Wednesday, January 13, 2010 

Rambling about the Naked Rambler.


At the very best of times it's difficult to get a bearing on the workings of the criminal justice system. Without coming over all Daily Mail, there certainly are cases at times which result in cautions or very minor penalties that clearly deserved harsher punishment; to balance that out though there are often also trivialities dealt with in the courts which should have never got anywhere near coming up in front of a beak. One such case is that of Roger Day, prosecuted under the Army Act of 1955 for pretending to be an army veteran after he took part in a Remembrance Day parade in Bedworth wearing medals which he clearly could not have earned himself.

Day thankfully only received a relatively light community service order for his crime of fantasy. At the opposite end of the scale is the continuing stand off between
Stephen Gough, better known as the Naked Rambler, and the Scottish authorities. Having walked from Land's End to John O'Groats on two occasions completely naked, both times being arrested repeatedly, and most often north of the border, Gough has only experienced freedom for a matter of minutes since 2006 after he was arrested for exposing himself on a flight between Southampton and Edinburgh. Since then Gough and the police have been involved in what is probably best described as the Pete Doherty shuffle, so named because of the police's constant pursuit of ex-Libertines drug addict: each time Gough finishes serving his last sentence, for either breaching the peace, contempt of court (for appearing naked in the dock) or public indecency, they immediately arrest him for once again stepping out into the open air wearing usually only socks, boots, a wristwatch and a backpack. Gough's latest arrest came after being released from Perth prison on the 17th of December. He was warned yesterday that he faced life in prison if he continued to refuse to put on clothes, with the same process continuing over and over.

Quite why the Scottish magistrates are allowing this charade to continue is unclear: it's obvious that this long stopped being about Gough and his belief that he has a right to be naked, and has instead become a battle between Gough and the authorities over their consistent re-arresting of him within seconds of him leaving custody. It's all about who's going to blink first, and for the moment it doesn't seem like either side is going to back down. Gough for his part continually argues that nudity in itself is not harmful or indecent, which it isn't. It's arguable whether nudity can be alarming, as suddenly come across a naked person certainly can be, but never has it been argued in Gough's case that his motives for remaining naked have been sexual in nature, nor has anyone made any complaint in that regard. Having undergone psychiatric examination, it's also fairly certain that Gough is not mentally ill, nor does he suffer from a personality disorder. His persistence in remaining naked seems to be based on completely rational justifications,
as his letters to supporters suggest.

The cost of all this is difficult to estimate, but some have suggested that including his legal aid, his room and board at Her Majesty's pleasure and the successive prosecutions, he's run up a taxpayer-paid bill of around or over £200,000. All because the Scottish authorities seem determined to ensure that one man can't possibly be allowed to wander around naked, even for 30 seconds, lest someone be alarmed at a very shrivelled and tiny male member. The obvious solution would be to let him get on with it, but that seems beyond the comprehension of a system which can't seem to let someone who is determined to keep making a fool of it get away with it, even for as long as a minute.

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Friday, December 18, 2009 

The TRUTH strikes back.

The joy of new comment on old posts, redux. I'm not sure whether The TRUTH is related to a headline in a newspaper some while ago, but it might explain something:

LETS GET SOMETHING RIGHT. PEDOPHILES DO NOT HAVE ANY RIGHTS OR AT LEAST SHOULD NOT.TO BE HONEST THEY NEED TO BE LOCKED UP FOREVER.AS YOU CAN NOT CURE THEM.THE SYSTEM AS IT WORKS(WE DO NOT HAVE SARAHS LAW IN ITS FULL,OR ANY PART) DOES NOT WORK,I HAVE SEEN IT LATELY WHERE I LIVE.ALSO OUR WONDERFUL SYSTEM LET SARAH PAYNE DOWN ALONG WITH MANY MANY OTHER CHILDREN.REMEMBER ALSO THAT SARAHS PEDOPHILE MURDERER WAS CAUGHT ONCE BEFORE OUT OF MANY ATTACKS,BUT AN EXPERT IN THESE THINGS GOT HIM A SOFT SENTENCE .AND HE WENT ON TO KILL SARAH.SO JAILHOUSE LAWYER AND ANYONE ELSE WHO THINKS EVIL SCUM HAVE RIGHTS .THINK AGAIN BECAUSE WE WILL GET TOUGHER SENTENCES FOR PAEDOS AND WE WILL EVENTUALLY GET THE FULL SARAH LAW.

