I were a judge and saw that a jury had blatantly ignored the law, I'd find them all in contempt and throw them in jail.

41 posted on 04/29/2010 6:39:59 PM PDT by TChris ("Hello", the politician lied.)
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To: SoldierDad
You're making a moral equivalence between the OJ butchery-murder and this case?

You might struggle with such silliness, but most of the rest of us won't. OJ should be on death row, isn't, and thus cheated justice. This teacher, a man of prior peaceable character, should was goaded by a pack of jackals into an extreme reaction. The verdict in his case was entirely just--one of the few times I have agreed with a result by a modern English criminal court.

42 posted on 04/29/2010 6:40:25 PM PDT by behzinlea
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To: SoldierDad
I didn't like it. But what can you do? Black people stick together and put race above everything else. You can't get justice when people take that approach. The OJ trial is not unique, but it's a good example of the race problem in this country now.

But what can we do? Say the jury's verdict didn't count because "we" know better?? Or should we choose juries based on skin color so that we can get "our" kind of justice?

I think OJ did it. I wish he had been convicted. But his jury wanted him freed. And I think jury's have that power and should have that power.

43 posted on 04/29/2010 6:43:22 PM PDT by ClearCase_guy
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To: behzinlea

No, I’m not making, or attempting to make a moral equivalence between these two cases. I’m asking a question if, since he stated he was okay with jury nulification, the OJ verdict was also okay in his view.


44 posted on 04/29/2010 6:44:11 PM PDT by SoldierDad (Proud Papa of two new Army Brats! Congrats to my Soldier son and his wife.)
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To: SoldierDad

I doubt it will come back, but I grew up when it was common. Discipline was much better, and there can be no learning without discipline.


45 posted on 04/29/2010 6:45:31 PM PDT by Mr Rogers
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To: behzinlea

And, as to the last part of your post, we will agree to disagree. I find no justice in allowing a man to get away with such criminal disregard as to attempt to kill a student.


46 posted on 04/29/2010 6:45:47 PM PDT by SoldierDad (Proud Papa of two new Army Brats! Congrats to my Soldier son and his wife.)
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To: SoldierDad
So, how do you feel about OJ Simpson’s verdict in his murder trial?

Do you think that this jury like the Simpson jury based their decision strictly on race or do you think the facts as presented were considered?

47 posted on 04/29/2010 6:47:47 PM PDT by Eaker (Pablo is very wily)
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To: ClearCase_guy

Point taken. Juries do have the power to render such verdicts. But, if evidence had surfaced of any strong arming taking place within the jury, that verdict could have been set aside and a new trial enjoined.


48 posted on 04/29/2010 6:47:47 PM PDT by SoldierDad (Proud Papa of two new Army Brats! Congrats to my Soldier son and his wife.)
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To: Eaker

Just asking about the feelings regarding the outcome, not how the outcome was decided.


49 posted on 04/29/2010 6:48:31 PM PDT by SoldierDad (Proud Papa of two new Army Brats! Congrats to my Soldier son and his wife.)
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To: TChris
If I were a judge and saw that a jury had blatantly ignored the law, I'd find them all in contempt and throw them in jail.

This judge saw the opposite. Perhaps because he was there and you were not?

50 posted on 04/29/2010 6:49:45 PM PDT by Eaker (Pablo is very wily)
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To: Mr Rogers
Discipline was much better, and there can be no learning without discipline.

A fact seemingly not lost upon the liberals who control public education in this country. An educated populace does not permit it's government to control them.

51 posted on 04/29/2010 6:50:09 PM PDT by SoldierDad (Proud Papa of two new Army Brats! Congrats to my Soldier son and his wife.)
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To: SoldierDad

Strong arming is not OK. If 12 honest people really feel a certain way, then I do consider that to be the highest law in the land. I believe our current legal system actually declares that to be so. But if anyone on the jury tries to game the system and twist other jury members to a particular view, then the judge would be right to throw it out.


52 posted on 04/29/2010 6:51:04 PM PDT by ClearCase_guy
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To: SoldierDad
how the outcome was decided.

This is all that matters.

53 posted on 04/29/2010 6:53:05 PM PDT by Eaker (Pablo is very wily)
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To: SoldierDad

“A cracked skull huh? I support holding the little heathens accountable. But that is beyond extreme.”

As Alfred E. Neuman said, “Why worry?” A case can be made that the kid hadn’t used the contents of the cracked cranium, so far. And, tomorrow didn’t look promising, either.


54 posted on 04/29/2010 7:04:03 PM PDT by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: TChris

“I’ll stick with the Constitution and the rule of law, personally.”

Uhhh - didn’t the Constitution guarantee a trial by jury?

And, I am sure SCOTUS has ruled that jury nullification is Constitutional.


55 posted on 04/29/2010 7:08:21 PM PDT by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: GladesGuru

LOL - you are a bad boy!!


56 posted on 04/29/2010 7:30:05 PM PDT by SoldierDad (Proud Papa of two new Army Brats! Congrats to my Soldier son and his wife.)
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To: ClearCase_guy
Honestly, as I read this thread I was thinking that this was a mistake. Cracking a kid's skull with a dumb bell should not be considered acceptable behavior for a teacher. I was reading this and feeling very unhappy with the decision.

Bear in mind that nobody decided this man's actions were acceptable. He plead guilty to inflicting Grievous Bodily Harm, and was sentenced to time served - the eight months he spent in prison awaiting trial. As a person convicted of assaulting a child, he will never teach again.

The trial was about whether or not he was guilty of the more serious charges of inflicting GBH with intent, and attempted murder. The jury decided there was no intent (something both those charges require).

57 posted on 04/29/2010 7:30:42 PM PDT by naturalman1975 ("America was under attack. Australia was immediately there to help." - John Winston Howard)
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To: Eaker
This judge saw the opposite. Perhaps because he was there and you were not?

Or, because he's not real keen on the whole "rule of law" thing either. Some judges are like that.

58 posted on 04/29/2010 9:07:33 PM PDT by TChris ("Hello", the politician lied.)
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To: GladesGuru
And, I am sure SCOTUS has ruled that jury nullification is Constitutional.

Love to see that.

59 posted on 04/29/2010 9:08:19 PM PDT by TChris ("Hello", the politician lied.)
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To: SoldierDad

If the kid was threatening violence, I’d have to agree. Getting the other kids to safety was important.

If the kid did attack, was someone that constituted a real threat, and the teacher was basically fighting for his life, then all bets are off.

If the teacher got angry and went postal beyond reason, then we’re both in agreement concerning his reaction.

I’d imagine we would be in agreement anyway, since it sounds like you’re a reasonable person.


60 posted on 04/29/2010 11:24:29 PM PDT by DoughtyOne (Be still & kneel before the know-nothing Omnipotent One, Il Douche' Jr., may fleas be upon him.)
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