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The climate change debate continues.
nomadpete replied to Phil Perry's topic in Science and Technology
Yes, and no. Our behaviour really stems from the fact that humans are the result of evolution, not intelligent design. We collectively refuse to accept that we are animals governed by survival instinct which is fine tuned to respond to short term threats to our existence. We struggle to respond to any long term threat. Our brain just can't do it. This fact is the biggest single threat to humanity. - Today
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Perhaps the reason that teh Bondi Gunman has slipped from the front page is due to a lot of other stuff for the front pages. Things like Iran, fuel, cyclones, and Roberts-Smith are the short term attention grabbers now. Also the Bondi Bomber is awaitng the actual start of the Court appearances. He is currently On Remand.
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Interesting.
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@Grumpy Old Nasho - you really need to stay away from TV.. It is mainly American fed BS that doesn't even apply in their legal systems. War crimes are covered under the Crimes Act (Commonwwealth), making it a federal office; not a state offence. It is an indictable (serious) offence. However, there is no federal criminal court, the court of the first instance will be the supreme court of whichever state he is in, which is NSW. Under NSW law, all indictable offences require a trial by jury, except where, in the court's opinion, there is so much publicity that would impact almost anyone from being unbiased and potentially predisposed to a guilty verdict. But, this does not apply to federal offences thanks to s.80 (I think) of the Aussie constitrution, that requires all commonwealth (fedral) indictable offences to be tried by jury. The Bondi gunmen are also to be tried in the NSW Supreme Court in the first instance. In both cased, the defence may (and will likely) petition the court that a trial by jury would be prejudicial to the defence. If both succeed, then the outcome will be different for both defendants. Roberts-Smith will walk free. As the court will deem he cannot be granted a fair trial by jury, and the Aussie constitution requires those charged with a federal indictable offence are tied by jury, the court has no choice. It's as simple as that. Of course, the prosecution will appeal it, but if the decision is upheld, Robert Smith is a free man. In the case of the Bondi Gunman, there are 59 offences including murder, attempted murder, terrorism, firearms, etc. For the NSW state offences (murder, attempted murder , some of the firearms offences, some of the terrorism offences), he will still be tried - but by a judge only or a number of judges. He does not automatically walk free. If the defence do not agree, he will still be tried by jury. Unlike Roberts-Smith, he has no "get out of jail" card, if you will excuse the pun. But there's more.. the procedure is slightly different, especially where the judge has to give reasons for finding of fact (where a jury doesn't), It is hard to quantify, but because it holds the judge to a higher level of scrutiny, is is argued tha ut us harder to get a convuiction because they judge requires more to eliminate reasonable doubt (standard of proof the prosecution must provide) and less to introduce doubt on the balance of probabilities (standard of proof required by the defence). Every new editor (TV, magazine, radio, etc) in the country knows this. So, your theory that all the hype with Roberts Smith and the relatively low coverage of the Bondi Gunman is to lynch Roberts-Smith is so far from reality, it beggars belief. It is in Roberts-Smith best interests that there is as much bombastic coverage showing him as guilty as possible. With every press story that can predispose people to an opinion, the defence case stengthens that he can walk away a free man. Similarly for the Bondi Gunman, as if the defence will have less to do to introduce reasonable doubt (not that that will happen) or intorduce a defence (e.g. mental impairment - still slim but probably he only one he has got form what I saw as provication has to be proximate). By the press not covering it obsessively, they are prroviding less than they could to the defence to give them their best short at walking away. But, if you want to reverse the situation and have all the coverage on the Bondi person and none or less on Roberts-Smith, then you are virtually guaranteeing he will be tried, and possibly allowing enough of a sliver of hope the Bonid gunman can rely of some defence (though I doubt it, because criminal mental impariment is a much narrower definition than clincial definitions).
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I wouldn't worry about that. Here is the jury selection process (at least in NSW) If the defence believes an Afghan (f one happened to be selected) would be prejudiced to the defence, they can challenge, as can the prosecution. The Jury Selection Process: Selection: The Sheriff randomly selects people from the NSW electoral roll within a court's district. Notice and Summons: Residents receive a notice of inclusion for a 12-month period, followed by a summons to attend court on a specific date. Eligibility: Most people registered to vote are eligible, though some criminal convictions, legal disqualifications, or occupations (e.g., police) may exclude them. Exemption: Individuals can request to be excused for reasons like health, undue hardship, or prior service. Empanelling (The Ballot): At court, the Judge's Associate randomly draws cards from a ballot box to select 12 jurors for a trial. Challenges: The defense and crown can each challenge (object to) up to three potential jurors without giving a reason.