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Thursday, August 06, 2009 

Jack Straw, also synonymous with heartless bastard.

It seems that we have Ronnie Biggs to thank for two things: firstly, for demonstrating just what condition you have to be released from prison on "compassionate" grounds, and secondly for highlighting what a charmless, inhumane bastard Jack Straw is.

On the 1st day of last month Straw ruled that Biggs couldn't be released because he was "wholly unrepentant". This was despite the fact that Biggs can't talk, walk, eat or drink. A few days before Straw's ruling he had fell and broken his hip; the parole board without apparently being sardonic, said the risk he posed "was manageable under the proposed risk management plan". The risk from a man who has to be fed through a tube and who can barely walk must rank up there with the risk posed by eating Pop Rocks and then drinking Coke, or the risk of being mauled to death by a band of marauding gerbils. Straw didn't bother to explain how keeping such a man in prison at a cost doubtless far in excess of that if he was in a nursing home was justifiable except in terms of pure vindictiveness. If the aim was to please the authoritarian populists in the tabloids, he failed: even they blanched at a man close to death being kept inside for no real reason except the establishment getting its own back for being played a fool for years.

37 days later and Biggs' condition has now deteriorated so significantly that Straw has granted parole on "compassionate" grounds. This in effect means that Biggs is about to die, with his son hoping that he survives long enough to see out his birthday on Saturday. If Straw had granted Biggs parole back on the 1st of July, he might just have been able to enjoy a few days of something approaching freedom; now he's likely to just slip away, having gone down with pneumonia. Politicians such as Straw justify the likes of Iraq war on the basis that even if hundreds of thousands of people died, the ends justified the means; in any event, rarely do they see the consequences of their actions close up, and even then they can take the abstract view, that they weren't personally responsible even if in the chain of command. Yet Straw can hardly deny in this instance that he may well have directly contributed to Biggs' suffering further than he needed to. Straw's shamelessness though seems unlikely to even slightly twinge his conscience, even when others would have been deeply troubled by just that thought.

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Tuesday, July 07, 2009 

Scum-watch: "Soft Labour" is here again.

We're getting into one of those periods again when the Sun decides it's time to go after Labour's record on the criminal justice system. This is one of those dividing lines where the "hawks" think that Labour hasn't been harsh enough, i.e. the Sun, other tabloids and the Tories, although I doubt they'll be much difference should they get into power, and the "doves", i.e. the likes of bleeding hearts like me, who think that Labour has legislated far too much and imprisoned far too many even while crime, according to the official statistics (and replicated across the Western world) has fallen to levels last seen in the early 80s.

Last week we had the claim that Britain was the most violent European country, while also claiming that also included the United States and South Africa, where there are other 20,000 murders a year. This was based upon highly incomparable figures released by the European Commission, which were then compiled by the Conservatives, who sent them on to sympathetic newspapers. The actual data on which these were based either hasn't been released publicly, or hasn't been by any of the organisations involved in compiling it - there's nothing on the EC site, nothing on the Eurostat site, and nothing on the Tories' site, making it impossible to even begin to verify the claims.

Today the Sun is stunned, stunned to learn that "life" doesn't mean life. Alongside the obligatory report on Michael Jackson's funeral, the front page shrieked about how "Lifers do just 9 years". Those who don't bother to read the story, or the further explanation provided in the paper might be surprised to learn that this doesn't include those convicted of murder, as they might imagine. They instead do an average of 16 years. Rather, those sentenced to life imprisonment but convicted of manslaughter, violent rape or armed robbery and released from prison in 2007 served an average of 9 years, based upon the 146 who were allowed out. This is hardly surprising, as those sentenced to life are always given a minimum term which they must serve before they can apply for parole. What the Sun doesn't mention, and which is often glossed over in the tabloids when reporting such "shock, horror" figures, is that those sentenced to life imprisonment remain on licence for the rest of their lives - if they commit another crime after being released they are immediately recalled to prison. This of course doesn't always happen - as the other figures released yesterday, which amazingly revealed that up to 1,000 people meant to have been recalled instead made a run for it, suggested. The vast, vast majority are though, and if the Sun has a problem with the time served by "lifers", it ought to take it up with the judges who originally set the term, not the prison and probation system which then have to work with those limits. It also notes that 6% of mandatory lifers were then convicted of another offence after being released, which seems remarkably low considering that up to 67% of those sent to prison are recidivists, having previously been behind bars.

