Monday, 21 February 2011
Angry Men
Sir Louis Blom-Cooper used yesterday's Observer letters page to canter around his hobbyhorse that trial by jury should be abolished, apparently because they do not have it in the Netherlands. Oh, and of course because it is in breach of Article Six of the European Convention on Human Rights, as, indeed, is trial by a Magistrates' Court. Both of these things are perfectly true. I am rather glad that Sir Louis was given this platform. It gave a most important insight. By subscribing to the ECHR, we subscribe to the theory, held axiomatically on the Continent, that not merely the sentence, but guilt or innocence itself, should be determined by a salaried employee of the State.
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"that not merely the sentence, but guilt or innocence itself, should be determined by a salaried employee of the State."
ReplyDeleteBeing Devil's Advocate, but is a jury of people who think the Sun is a serious newspaper any better?
Imagine us adopting the French system where the jury also helps to decide sentence at an Assize.
Any better? Yes. They are not actually making their living by delivering the State's preferred verdict. As for jury involvement in sentencing, I'd have to think about that. But I am sympathetic. After all, lay magistrates both determine guilt and pass sentence.
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