Thursday, 13 December 2007

Crime and punishment.

Recent events confirm that the wheels of justice grind unevenly in this country.

In north Queensland nine young men are charged with the rape of a ten year old girl.
No gaol time will be served and the inference is that the girl was a willing accomplice. This flies in the face of the law - which states that the age of consent is sixteen.

In Sydney, a judge is accused of perjury by nominating others as the driver of his car which was detected by cameras speeding and running red lights. If true, it would seem to be a case of arrogance to avoid what was a minor fine and loss of points.

The principle of law is that it should be fair - and equally available to all.
Clearly - that is not the case. A defendant who has the money to engage what is known as " a silk " - a Queens Councillor or other highly placed lawyer - has a much better chance of beating the charge than a person who has to rely on a court appointed lawyer - or worse still - represent himself or herself !

Now we have the added distortion of justice - plea bargaining. A person charged with a serious crime that carries a heavy penalty is often offered " a deal ".
Plead guilty to a lesser charge and receive a nominated lesser penalty as a reward for saving court time - and saving the prosecution time and money in preparing the case.

In many cases that person has no option than to accept the deal. No money for a smart lawyer ! No expectation of proving innocence - and a convincing prosecutor who contends that he is being lenient and acting for the prisoner's benefit.

Equality for all before the law - is a joke !

For the prosecution it is a relentless march of cases before the court - to be disposed of in the shortest possible time.

For the judiciary it is a balance of equating sentences to the availability of cells within the prison system.

To the legal profession - it is a money machine. When was the last time you saw a lawyer driving a beat-up old car - or living in a Housing Commission flat ?

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