All of this overlooks that not only has the prison population vastly increased under Labour, but that sentences have been getting longer, as a past Prison Reform Trust report found. A report released on Monday by the Howard League for Penal Reform reached much the same conclusions and called for a reduction in the prison population, for some prisons to be closed and for local authorities to take control of the prison system, as well as for a major expansion in community sentencing as opposed to short, worthless, if not downright damaging sentences which are currently keeping the prisons full and which have expanded massively under Labour.

This is naturally diametrically opposed by the likes of the Sun. That isn't "tough"; that's "soft", just like Labour have been, and as today's editorial states:

CAN you believe 1,000 criminals, including murderers and rapists, are walking free when they should be behind bars?

Of course you can. After 12 years of "Soft Labour," nothing surprises us about our shambolic criminal justice system.

This doesn't of course take into consideration that this was the first ever complete audit of those meant to have been taken back into custody and dates back to 1984 - 13 years of which Labour can hardly be blamed for, although that hasn't stopped either the Sun or the Tories. The real blame here lies with the police for not chasing warrants or being given the resources to do so, not with the criminal justice system itself.

No wonder, when convicted criminals are let off with non-custodial sentences or let loose on licence after serving half their time.

"Let off" - doesn't even give a chance to either fines or community sentences. The reason why so many are now serving half their sentence, or even just a third is down to the continual demands for harsher sentencing and more prison places; continual growth in places simply isn't possible without planning restrictions being rode over and greatly annoying those in the vicinity of the new establishment. This was the case when the Sun called for Connaught Barracks to be turned into a prison - the local community predictably went up in arms and saw off any chance of it happening.

The average "life" term is a derisory NINE years! Some thugs might consider that a price worth paying.

Well, no, it isn't, as its own story makes clear. The idea that anyone will consider the potential prison sentence they will receive before carrying out a crime which will attract a life sentence is to give credit to them which they almost certainly don't deserve. 9 years in prison is hardly a walk in the park, regardless of how often the Sun claims our jails are "cushy".

Now the Justice Department admit hundreds of prisoners who have broken their licence have done a runner.

They include 19 murders, two convicted of manslaughter and 26 sex offenders including 12 rapists.

The government claim this is because of their crackdown on licence breaches.

But most people will believe a different explanation... that releasing violent offenders early puts us all at risk.

Except as noted some these date back to the 80s, and they don't include just those released early, but those released on parole at the end of their term who have then re-offended. The Sun, by such repeated attacks, helps ensure that there can be no change in the policies on law and order between the two main parties. We urgently need to put a stop to the war on crime in its current form, just as we do all the other so-called wars.

P.S.

Why, what do we have here? Some confirmation of yesterday's post perhaps? From further on in today's leader:

TORY leader David Cameron risks being accused of promising all things to all men.

He wants cuts in public spending, yet ring-fences the gigantic NHS and foreign aid budgets against any serious pruning.

He rightly vows to slash the hugely expensive brigade of bossyboots who run meddling quangos like Ofcom.

Unlike the brigade of bossyboots and meddlers in Wapping and News International, naturally.

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Wednesday, July 01, 2009 

Basic inhumanity.

What possible purpose is served by the refusal to grant parole to Ronnie Biggs? The only conclusion that can be reached is that this is pure political grandstanding by Jack Straw, designed to win favour with the more punitive tabloids. It's also an insight into the similarly ridiculous way in which the prison system works. While Biggs was clearly guilty of his part in the Great Train Robbery, those convicted of murder who reject their guilt cannot be considered for parole and so are destined to spend their entire life behind bars until they do so, as Sean Hodgson almost did, until finally proved innocent by newly discovered forensic evidence.

As Biggs has apparently refused to show repentance for his crime and has not taken part in the courses which those looking to be released usually have to pass before their parole is granted, he looks set to languish in a cell until he dies, which might not be that far in the future. According to his family, Biggs can no longer speak, cannot walk and at the weekend broke his hip after a fall. Keeping a man in prison in such circumstances is the heighth of stupidity, as not only can he not receive the help that he obviously needs, but he also doubtless takes up extra resources which could be better used elsewhere. The prison system is overcrowded enough as it is, without also having invalids who now only seem to be inside because of the perniciousness of a government minister. It would be different if Biggs' crime was similar in proportion to that of say, Ian Brady's, still refusing after all these years to reveal where his final victim was buried, but despite the huge amount seized in the robbery, no one suffered to anywhere near the extent to which it would be appropriate to inflict a similar amount of suffering on those guilty. Jack Straw seems to be just playing to the gallery yet again.

