The Curmudgeon

YOU'LL COME FOR THE CURSES. YOU'LL STAY FOR THE MUDGEONRY.

Thursday, February 23, 2006

Relatively Impartial

The execution of Michael Morales has been postponed. The mother of the girl for whose rape and murder he was sentenced said that the news was "a blow in the stomach". She displayed scant concern for the right of Morales to be spared cruel and unusual punishment, as laid down in the Eighth Amendment to the United States Constitution. "Here our beautiful daughter lies murdered," she said; "and there they worry about the way this monster feels and if he'll feel any pain.'' A certain Steve Gray of San Diego, who had "waited in the cold to support the execution", also expressed disappointment: "I am not too worried about his feelings after the lethal injection, as he had absolutely no feelings for the 17-year-old girl he killed."

Such feelings are, of course, the reason why relatively civilised countries, like America before its constitution was abolished by the Bush gang, tend to be governed by laws rather than emotions. Laws exist in part so that deep and sincere grievances do not lead to vendettas and lynch mobs; which doubtless is one of the things the Texas fratboy and his pals have against the rule of law.

As above, so below. As the United States' representative in the European Court of Human Rights, the UK is introducing "victims' advocates" into homicide trials. Families who are not content with giving statements to the Press will be able to give statements in court, after the guilty verdict and before the sentencing, "detailing how the death and subsequent events had affected them". Legal Aid funding will be available to those who wish to hire a barrister but cannot afford to do so. It appears that the victims in homicide cases are now no longer the deceased, but those who remain behind to collect on the life insurance policy.

At present, this is a pilot project, to be maintained for a year at five crown courts including the Old Bailey. Aside from reducing the courts to the level of tabloid soap opera - a natural and predictable New Labour ambition - it is presumably intended to enhance the impartiality of judges as they consider what sentence to impose. Let's hope that not too many victims agitate for leniency.

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