Film, Media & TV0 min ago
On The Eve Of The 25Th Anniversary Of The Stephen Lawrence Killing Yet Another Black Lad Is Killed In London, I Wonder If Kwesi Will Be So Remembered In 25 Years Time?
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You could just as easily ask that question of all media outlets, ummmm. Young folk are dropping like flies, especially in the capital but a 25 year old case still seems to get more coverage. More historic guilt and self flagellation maybe?
09:48 Sun 22nd Apr 2018
I understand NJ's arguments for the double jeopardy principle and his insistence that we ought not make exceptions to it even in the circumstances of the Stephen Lawrence case.
But new evidence - as in my DNA/Hanratty example - could reveal a miscarriage of justice - like a guilty man has got off with murder.
Do we have another go at the guy or not? Double jeopardy and NJ say no. This would be consistent with the famous Blackstone formulation from the 18th century: "it is better that ten guilty persons escape than that one innocent suffer". There's a real point here, but Blackstone's use of arithmetic reduces it to absurdity: you can ensure the protection of the innocent by acquitting all, or, more simply, prosecuting nobody, thereby serving the needs both of economy and of justice as defined by Blackstone.
But turning my example around, if an innocent Hanratty had been jailed for life rather than hanged, then subsequent DNA evidence proving he wasn't the rapist and murderer would have secured his release, yes?
But new evidence - as in my DNA/Hanratty example - could reveal a miscarriage of justice - like a guilty man has got off with murder.
Do we have another go at the guy or not? Double jeopardy and NJ say no. This would be consistent with the famous Blackstone formulation from the 18th century: "it is better that ten guilty persons escape than that one innocent suffer". There's a real point here, but Blackstone's use of arithmetic reduces it to absurdity: you can ensure the protection of the innocent by acquitting all, or, more simply, prosecuting nobody, thereby serving the needs both of economy and of justice as defined by Blackstone.
But turning my example around, if an innocent Hanratty had been jailed for life rather than hanged, then subsequent DNA evidence proving he wasn't the rapist and murderer would have secured his release, yes?
I am pleased to see the end of the double jeopardy law. It is now up to the authorities to ensure that there are sufficient grounds for a retrial, as indeed it should have always been. We shouldn’t have needed a law, which would prevent a retrial when new evidence was available, just to 'concentrate the minds of prosecutors'. Given the few retrials there have been since the law was dropped, it was clearly the right decision.
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