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Friday, January 30, 2009 

The comedy of terrorism and Nicky Reilly.

Such is the horror of the end result of a successful suicide attack, few have so far attempted to turn perhaps the ultimate act of personal violence into comedy: Monkey Dust, the dark BBC3 animated satire, had hapless Brummies blowing themselves up, while Chris Morris now has his jihadist comedy in film production, having been giving funding by Warp Films. It's all the more surprising because there is such an obvious rich vein of humour running through some of those who consider themselves martyrdom seekers: even going beyond the belief that somehow killing others at the same time as yourself will instantly result in your entrance to the highest level of paradise alongside 72 virgins, the incompetence of the bombers who can't even succeed in killing themselves, let alone anyone else, alongside the arrogance of the finger-pointing last will and testaments meant to cause fear but which instead strike as someone being far too influenced by the personal hubris which infects YouTube, are all potential goldmine material.

With that in mind, it seems even more difficult to countenance the attitude taken towards Nicky Reilly and his comprehensively failed suicide attack in a Giraffe restaurant in Exeter. I challenge anyone not to find the entire thing completely absurd, or even analogous to a potential comedy sketch: an utter incompetent chooses of all places, one of the most bourgeois and trendy franchise restaurants to deliver his payload, but instead of successfully putting together his "bomb", if a concoction of caustic soda and kerosene can really be described as a bomb, he instead gets trapped in the toilet cubicle, with the mixture going off in his face. Somehow, rather than treating this with about the level of concern that it deserved, he is unaccountably charged with attempted murder, when the only person he came close to killing was himself. It's worth keeping in mind that the failed Glasgow airport attacker, despite launching two failed assaults, was not charged with attempted murder, but rather with conspiracy to murder and conspiracy to cause explosions. You have to wonder whether this was purely technical: Abu Beavis and Abu Butthead failed to cause any explosion; Reillly did, even though it went off in his face, therefore he could technically of killed someone, hence attempted murder.

Even so, for Reilly to be sentenced to 18 years in prison seems to be out of all proportion to his crime. Yes, his intention probably was, if he could, to kill as many people as possible, but he transparently failed in that aim. Moreover, everyone seems to agree that Reilly was preyed upon, although it seems he was self-radicalised, and that his Asperger's syndrome was more than a factor. It seems equally likely that he could, through personal programmes and direct help, be deradicalised fairly easily. At most, a sentence of around 5 years would have seen justice served, and everyone could have treated it as the joke it was and should have been. 18 years is the biggest gag of all, except for Reilly himself and his family.

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Monday, January 26, 2009 

A true victims' champion.

It's a truly inspirational choice on the part of government to make Sara Payne "victims' champion" for just one simple reason. If she was to get her way, the one thing you can rest assured there would be is more victims. Payne's campaign, thankfully mostly frustrated, has been to introduce a version of Megan's law in this country. The NSPCC published an extensive report which looked in detail into the evidence for whether the law had worked - and found that there was nothing to suggest that any child had been made safer as a result. On the contrary, there is evidence to suggest the opposite - that registration levels of sex offenders, which had previously been over 90%, had dropped to 80%, while the recording of vigilante attacks against those "named and shamed" was hardly bothered with. When the purpose of the law is to make offenders more visible and children as a result safer, that seems as close to failing as it's possible to imagine.

Payne's appointment if anything seems to be a government attempt to deflect flak. Having already buttered her up by giving her an MBE in the New Year's honours, she's doubtless to be more inclined to defend the government than say, a Helen Newlove. She's already stated that she thought she was treated excellently by the system, while Newlove complained bitterly about her experience. Whenever a tabloid now complains about how shoddy the criminal justice system is, they can point to Payne and say look, we are doing something, honest!

