To think it's ridiculous this idiot got a jail sentence ?

[chattycaterpillar]

I'm going to start the post with a disclaimer that the man is obviously very unpleasant and a racist, nasty piece of work. Last July, he sent Marcus Rashford a single tweet calling him a F* N word following penalty fails. Obviously extremely nasty, and I have no problem with him being charged by the police.

www.dailymail.co.uk/news/article-10668157/Teenager-jailed-six-weeks-racially-abusing-Marcus-Rashford-Italy-penalty-miss.html

However, I'm genuinely concerned that insulting people online appears to warrant jail time, when the following crimes appear not to. I'd also add that part of my misgivings about actual jail time are this was a single, ( although thoroughly unpleasant tweet), is that it was one tweet, but not a sustained period of harassment.

Am I right in not understanding how sending one abusive message got jail time, but the following didn't:
www.bbc.co.uk/news/uk-england-tyne-60480256

www.sunderlandecho.com/news/crime/sunderland-dad-caught-with-troubling-collection-of-child-abuse-images-3630498

www.manchestereveningnews.co.uk/news/greater-manchester-news/gran-who-eight-out-10-23178021

www.northamptonchron.co.uk/news/crime/kettering-man-spared-from-prison-over-sex-assault-3545684

she has complained to the police several times about the constant deluge of death threats, rape threats, publishing her address online to haters, and spreading lies about her. She’s been told it isn’t a police matter.

I wonder if the Rashford remarks are only a crime because race-based insults are a crime, and one's against women aren't, because wome aren't a protected minority group?

(I'm not saying this is true, it's a genuine question asking if there is a legal difference.)

@Getoff

she has complained to the police several times about the constant deluge of death threats, rape threats, publishing her address online to haters, and spreading lies about her. She’s been told it isn’t a police matter.

I wonder if the Rashford remarks are only a crime because race-based insults are a crime, and one's against women aren't, because wome aren't a protected minority group?

(I'm not saying this is true, it's a genuine question asking if there is a legal difference.)

Not ‘minority’, but gender is a protected characteristic by law.

YANBU OP.
This level of thought policing is the start of a slippery slope.
While racist abuse is bad and should be condoned it’s the sort of thing (like blasphemy) the ‘law’ shouldn’t act on.
Because it only takes a slight change in interpretation for, say government dissenters to be arrested under the same laws, as happens in other countries. Including my own.

‘Psychological’ abuse definitely isn’t the same as physical. You can’t quantify the effects, and people can lie/exaggerate l. Not the same at all.

@Getoff

she has complained to the police several times about the constant deluge of death threats, rape threats, publishing her address online to haters, and spreading lies about her. She’s been told it isn’t a police matter.

I wonder if the Rashford remarks are only a crime because race-based insults are a crime, and one's against women aren't, because wome aren't a protected minority group?

(I'm not saying this is true, it's a genuine question asking if there is a legal difference.)

This. Also Rashford is being used as a pawn for ‘diversity’.

Different judges = different rulings.

Take the comparison away.
There is every chance that when you commit a crime your sentence will be one designed to send a message to others.

@SpiderinaWingMirror

Take the comparison away. There is every chance that when you commit a crime your sentence will be one designed to send a message to others.

But surely the "message," to other paedophiles who download child abuse images or other men who sexually assault women with learning disabilities is the crime isn't serious and you probably won't go to prison ?

I think jail for this may be over the top, not sure because i didn't follow it closely.

But, i do think that sentencing guidelines aren't always clear and judges don't always give the right sentences. I'm not in favour of fixed penalties for crime either (outside of the usual fixed penalty notices for parking, speeding etc) but i am more in favour of sentencing being consistent across crimes, and across jurisdictions.

It seems mindboggling to me that the abuse some people get online (Diane Abbott always springs to mind) is ignored whereas others are punished more harshly. Prisons are overcrowded and i think there should be much much more use of community service (picking up litter, dog shit etc) and attending compulsory, in person courses to be "re educated" (not a good term but it conveys meaning)

The comparison with abuse white women get is too much, but what about the abuse that black women get? how is that punished?

Also Rashford is being used as a pawn for ‘diversity’.

