« What Lovely Bureaucrats We Have. | Main | In Which I Help the Public Accounts Committee. »
April 04, 2005
More Death of Freedom
I’d forgotten that the bastards had done this:
The 800-year-old "double jeopardy" rule, which prevented anyone being
tried twice for the same crime, has been largely abolished for serious
cases under changes taking effect in England and Wales today.
In effect, you are no longer found innocent of an offense. Only not guilty yet. What a superb addition to the freedoms we enjoy, eh?
The list of offences now excluded from the double jeopardy rule under the Criminal Justice Act 2003 includes 30 different crimes, such as those involving Class A drugs offences, war crimes and hijacking.
Now don’t forget that this applies retroactively, to verdicts that have already been handed down. I would also suspect that under the Act, extentions to the list of crimes it applies to are simply a matter of a statutory instrument, meaning that a government of the future could play to the gallery (shocking thought eh?) by adding a new crime in 30 days, in response to some well known trial or other.
If you really want to get depressed, try skimming through the Act itself. The entire thing seems to be based on the idea that anything is justified if it increases conviction rates. The old idea that the rules, double jeopardy, hearsay evidence, previous convictions, jury trial, were there to protect us from them, has been thrown out of the window. It is very difficult to read the Act and then conclude that we still live in a free country. The thumb on the scales of justice is now firmly on the State’s side of the balance.
April 4, 2005 in Current Affairs | Permalink
TrackBack
TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341c2d3e53ef00d83458933f69e2
Listed below are links to weblogs that reference More Death of Freedom:
» Do we live in a free country? from Eurealist
Jury trials meant that governments couldn't pass unfair laws because juries would refuse to convict. And double jeopardy rules meant that the government couldn't promptly re-arrest and retry you until they eventually found a jury that would convict.
... [Read More]
Tracked on Apr 5, 2005 9:44:17 AM
» A chill wind... and you need a lawyer to blog anymore? from Argghhh! The Home Of Two Of Jonah's Military Guys..
I used to plan and participate in things like this. In my last job on active duty - not one of this scope, but close! Fun, in the challenge sense- lose sleep, in the responsibility sense. But that was my... [Read More]
Tracked on Apr 5, 2005 1:10:40 PM
Comments
Are you still a holdout for the view that Toni ain't a fascist?
Posted by: dearieme | Apr 4, 2005 10:50:17 AM
He's a fascist.
Jury trials meant that governments couldn't pass unfair laws because juries would refuse to convict. And double jeopardy rules meant that the government couldn't promptly re-arrest and retry you until they eventually found a jury that would convict.
So New Labour's response is to restrict jury trials, and abolish double jeopardy.
They're fascists. Pure and simple. The most dangerous extremists we've had in government for at least two centuries.
Posted by: David Wildgoose | Apr 4, 2005 11:08:04 AM
We now have a fifth freedom to add to FDR's list... freedom from being innocent.
Posted by: Ken | Apr 4, 2005 3:03:56 PM
I'm not a fan of 'him' either, but come on...
Fascism is a system of extreme right wing dictatorship.
If 'he' is a fascist then all mainstram politicians are as well. This is entirely possible after 9/11 but who is the alternative? 'He' who suggested pulling out of the European Convention on the Protection of Human Rights?
Tim adds: Well, whether fascism was extreme right wing is still a matter of discussion. Extreme nationalism yes, but the economics? Big government, Big Labour, Big Business colluding? Corporatism? Mussolini was a Socialst after all, and Lenin thought him the only true revolutionary in western Europe. Please noteI used the word fascist, not Nazi.
Posted by: aEuropean | Apr 4, 2005 4:26:54 PM
The word "Nazi" was made up by the Allies. To the Germans they were "National Socialists", and Hitler always said that he owed a lot to Marx.
The nasty aspect to the German National Socialists, is that unlike the Italian Fascists they were also vehement racists.
New Labour aren't racist, but they are corporatist and hence fascist in outlook.
Posted by: David Wildgoose | Apr 5, 2005 9:52:01 AM