While Blair's mission to "rebalance the justice system in favour of the victim" has been quietly abandoned under Brown, again thankfully, Payne's appointment is still the hint that the government is beholden to the view that the criminals have it all their own way and that prison is now comparable to a stay in a more regimental, same-sex Butlins. Louise Casey's report last year, the introduction of the "community payback" jackets, and Payne's own view that it's the criminals who have all the organisations supporting them, similar to comments by Jack Straw late last year about the "criminal justice lobby", are all part of the government's attempts to try to fight this increasingly popular opinion while still giving succour to it. Along with the deliberate suffocation of individual liberties, the casual attitude towards things such as the principle of being innocent until proven guilty, as well as the increasing implication that rights are things which only criminals and terrorists have, this all invariably leads to the same ultimate conclusions: that prison works, that it's better to be safe than be sorry and that suggesting the opposite is approaching seditious. The CJS can and should be improved, and victims' rights as well as those of the accused have to be respected, but nothing whatsoever is to be gained by pretending that until convicted one has more than the other.

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Monday, October 27, 2008 

That insidious criminal justice lobby...

I have very little to add to what both Justin and Dave Osler have already said about Jack Straw's latest exercise in attempting to placate the tabloids, although the idea that there's even a "criminal justice lobby" is incredibly humourous, as is the idea that it has any real influence whatsoever over government policy. If groups such as the Howard League for Penal Reform or the Prison Reform Trust did, then we wouldn't currently have the largest prison population we have ever had, nor would the government be intending to even further extend prison capacity, or to build those self-same prisons with overcrowding built-in.

The parts of the speech released smack of "Unspeak". Straw it seems wants to reintroduce old-fashioned words like "punishment" and "reform", as if they had ever went away. The real reason why they might have become deprecated is because we no longer see prison purely as punishment or purely as reform; we've realised that pure punishment does not reform, just as without punishment there is no incentive to reform. This though is far too touch-feely for the tabloids, or for the victims' families that the Sun especially keeps inflicting upon us: what they want is little more than an eye for an eye, which the system can never provide. Equally disingenuous is his highlighting of terms such as "criminogenic needs of offenders"; a Google search turns up just 32,400 results, most of them American in origin or from psychological academic tomes.

It's not even as if Straw is being anything approaching original. Almost all the previous home secretaries under Labour, including Straw himself, and now the justice secretary since the changes in the Home Office have said they'll be ever tougher on crime, criminals and increasingly cater for victims. Each has also subsequently, after doing so and having failed to provide the punitive measures which they apparently favoured, been ridiculed and pilloried by those they attempted to woo. John Reid was depicted as brainless and Charles Clarke was sacrificed over the foreign prisoners affair; only Blunkett prospered, being given pride of place by the Sun in its columns for his "straight-talk". Straw must surely be aware of the dangers of his approach, but has gone ahead anyway.

And how has the Sun, for example, responded? In the way only it can:

But Helen Newlove, widow of Garry, who was kicked to death by thugs in Warrington, Cheshire, last year, said: “This is too little too late.

“Labour brought in the barmy Human Rights Act in the first place and employed many of these do-gooders themselves on huge salaries.”


Would Newlove like to name on single do-gooder that has been employed on a huge salary? It would be a challenge, as they number next to none.

As for the editorial:

Of course this is all true. Of course prison reformers get their way too often.

*snort*

You talk a good game, Jack. If you really mean business, though, give us those new prisons.

And end the early-release scheme that last year alone saw 31,000 inmates — yes, 31,000 — freed before their time.


All released a whole two weeks' before their sentence would have ended normally and that without which the prisons would be completely full, partially as a result of the Scum's own demands for incessant harsher sentences. Straw can't possibly win, but you almost have to give him credit for trying. The countdown to Straw being depicted as a crazed lunatic setting free criminals to murder your relatives begins now.

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Monday, February 25, 2008 

Scum-watch: A lesson in attempting to puncture its own emotional balloon.

It's interesting, these days, watching the Sun (No, please, come back!). Last year after the failed patio gas canister bombings it clearly didn't have the slightest idea how to respond to them: first with hackneyed blitz spirit type defiance; then scaremongering, and the resurrection of its demands to scrap the human rights act; and finally, resorting to patriotism, ordering everyone to fly the flag. This remember is the paper which over the 80s and up until recently was often considered the weathervane of the nation, or symbolic of how a majority of how it was responding, typified by how when it changed from supporting the Conservatives to New Labour that it was considered the final, death blow against John Major.

