Numbskull Cracker

The so-called Skull Cracker is back in custody. So it's back to a closed prison, fresh charges of escaping, and an alleged new robbery, for someone who was in sight of eventual release.

Every now and again, on the low-level crimes that I deal with, I am tempted to say "Look matey, you are absolutely crap at this crime business. Why not try something else? You have buggered up your life, spending years in a small cell along with someone who is just as stupid as you. How long before it sinks in? Pack it in, you loser".

I mustn't say that though, but sometimes it's tempting.

From The Saloon Bar

It is well known to my social circle that I am a magistrate,and I have no problem with that. I am teased, of course, but I am also approached by people who have been angered or confused by the polemical voices in the press as well as by people who just want to know how the system works.

I am happy to inform when I can, and to try to counter any misconceptions as simply as I am able to.

Today the press has been concerned about the fact that a serving prisoner, on several life sentences, has absconded from an open prison. 

This raises numerous questions, of course. For one thing, it is high time that we rebranded the 'Life' sentence, that is in fact nothing of the sort. A so-called life sentence is in fact an indeterminate sentence, the length of which is driven by the judge's tariff. Once serving the prisoner is managed by the prison service and the parole board. 

Several things drive the practice of moving prisoners from closed prisons to open ones, and the underlying principles are sensible. After serving a long sentence it is both logical
and humane  to move the prisoner to an environment where he can be gradually eased into society. That usually works, but this latest case clearly didn't.  

Just a thought

Watching TV news reports about Max Clifford, I realised that he was sentenced in the very courtroom in which I was sworn in as a JP a very long time ago.

Clarity

At first sight the eight year sentence passed on Max Clifford  looks a bit on the steep side, but the judge's closely argued sentencing remarks here set out clearly the reasoning process that led to the sentence.

The practice of releasing sentencing remarks on the Internet as soon as possible is an excellent way to de-mystify a sentencing process that can be opaque to the public.

What Was She Thinking?

The Briscoe affair will be settled tomorrow by a judge.  (it was - 16 months )

I have no comment on that, but on a human level, I remain baffled as to what can have motivated Ms. Briscoe. I am not a lawyer, but over the years I have worked and socialised with a great number of them. Ms. Briscoe was a Recorder of the Crown Court and over the years I have often sat on appeals with Recorders such as her. On the whole I have been impressed by their professionalism and dedication. Personalities and styles may differ widely but when it comes down to the law and to dissecting evidence,  I have always been happy that we were going in the right direction.

So knowing what she knows, and given her presumed understanding of judicial culture, I cannot imagine what was going through her forensically trained mind when she made the fatal decisions that she did.

Was it misguided loyalty to a friend? Hubris? Something Else?

It is sad whichever way you look at it.

A Straw In The Wind

Here's the most serious problem so far caused by the near-abolition of Legal Aid Case Halted .

It is unlikely to be the last.

Plus Ça Change (no. 17 in a never-ending series)

Nine years ago I posted this about crime figures. Not much has changed, except that it has now become apparent that many police forces have shamelessly fiddled their figures, while the CPS persists in allowing under-charging that affects the figures too.

Charmless Rage

We spent a day dealing with Domestic Violence cases this week. Unusually a couple of defendants chose to plead guilty so we adjourned their cases for reports, but the rest all went not guilty, so we had to deal with case management.

"There's no art to find the mind's construction in the face" may well be true, but we were given clues by a few of those we saw. One large man's body language made it as clear as can be that he considered the whole business beneath him. His face bore a scowl that suggested aggressive resentment  and his answers to the Clerk were brusque, but just short of the dividing line that would oblige the chairman to step in. His solicitor's face gave us a clue that he had a difficult and surly client.

Another burly young man had been seen dragging his girlfriend along by the hair, and when challenged by a passing motorist he said "Fuck off. She's my woman and I'll do what I like" . The lady concerned was sitting in the gallery of the court to see how lover boy got on. She has already made a withdrawal statement, but the case may still go ahead on what the police have got. She presumably knows what to expect the next time that he gets into a drink-and-drug-fuelled rage.

I Can't Argue With This (2)

Here's another

I Can't Argue With This (1)

Most JPs would agree with this.

I do.