Saturday, 24 June 2006

A good lesson for us all

For those who dislike the approach of John "Psycho" Reid, here's a reminder of why his pandering to the tabloids is detestable. By Boris Johnson:

The Stagg case is a perfect example of why we should not allow ourselves to be ruled by tabloid editors. The Daily Mail's MMR panic has brought us an increase in measles, and the general panic over paedophiles has all but driven men from primary school classrooms.

It needs brave politicians to resist this kind of nonsense, and brave judges to tell the media when they are wrong.

I won't go into the problems at the Home Office in great detail. It's too late and I'm tired for a start. I also don't know very much about it. I did, however, study A-level law (I bet these credentials impress you), and did criminal law for the whole of my second year. The problem appears to be that much criminal law is crap. What legislation we have is usually ancient, and most legislation is buggered up by judges who have little experience in criminal law. Most practised in civil law, which accounts for about 95% of legal cases.

It's not the judge's fault entirely though. Politicians cannot be bothered to reform the criminal law - it's not "sexy" enough. Tightening up the law on malicious wounding doesn't win votes. The Law Commission have, however, published a draft criminal code which would codify the criminal law. This would put all the law in one place, rather than have it in several million separate cases which is confusing for judges. Not that that will ever be implemented. Unless I get into power.....(nudge nudge etc).

Blaming the judges for lower sentences is also laughable, when they are constrained by the extra legislation New Labour has introduced. The Judge in the case which provoked spluttering from the tabloids actually said he would have given a harsher sentence, but was unable to (partly because the defendant pleaded guilty, automatically knocking a third off his sentence).

I quite like the idea of the Daily Mirror's though:

The Daily Mirror is calling for a new "two strikes" rule to ensure people who commit a second serious sex attack on children are never released from jail

Not sure if I should agree with anything the Mirror says, but it seems sensible enough. Just let the judges carry on with their work! (and pass the Draft Criminal Code....)

-posted by Roy

Posted by The golden strawberry at 00:03:10 | Permanent Link | Comments (0) |
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