Since then of course we've had the online revolution; now the most visited UK newspaper website is the loony-left Guardian, closely followed by the Mail Online. Circulations continue to plunge, with the Sun recently slipping below the 3 million mark, only rising back above it because of price cutting. The real success story of today is the Daily Mail, and by far the most despicable, distorted press coverage of late, directed at asylum seekers and immigrants, has come not from the Sun but from the Express and Mail. Whether it's because the Sun's reflecting society at large or not, or that it's lost its way as the country has become more liberal and has tried but failed to follow, it no longer has the zest or vim that it had under Kelvin MacKenzie's editorship, as rabid as that was in places. The rot set in under David Yelland, the most memorable of his front pages one asking Tony Blair whether we were being run by a gay mafia, and Rebekah Wade, most notable beforehand for her "name and shame" campaign against paedophiles on the News of the World, has done little to change that.

Even so, it's surprising that it's been so surprised by the vehemence of the response to its call for a debate on capital punishment. For years it's been claiming without the slightest amount of evidence that judges are liberal loonies, that crime is getting worse while the figures suggest the opposite and that the criminal justice system is failing us all. The result of this campaign for "toughness", led not just by it but by the other right-wing tabloids also, is both obvious and apparent; our prisons are now so full that there is little to no room whatsoever left in them. Of late, the rallying cry has been against binge drinking and youth, or rather "yob" violence. This was crystallised by the death of Garry Newlove, a loving, caring father kicked to death by 3 teenagers who had drank large amounts of strong alcohol and smoked cannabis beforehand. It's one of those cases, like the murder of Rhys Jones, that pushes the press into a familiar period of soul-searching of how we've reached this lowest-collective ebb. The reality is of course that it's an aberration, a terrible crime that is thankfully very rare. Nonetheless, it gave the Sun and Newlove's loving widow, an opportunity: both want change, but for very different reasons. The Sun wants improved sales and to be able to crow about changing government policy, as well increasing its own influence; Newlove wants vengeance and for her husband's death to not be in vain. Newlove, along with a shopping list of other demands, clearly stated how she longed to be able to personally execute the 3 boys who killed her husband. Never mind that even in most American states it would have been highly unlikely they would have been sentenced to death because the crime wasn't premeditated, and that perhaps only in such freedom loving countries as China, Saudi Arabia and Iran would such a punishment have taken place, the Sun at the time didn't speak up and say that it was personally against capital punishment. It did all it could to encourage a grieving, deeply hurt woman to keep going.

Then, in quick succession, we've had other troubling murder cases, which due to their own individual circumstances have caught the public's attention, or at least certainly the media's. In Steve Wright's, because he murdered 5 prostitutes with no apparent motive, not even a sexual one, and was apparently not mentally ill; and Mark Dixie's, in that he stalked and killed a beautiful 18-year-old aspiring model, who had a whole string of portfolio photographs that the media could splash all over their pages. Today Levi Bellfield was convicted of the murders of two young women, and suspected, like the previous two, of having potentially killed before. While the relatives of Bellfield's victims haven't spoken out yet, it won't be much of a surprise if they too, like the next of kin of those killed by Wright and the mother of Sally Anne Bowman, Dixie's victim, suggest that they would also like to see the return of the ultimate penalty.

The Sun on Saturday then, presumably because of the response on its talkboards which are usually filled with individuals not always residing in this country demanding the restoration of capital punishment, set up an actual poll asking whether readers would like to see hanging back. The response seems on the surface to be overwhelming, and despite the Sun personally coming out against it. 99% of 95,000 wanted it brought back, according to their you the jury poll. The poll result is of course questionable; you can vote multiple times on the online poll, and doubtless can on the actual phone lines too. Even if you consider that it is a seemingly massive response, the Sun has over 3 million sales, which means that 3% of its readers' responded and want it back. The Sun also claims to have an actual readership of 8 million, meaning that the figure goes even lower when you factor that in.

Despite its past polls returning similar overwhelming results, the paper in this case genuinely seems taken aback by the response. The question has to be: why? Its attitude to crime has always been leading towards such a policy, even if it actually balks at the possibility. I very much doubt it's because polls that are representatively sampled suggest around 60% or lower (albeit from a few years' ago) are usually in favour of capital punishment being brought back, with even only 65% of Tory voters wanting hanging to return; rather, it's because it's greatly perturbed that its readers aren't hanging off their every editorial word. The Sun is, first and foremost, pure propaganda, and it expects its line to be swallowed. Secondly, it almost seems worried that it can't control what it's started off.

