The whole point of having a doctrine of Separation of Powers, is that it provides balances and checks between the Executive, Judiciary and Parliament, to prevent abuses of power. What we have seen happening under New Labour is the Executive encroaching into the territory of the Judiciary. Knee-jerkism from the Home Office as it responds to the headlines and editorials of The Sun. In its attempt to placate victims of crime, the Home Office and the Department for Constitutional Affairs have victimised offenders and prisoners.
It is the judge's role to judge what is the appropriate sentencing decision to make in any given case. It is not part of a judge's role to pander to the whims of politicians. As judge John Samuels points out, justice is about being dispassionate and not allowing emotions to cloud the issues. In my view, judges should rebel and refuse to allow victim statement's any right of audience in any court.
It is a shame that Harriet Harman has sold out her principles of integrity since she became part of New Labour's legal machinery. She used to be a staunch advocate of prisoners rights. It is true that power corrupts. Judge John Samuels should be praised for his correcting the scales of justice which the DCA has imbalanced with its grubby finger.
A mixture of law, politics, autobiography and humour. Once described as "The Devilish Advocate" (Guardian), I do have the ability to provoke a response. Sometimes it comes from someone who uses a thought process, and sometimes from jerks usually associated with the knee.
6 comments:
i agree with you about separation of powers, but you forget offenders and prisoners aren't victims they have broken the law, the law should be victim focussed not criminal focussed its ridiculous to think it should be any other way
blogvandal: There is a valid argument that in many cases offenders are victims of circumstances which lead them into the criminal justice trap in the first place. And, prisoners tend to be victims of an inhumane penal system.
I feel that the law is a double edged sword, it should both punish and protect. Victims of crime are being let down by the government. Instead of the government attempting to resolve this problem, it seeks to blame the offender for its failings. This is where I believe that injustice as opposed to justice is done.
I completely agree with you that many times the offender is subjected to an inhumane system. However, I must tell you from personal experience that having the opportunity to give a Victim Impact Statement to the court was more healing and vindicating for me than the sentence my dad's killer served. It gave my dad a voice once more when he no longer had a voice in which to fend for himself. I will always be thankful for that opportunity to speak on his behalf.
Hi Ginger
Personal experience is often powerful testimony. It is a shame that our politicians do not listen more. I am not against the Victim Impact Statements, rather the politicians using this for their own ends. This benefits nobody. In your case, the healing and vindication proves the point. And, like Rachel North London, you do not have the vindictive streak seeking revenge.
My url is not called prisonersvoice for nothing. It has a history behind it. I'll tell you about it sometime. But, for now, there is a need to speak out and be heard. The tabloids and knee-jerking politicians only stir up a frenzy. It's the calm voice that matters, not the moderated one of the politician seeking to persuade a gullible public.
Your post Taken for Granted has had an effect upon me. Stirring up the old grey matter. And, it has led to things over here on the political front. I was getting 200 hits an hour last night!
Nothing can bring your Dad back. But, you are now living for the both of you, which is some consolation.
Later...
John, I would love to hear your history. You are amazing and interesting, and I am thrilled to know you.
...led to things on the political front??? Do tell! Feel free to also e-mail me at Ginerator at aol dot com!
Hi Ginger
Sorry about the delay in getting back to you, but I was writing my last post, taking Rocky for his evening walk, and getting a bite to eat. Its been a hectic couple of days.
Have you got 55 years to spare? I am glad that you say that because everybody who has taken the time to get to know me says exactly the same as you.
The thrill is mine. Especially, after Death Row.
Well, it got me to thinking about relationships etc, and the thought pattern has led to this "manic" posting of late.
I did want to suggest email contact, but I did not want you to feel obligated to me in any way. I did not want to be importunate.
I will email you.
But, in a nutshell, a selected few have for hundreds of years been buying honours Like Lord of Beyondthepale, or Sir Iscratchyourbackandyouscratchmine.
Eventually, somebody decided to complain at this abuse, and the investigators found an audit trail leading back to some key players.
I like the honour you bestowed upon me, and appears to be shared by many of your fellow Americans, that is, international sensation.
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