Oooooh, that’s a mighty loud racist dog whistle.

There are many areas full of dog shit they can clean those up instead

@LaurieFairyCake

One tweet ?

What about all the horrific rape threats/death threats against JK Rowling ?

Did he tweet about JKR?

He’s being made an example of but basically his life’s over now because a custodial sentence is never spent. What he said was shocking but this feels like the wrong punishment to me.

I think about sentencing quite a lot while i wander round twitter and see some pretty awful things*.

I think there is a good argument to be had that all sentencing should be reviewed by a panel which consists of, say, a representative of: the police, social services in some cases, legal profession and one or two lay people. To ensure consistency, and that some sentences should be referred back for revision.

*if you report a tweet in Germany you have to say which law it goes against. It's really difficult sometimes and it stops people reporting things.

A million hours community service and an education would be my choice.

That's about 114 years straight through. But yes, community service in deprived areas Marcus Rashford has worked to help and and education would be better than a few weeks in jail.

@chattycaterpillar

Tbh, it comes down to, why are we jailing people for twitter/ facebook comments, but not actions that actually hurt others.

“But not actions that actually hurt others”?? Are you for real? You sound vile tbh. These cause “actual harm”. Why do you think the man’s actions did not hurt MR?

For someone like that, I’d be very surprised if this is his first offence. He most likely has several victims of his hate crime. Good that he’s been caught and will pay the price. Although, he’ll probably be out in a few months if he’s white, with the crime being committed a Black person.

Actions on SM has led to people committing suicide, etc.

Just had a quick Google to find out if anyone has been jailed for crimes committed via SM:

metro.co.uk/2021/11/01/online-trolls-to-be-jailed-if-they-cause-psychological-harm-15523621/amp/

www.newstatesman.com/spotlight/cyber/2022/02/online-safety-bill-abuse-criminal-offences

www.itv.com/news/central/2021-11-23/internet-troll-jailed-after-tormenting-danniella-westbrook-and-her-fan-online

The laws are supposed to catch up with tech these days and it’s a step forward that this has happened. I’ve signed online petitions and I’m
glad to see something come from it. This is a drop in the ocean. There are uncountable crimes committed others via SM and if one person has been jailed, why would you complain?

It is a hate crime

I’m not sure how much you use SM but I’ve seen the harm that can be done to teens, etc via SM. I applaud this.

Although, he’ll probably be out in a few months

The sentence is six weeks.

@Florenz

I don't disagree with the sentence but in general we are far too lenient with offenders in this country. A lot more people should be being sent to prison. So the ridiculous thing is the leniency of the sentences of the others being used as a comparison, not this idiot being given 6 weeks.

Compared with which countries?

We have the highest rate of incarceration in Western Europe. (See attached graphic.) If we want to creep up the ranks, we'll need to put in place a legal system like those in operation in the ex-Soviet Bloc countries.

Which would involve a radical change to a thousand years of legal precedent.

But if it makes you happy, we'll give it a go.

Knowing a bit about how the criminal justice system operates I'd say that the custodial sentence was probably given because the courts clamp down very hard on football related offences to act as a deterrent.
If they are seen to be lax on this it is one type of offence that escalates. Going back years when there was a lot of organised violence at football matches custodial sentences were often imposed in circumstances where if the offences had been of a different nature they would not have been.
Of course there is a strong argument that some of the other offences highlighted by OP should have attracted prison sentences too but maybe more scope with some of them to argue mitigation relating to individual circumstances.

Jk Rowling and her little pals should be next.

Yes I'm sure you and your little pals would like that.

The comparison with abuse white women get is too much, but what about the abuse that black women get? how is that punished?

Yes I think Diane Abbott gets the most vile racist and sexist abuse of any politician.

his life's over

@Porcupineintherough

his life's over

How do you think he’s going to navigate life after this? He’s going to have to declare it on every job application, it will come up if he’s DBS checked, he’ll be denied a visa for some countries and it will never go away because custodial sentences can’t disappear after 20 years like other convictions.

He was stupid and should have been severely punished in an appropriate way. This isn’t it.

@Lacedwithgrace

Jk Rowling and her little pals should be next.

I look forwards to you posting evidence for this statement.