As Tim Ireland writes, it almost seems as if the paper is trying to control the mob it set in motion. Wade couldn't do it when she named and shamed paedophiles and a paediatrician ended up being hounded out; how on earth could she manage it now? In any case, she's making an attempt: as well as listing all the relatives of victims who want capital punishment back, the paper remarks on how Sara Payne, one of those whose line in criminal justice policy based purely on her own experience as a victim has been pushed relentlessly in the paper, doesn't want it back. It points out how Pierrepoint didn't believe that it was a deterrent (although Wikipedia asks whether this was just a selling tactic for his book), without mentioning how he, merciful and humane despite his role as executioner, was only interested in making sure that the end for the person being put to death was as painless and quick as possible, something at odds with many of those calling for its return, who clearly want those put to death to suffer. It even says that the hated Germans brought hanging to this country, almost as if wanting to put its readers off it by its pure heritage; the page 3 girl, the paper's purest piece of propaganda, asks for life to mean life rather than for capital punishment; and only two of the Sun's gor blimey commentators, both of them the loathsome talk radio hosts Jon Gaunt and Fergus Shanahan, want it back.

Today's leader column is extraordinary therefore for a couple of reasons. Firstly, because I agree with large parts of it, which is almost a first; secondly, because of its sheer flaming hypocrisy:

THE clamour for the death penalty is deafening.

Some 99 per cent of 100,000 voters in our poll demand its return.

Such an overwhelming response is no surprise after the killings of Garry Newlove, Sally Anne Bowman and the five Suffolk Strangler victims. Not to mention the anarchy that has erupted in some parts of Britain.

No one reading the heart-rending interviews with any of the victims’ families could fail to understand their desire for the ultimate revenge. Most of us share it.

But The Sun does not believe in capital punishment. It will not be brought back on a wave of public emotion, however much we sympathise with it.

Emotion cannot dictate a nation’s system of punishment

Yet that is exactly what it has wanted by giving over so much space to Helen Newlove and others. Helen Newlove claims in her own case for why it should be brought back that it isn't about revenge or vengeance - yet anyone reading her demands and frankly chilling account of how she'd like to execute her husband's killers couldn't fail to realise that was exactly the motive on which she was acting. Emotion or revenge cannot possibly even begin to be a part of any justice system which is going to attempt to be fair - yet by not pointing that out forcefully enough the Sun has failed those that it's given such succour to.

This is the Sun's main argument for what should take capital punishment's place - and it's just as flawed as capital punishment itself is:

Demands for capital punishment are only so strong because the justice system fails at every turn.

Too few police. Too few arrests. Too few offenders being locked away because there are too few jails and, scandalously, they were allowed to become too full.

Too few judges taking public safety seriously.

And far too many serious offenders whose “life” terms mean nothing of the kind.


Except we've got almost the most police ever. How can you possibly say too few offenders are locked away when there's currently 82,000 in prison and we are among the most heavy users of prison as punishment in Europe? Yes, the jails are too full, but that's not just the fault of the government but of the very same newspapers that have demanded ever tougher punishments, got them, and then demanded even harsher sentences. The very reason we're currently at bursting point is because when we have these sporadic bursts of draconian sentiment the judges are inclined to send those they might have previously fined or put on a community order to prison. They're reflecting what is apparently public opinion, even if polls now suggest that the country is split equally over whether more prisons are the answer. Judges are doing their very best in difficult circumstances; and "life" terms are usually about right. Learco Chindamo perhaps should have got more than 12 years, yet when the evidence suggests that he is a rare success story of prison actually working beyond just locking the dangerous away, he gets attacked, the victim of his crime is given centre stage to voice her disgust, and the demands for tougher sentences grow once again. Who could disagree with Dixie being sentenced to over 30 years, meaning he'll be 70 and a danger to no one if he is eventually to be released? Wright's sentence was also the right one, as was mostly the ones given to Newlove's killers. Life should only ever mean life where this is no chance whatsoever of redemption, or in the case of someone committing multiple murders. Despite common belief, life sentences have never meant life in this country, and the time served for a life sentence has actually continued to rise since the abolition of capital punishment. Believe it or not, and I'm sure I'm not the only person who thinks this, our current justice system model gets it about right. The occasional cases where it either gets it wrong, with both miscarriages of justice and with those who either get away with it or kill again needed to be taken into consideration, are relatively few.