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Ben is done for if there are any Afghans or muslims on the jury.
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The climate change debate continues.
facthunter replied to Phil Perry's topic in Science and Technology
Our Planet is a delicately balanced Place ideal for us to Live in. Why do we destroy it so readily? Are we so stupid? -
Is it in the Genes or the way He was Brought Up. Read niece, Mary Trumps book.( I have) She should know the facts and is a qualified psychologist. Nev
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NO I'd be breaking my own rules it I did. and (THAT is NOT a Cop Out). You under-rate the Judges responsibility. Public comment can Make a Fair trial Unlikely, The Trial is happening Now. Nev
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It's the jury which will have the hard job. The judge is simply there to see that the game is played by the rules. So, Nev, are you thinking abour replying to my friendly challenge?
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People often express disbelief that a gas making up only 0.04% of the atmosphere could have any meaningful impact. Consider ozone (03). Its concentration varies with altitude, peaking between about 15 km and 35 km at just 2–8 parts per million (ppm). By comparison, carbon dioxide (CO₂) sits around 420–425 ppm and is rising by roughly 2.4–2.6 ppm per year. Ozone exists in far smaller concentrations than CO₂, yet its role is critical—without the ozone layer, life on Earth would not survive. Small percentages can still have enormous effects.
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Amputation of the head fixes it. Nev
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I like this, from the article... "unveiled Buddharoid, a humanoid robot monk" Sounds like something you can get a cream for.
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There's a few other spawn that are just as bad as their old man.
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The climate change debate continues.
facthunter replied to Phil Perry's topic in Science and Technology
How does that Help the Problems we now face about the effect of human activity on the Climate?. nev - Yesterday
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It Will be a hard job for the Jury and the Judge. They are the Ones to deal with it , not the Law of Public Opinion. Nev
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I think that those were fair comments, not likely to affect any juror. I was just saying that in my opinion, being on that jury is going to be a hard job.
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Send him up the Hill on Lookout duty.? or He could hold one end of the wireless airiel ? Nev
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While an Australian trial would be conducted according to the accepted rules, the assessment of the evidence is in the mind of the jurors, who are going to be selected from "the person in the street'. Nex, I make a friendly challenge to you, with out wanting to raise you hackles. Take a bit of time today and think what your decision would be, based on what information you have at the moment. I know that you have great analytical skills. Put them to use in answering my challenge. I look forward, without bias, to hearing your answer.
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I don't think you should Making such comments OME with the trial in Progress. Nev
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That is probably the fear - that he goes in, becomes a regular grunt and gets killed so that the Trump dynasty dies.
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The climate change debate continues.
old man emu replied to Phil Perry's topic in Science and Technology
One of the causes of a major sea level rise was the release of unimaginable amound of water caused by the collapse of the North American (Laurentide) Ice Sheet which caused a catastrophic rise in global sea level led to the flooding of the Black Sea and drove dramatic social change across Europe. The collapse of the Laurentide Ice Sheet released a deluge of water that increased global sea levels by up to 1.4 metres. This increase in sea level and associated coastal flooding resulted in the submerging Doggerland. Doggerland was a large area of land in Northern Europe in the southern North Sea. We know the area as the Dogger Bank. Ther are many otehr places identified in oral histories that relate to this global rise in sea level. The flooding of the land bridges between Tasmania and the continent, and in the area of the Timor Sea. Speaking of Sydney, the harbour is the result of rising sea levels flooding old valleys. The same applies to Botany Bay. Local area Aboriginal stories carry nuggets of truth about the effects of rising sea levels. -
He'd be perfect in the infantry & when in a foxhole could stand up & see further than anyone else. Mind you the enemy could see him better than anyone else too.
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The Australian court system is as good or Better than Most and it's NOT the Government 's decision to Prosecute cases, unlike the USA, and plenty of other places you wouldn't want to live in. Nev
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Melania won't let her little precious be exposed to any risks. Nev
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