Wednesday 10 May 2023

You Know What Else Is 'Not Proven', Sandy?

Critics of the not proven verdict, which dates from the 17th century, say it creates confusion for jurors and can stigmatise people amid limited public understanding it is an acquittal.

It's that you have the slightest clue about what you're doing.  

In the biggest shake-up of the legal system for decades, the centuries-old third option for jurors will be axed in a bid to increase Scotland's low rape conviction rate.

Is that a goal worth pursuing? Maybe. But it certainly isn't a goal worth overturning centuries of law for, as the lawyers themselves point out to her, not that she's listening: 

As part of the changes, victims will have their own 'tsar' to stand up for their rights – and a specialist sex crimes court will be set up.
Sandy Brindley, chief executive of Rape Crisis Scotland, said: 'There is a huge amount of research and evidence to suggest that these steps will not only make engaging with the justice system easier for survivors but lead to more justice being done.'

Justice for whom, exactly, Sandy? 

Murray Etherington, president of the Law Society of Scotland, backed by the Faculty of Advocates, criticised the proposed pilot scheme to allow judges to try people for rape – which carries a possible life sentence – without juries.
He said: 'Juries act as an essential and effective safeguard against the potential for unconscious biases to unfairly influence trial outcomes. Even on a pilot basis, judge-only trials will put that fundamental right in jeopardy, with no discernible benefits.'

And that's not all they have to be wary of in this bill: 

The Victims, Witnesses and Justice Reform (Scotland) Bill, will also change the size of criminal juries from 15 to 12, with eight guilty verdicts enough to secure a conviction – compared to a minimum of ten in England, where unanimous decisions are strongly encouraged.

Once again, Scotland's leading the race to the bottom... 

Ms Brindley said she has 'no doubt that guilty men are walking free'.

Never heard of Blackstone's Ratio have you, Sandy? 

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