Tag: justice

Uncategorized

The Dangers of Eroding Jury Trials in Justice System

bruceandholly

It always disappoints me how easily intelligent people can be convinced to surrender ancient liberties to the State.

We saw it several years back in the ‘Simon Says’ world of the Covid lockdowns, when everyone had to jump to every Matt Hancock command.

“Put a mask on your face. Now clap your hands. And stand 6 ft apart. Do it when the Simon says and you will never be out.”

We’re seeing it again with David Lammy’s published proposals for the scrapping of jury trials save for the most serious charges of murder, manslaughter, rape and other public interest cases. But what is more worrying for me, from listening to phone-in programs, is the way people are beginning to buy into it. Not just retired police officers and prosecution barristers, who would be expected to support any proposal which would make their job easier because a prosecution would no longer have to explain it’s case and convince a panel of ordinary people. It also seems to rest on the premise that anyone who steals a mobile phone from a supermarket is already guilty and just playing the system by electing jury trial. The proposals also belittle the damage which any conviction involving dishonesty or violence can have on someone who’s trying to hold down a responsible job or career. It’s something which will stay with you for life.

When mention is made of the fact that more than 90% of criminal cases already start and end in the magistrate court, it must also be remembered that almost all of those cases involve guilty pleas, in which the magistrates’ only role is to assess the seriousness of the offence and an mitigating factors before determining sentence. Remember also that, unlike jurors, magistrates are not picked at random from amongst our communities but are people who put themselves forward for selection. They are not like you and I. It attracts a certain type of person.

One thing which I’ve always regretted is the whittling away of public involvement in our justice system, first in civil cases leading to the last defamation jury trials and now extending to judge only criminal trials. I don’t trust them. Nor should you.

Law, politics, society, Uncategorized

Concerns Over Jury Trials in Leveson’s Proposals

bruceandholly

I’m nervous about Leveson’s proposals to abolish jury trial in intermediate cases and replace them with trial by a judge and two magistrates. It is as though he’s suggesting that either way offences carrying a likely penalty of less than 3 years imprisonment are not serious. But a theft conviction can be very serious if you lose your career as a result. Fair enough if you are actually guilty of the offence charged. That’s where the jury comes in. People like you and me with the same collective sense of fairness and justice. Not quite the same when you are facing an impatient prosecution-minded magistrate or judge who just wants to get through their case list. And what is the point of even electing trial, if you are not going to get to argue your case before 12 people who are living similar lives as you are.

Another thing I have long noticed is the increasing remoteness for our justice system from common expectations of right and wrong. Where everything seems to be decided on on academic technicality. We’ve come a long way since the passing of ‘people’s judge’, Tom Denning. Then there is the secrecy over the judicial appointments process itself. Whether it’s the appointment of judges and magistrates or the members of a parole board, who ignore public outrage when releasing a dangerous murderer. Who appoints these people? I’m sure that I have never been consulted. All that is left between them and us is 12 members of a jury. Now they want to take that away, Why? Because of successive government incompetence when it comes to our criminal justice system. How does it save money by delaying a case for two or three years instead of bringing it on now? It just doesn’t make sense to me.

My own solution would be to move to an American system of elected judges and magistrates. Make them accountable.

crime, Law

Never Confess to a crime you didn’t commit

bruceandholly

I was shocked at the hounding of taxi driver Ryan Barney who did his public duty by racing to ferry people away from the scene of a London terrorist attack. Yes – he went through a red light. So what? It was an emergency.

But it’s too easy to feel pressured into pleading guilty to a bad prosecution when you should fight to clear your name. Yes there are risks in contesting. It is expensive and you may get a heavier sentence if you are convicted after a trial. But pleading guilty is never the easy way out – whatever your lawyer tells you. You’re still saddled with the conviction and no-way of appealing it.

 

via Daily Prompt: Confess