Tuesday, August 16, 2011

Guilt by association?

Am I guilty? Am I corrupt? Am I lacking morals and am I failing to adhere appropriately to the Code of Conduct I have agreed to be bound by? These are the questions that keep flying around my head. Disturbing questions that may make you wonder exactly what I could have done to warrant them being asked at all.


What I have done is be a member of the legal profession.


I am, at the moment, deeply disturbed by the apparent readiness of others in my profession to ignore the rules and guidelines that have been carefully considered and written down over time, in favour of unquestioningly accepting the demands of political leaders. Yep, i'm talking of the sentencing guidelines and the manner in which they are being currently disregarded by Magistrates...Magistrates who are advised by people like me (though, I hasten to add, not me).


Now its a long time since I first studied the law but I do recall one of the first things I was taught was the need for there to be a level of certainty in how the law is applied and what sentences are passed. As its been such an age, I thought I should check so I wandered off to the website of the Sentencing Council. The Council, on the homepage of their website state:
The Sentencing Council for England and Wales promotes greater consistency in sentencing, whilst maintaining the independence of the judiciary. The Council produces guidelines on sentencing for the judiciary and aims to increase public understanding of sentencing.
Nowhere that I can see on that website, does it say that guidelines don't really matter if a politician says otherwise.


I am far from an expert in this area, having studied it only as part of my academic legal training in the dim and distant past. I have never practiced criminal law. What I can offer is some level of understanding of how legislation and guidelines operate along with some basic commonsense. Applying these, I find the current situation lacking, seriously lacking.


I fail to understand how it can be considered acceptable to apply the harshest possible sentences to cases where there are no clearly aggravating factors, such as the case of the single mum who received a 4 month custodial sentence for handling a pair of stolen shorts. Can the fact that someone else went into a looted store, in the middle of a riot, really be an aggravating factor in her handling charge? I don't know but it certainly feels very, very wrong.


I am ashamed right now to think of myself as part of a profession which is willing to not only allow this to happen but also willing to aid and abet those demanding this despicable kind of rough justice.


Special thanks to Vicky, one of the brightest legal minds I know, for being my sounding board and for always seeing the good. For the record, she keeps the faith in the judiciary which I am still struggling to grab hold of.





Monday, August 15, 2011

Too fast, too furious

Its a funny old world that we live in, particularly so over this past week. We've seen public disorder spread across England on a not too overwhelming scale though it appears to have caused prolific insanity among previously right-minded people along with that best-known of ailments that affects only those in authority, knee-jerkitis.


When I returned from an evening out and first saw the images of burning buildings, police in riot gear, kids smashing shop windows, I was shocked and saddened like everyone else but what I can admit which most don't, is that I also felt the lure of the riots. I felt the excitement of seeing something different happening on my telly, of thinking that maybe now is the time that the average people of the UK would find their voice,  stand up and be counted. It may have been started by angry youths and initially spread by inane ones but I felt the potential for it to turn into something meaningful that would make those in power realise what they have done, over decades, to our society and that maybe, just maybe, the people could effect the change we all need. That possibility made for compulsive viewing...viewing which boosted the ever fantastical reporting and prompted a media frenzy and moral panic, the likes of which haven't been seen in this country since the death of LeahBetts.


Sadly, in my opinion at least, the revolution didn't arrive. Instead of meaningful protest and having our voices heard, the politicians came running home from their comfortable holidays to silence us. I do believe it was right for them to return home and act as the leaders they profess to be but I am disappointed by the clear lack of understanding of the society they claim to represent. I am equally disappointed by the generic stupidity of that society which largely seems only capable of perpetuating all of its bad traits and further diluting the good.


I am fed up of seeing politicians from all sides screaming for justice against a people who need understanding and help. I am sick of having to listen to the likes of Louise Mensch debating issues about which she clearly has no understanding and David Cameron preaching morality when he mixes daily with individuals who have none.


I am angry that the idea of swift and rough justice is being glorified and forced upon us, with courts staying open through the night to process the perpetrators of these terrible crimes. All I see here is a justice system which is as corrupt as the politicians who are manipulating it and by that, I am appalled. 



It frightens me that in dealing with matters so quickly, important points may be missed and mitigating factors ignored simply because our Prime Minister has made clear his own view of justice and how that should be applied to all who are charged...that is, as long as they're not his mates who have fraudulently deprived this society of many thousands of pounds in recent years - very obviously a lesser crime than pilfering a bottle of wine from an already looted store, right under the noses of the police who are looking on quietly; or accepting a pair of shorts that somebody else stole while you weren't even present.


I've pondered long and hard over the possible motivation of those directly involved in the 'rioting' and my conclusion is that people, in general, are thoroughly pissed off, bored, angry and most importantly feel disenfranchised and unheard by those who are supposed to serve, lead and protect us. There is no single reason or even a main reason, it is a great big melting pot of ugly, angry everything.


Such a variety of people have been involved that the blame cannot be pinned solely on a lack of education or respect as much of the media and many politicians would like us to believe; nor can it be put down to any one of the other usual social targets - youth, unemployment, race or gang-culture. No, here we have seen people from all walks of life being enticed by the lure of what the politicians choose to refer to as criminality but what seems to me to be more akin to an opportunity to be seen, heard, understood and to release a lifetime of frustration.



EDIT: After 3 days of writing a mammoth blogpost, 'Blogger' decided to lose the entire thing. Above is about a third of the original which i'd written in Word and had saved. The essence of what is missing is that there is corruption in our society from the very top down to the very bottom. At the top we call it a mistake, at the bottom we call it a crime. It makes me very sad to see the gulf between the haves and the have nots ever widening and my fear is that it will soon be too great to ever be bridged.