The British legal system
Having had experience of the British legal system from many sides I think I am qualified to express a few observations and opinions.
The British legal system stinks.
There are probably far better systems elsewhere in Europe.
What we want from a legal system
- Justice (for the victim and accused)
- Speedily delivered
That is not what we get.
What we get
- An archaic charade
- An expensive system
- A slow, laborious process
- An adversarial system that is not concerned with justice but law
- A system full of prejudice
- A system where the rich can afford to buy better defence
- A system that puts money in the pockets of rich barristers
- A lottery system where all too often the guilty walk free and the innocent are found guilty
My own experience
- As a defendant (found guilty three times for traffic offences I did not commit)
- As a jury member (sent an innocent man to prison)
- As a person who has listened to other jury members (a catalogue of wrongful convictions and guilty parties walking free)
- As a parent of an accused man (wrongfully charged and put through a lengthy process that was so stressful and prolonged, and full of such uncertainty (given the vagaries of the system), that none of us have escaped unscathed. Despite being rightfully found innocent there was an enormous cost – financial, career-wise and on mental health.
- As a friend of accused people (guilty and not guilty). The stress and uncertainties, the legal costs and slow process, results in punishment even if later found not guilty.
It hardly fills you with confidence.
A better system
- A speedy process that is streamlined
- A modern system without all the pageantry and archaic silliness
- A system that is not adversarial but seeks to establish the truth. It is not about a clever lawyer putting together a better case than the other lawyer. It is not about how many notches on the belt. It is about justice and whether someone has done it or not.
There are far too many murderers and criminals walking free because they are able to buck the system.
There are far too many victims not receiving justice.
There are far too many innocent people locked up.
From my, admittedly limited knowledge, I much prefer the French system. The Judge, with the help of the police, and interviews with the accused and witnesses, sets out to establish exactly what has happened – seeks the truth – then dispenses justice. There is much we can learn from Europe in many areas – justice is one of them.
I think the British are often arrogant and unwilling to change. Our justice system has not and does not serve us well. The jury system is highly flawed (bored, unintelligent, prejudiced people do not make good judgements). The system has bias towards rich and middle-class whites and against young, lower-class men from ethnic minorities. It is time we learnt from best practice elsewhere and overhauled the whole system.
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