The most true and again, also line which contains the most chutzpah on the Sun's behalf in this one:

Revenge is the real motivation behind the calls for the return of capital punishment. That’s not enough in a civilised society.

And who knows just how the average supporter of capital punishment will take to being spoken to in such a tone by the "reactionary" Sun newspaper?

Related post:
Impotent Fury - Tabloid legislation - why do we bother having a government?

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Wednesday, March 28, 2007 

Building on years of knee-jerking.

A weary sense of deja-vu washes over you, reading yet another outburst of reforms to be made, or at least proposed to be eventually made to the criminal justice system. It was billed by some as the government preparing to admit that less offenders have to be sent to prison, and Nick Clegg has claimed that this may turn out to be "a significant victory for liberalism", but back down here on planet Earth it looks anything but.

It's true that the document behind Blair's speech, Building on progress: Security, crime and justice (PDF), does contain some measures that could be considered liberal. It doesn't risk mentioning cutting the record numbers in prison for risk of offending the tabloids, but does use a euphemism, "stabilising sentencing" which might well mean that the great prison building program, the seeing of no ships and the converting of old army bases into gulags might be put on hold. Non-custodial sentences are going to be made more "effective", meaning tougher or harsher, and drug rehabilitation in prison is going to be strengthened.

The problem is that we've heard it all before. Year after year we've been told that alongside the ever harsher sentencing regimes that community service sentencing is going to be encouraged and tightened. It hasn't happened. Judges have jumped at the chance of using the new indeterminate sentence, but the message hasn't got through that community service was meant to be promoted alongside accordingly to keep the balance right. Why should we be surprised, expect otherwise or blame the judges when all we and they ever hear about is Home Office scandals and that "soft" sentences are being axed?

The same thing applies with drug rehabilitation. It's been a problem for years, nay decades, the solution is relatively obvious, but it just hasn't happened. Prisons aren't the best places to try to treat drug addiction to begin with, but with it being unlikely that it would be acceptable for those who are convicted of crimes that are related to drug problems to instead being sentenced to specialised units, they're probably the least worst option. Again, making heroin available on the NHS would also probably help, but it's a decision that a politician would flinch at making when drugs which help those suffering from Alzheimer's are considered too expensive. Millions can be wasted on a IT system which few people within the service want and which is being "delivered" by the incompetent and the greedy, but making a genuine difference to the lives of people throughout the country is a step too far.

The next bright idea is that in the long-term (i.e. never) "hybrid-prisons" will be set-up to treat mentally ill offenders. This seems to miss the entire point that the mentally ill shouldn't be dumped in the prison system in the first place. The current system, with the mass closure of mental health wards has meant that the current situation is only likely to get worse.

And, err, that's it. That's pretty much all the liberal reforms suggested. The rest range from the unspeakable and the irredeemable to the impossible. Children are going to be subjected to further poking, proding and testing, lest they show any sign of criminal tendencies. These include low attainment at school, bunking off and the abusing of illegal substances. Seeing as the last is definitely a crime and the second can be, excuse me not being too enthusiastic. Again, how is this going to be done effectively in the first place and why is this in any way acceptable in the second? When social workers can't apparently tell that a girl being forced to wear a sign informing those around her that she's evil is at risk of being abused, how is it going to work?

This isn't even the worst of it. Anyone who so much as comes into contact with the police from now on is likely to have their particulars taken, as in their fingerprints and DNA. The "hated" "human rights laws" are to be "reviewed" to make sure that they're not restricting implementation of asylum and immigration policies, which means in short that they're looking to make it easier to deport people but will most likely leave things rightly as they are. Not Saussure notices that the document praises the fact that the police can now use helicopters equipped with infrared cameras that can detect cannabis farms through the heat generated by the growing lamps, which seems like a brilliant use of both time and money. Oh, and it turns out that all those CCTV cameras aren't actually that good are producing clear evidence: more is going to be spent on upgrading them.

The government has driven itself into a hole. Forever wanting to appease the tabloids, it long ago gave up any attempt to fight the causes of crime as well as crime itself. As Simon Jenkins argues, the solutions are relatively simple. They just need a minister and a government that's prepared to fight, and this one, which has been so ready and willing to do it overseas, simply can't face doing it at home.

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