
Originally Posted by
MMI
All we have is opinions. Some are better founded than others, but who is to say which?
... and to my mind, morwyn's is the best reply to this utterly unnecessary question, which is another Daily Mail type of rant, where the wogs, the killers and the hoodlums are taking over from good old white Britain and its impeccable standards and turning it into ... God knows what ... into something like NEW YORK, heaven forbid!!!! (Just how bad is New York anyway? People seem to live rewarding lives there.)
The only thing I can agree with in ian's post is that life should mean life ... or a lot more than 12-15 years.
English so-called justice is riddled with miscarriages, which no amount of DNA or forensics can stop. Why? Because English justice, along with all other Common Law systems, is based on an adversarial system, where the strongest argument, not the truth, determines guilt or innocence. Arguments are put to a lay jury who decide questions of fact; the judge can only decide questions of law. In other words, laymen have to listen to professional advocates and decide what is the truth by reference to what they are told or what is withheld from them. The judge can only rule on admissability, and decide when to adjourn for lunch.
Under the inquisitorial system, the crime is investigated from the outset by a judge, or under his supervision. By professionals, in other words. This is not to say that they won't get their facts wrong now and again, but they are able to take a professional and experienced approach to the question of guilt or innocence, instead of 12 good men and true, bamboozled by the weight of evidence and subject to oratory tricks of the barristers trying to win their case regardless of the truth.
How much more important is this when considering a capital crime? Fortunately, there are no more capital crimes in England, but if there were - and there are in equivalent jurisdicitions - a man's life would depend upon the skill of his counsel in marshalling sufficient evidence, and, knowing enough law, and being sufficiently eloquent to convince the jury of his innocence - whether guilty or not. And for the prosecution the reverse is true: a guilty verdict is more important than letting an innocent man go free.
Can any 21st century legal system that truly considers itself to be just allow such a horrendous method of deciding whether a citizen should live or die? ian used the word "barbaric" - I would wholeheartedly agree with that description.
Thorne's position is as well-known to me as mine is to him. To some extent I can respect his arguments, but I reject them all as either incorrect or vengeful. I do not accept that retribution is an important part of judicial punishment: it is part, but the least important part, and the part that should be given least emphasis. One wrong does not ameliorate another. Quite the contrary, in fact, as morwyn has pointed out: it is not OK to kill, so killing cannot be an appropriate punishment for those who have killed. We don't justify theft by saying the victim was a burglar. We don't justify blackmail by saying the victim was a fraud. We don't justify rape by saying the victim was an adultress. So I contend, we cannot justfy our hanging, electrocuting or injecting a man by claiming his act of killing to be wrong.
So what do we do with them? Imprison them for a very very long time, and after that, keep them in gaol a bit longer. I believe that a prisoner has a right to know if he is going to be released, and I will admit it to be a human right. I also believe that certain prisoners have a right to know they will never be released, and that, too, is a human right. I do not agree that every individual has the right to expect freedom eventually.