You do not disappoint me. As expected, there is plenty in your most recent post to get my cerebral juices flowing. Firstly, I do take all the points you make. I know I could acknowledge them a little better, but I do listen. Apologies in advance for spelling mistakes and bad grammar. Less time for proof-reading these days.
The Constitution, Justice and all that Jazz
I had the privilege of attending a lecture at the Law Society last night. It did mean travelling to London but was well worth it. The guest list was greatly more impressive than I had realised. A front-bench opposition MP, a couple of Law Lords, judges, former judges, academics, various dignitaries. I have a particular fascination with the Inns of Court and nearby buildings. All steeped in many centuries of tradition. Once inside I realise that these buildings are not just part of history, they are history. Particularly the large oil paintings adorning the walls. Images of distinguished champions from a bygone era. Men of quality, nobility and honour. Women virtuous, gentle and proud. A time when greatness was earned by pioneering endeavour, no media slave to spin and cheat.
Sooooo anyway, it was an interesting lecture, all about the constitutional structure that this current administration, more than any other, has sought to challenge and redefine (politicise) to its own advantage. It focused largely upon the role of the Attorney General who, under New Labour, has ceased to be independent. The original concept being that the AG would be answerable to the people, not the Government. Even a country like Israel, which you could be forgiven for thinking is less interested in the rule of law - given recent events, can claim a better record.
I won't bang on about it, because I am sure it would be of limited interest. But constitutional law fascinates me and is the area I want to specialise in. The interaction between Government and the Judiciary. Increasingly, the rule of law is being challenged by Government, both in the UK and the USA. It is the rule of law that guarantees our freedoms. Sacrificing freedom for perceived security is a slippery slope, and from which the route back is uncertain. This is the fight I want to fight. It is the ideology within me.
As for your comments regarding committing a crime in your sleep (!!) - you know what I mean - I would agree with you. The application of law is not supposed to be retrospective. Doing so criminalises the individual for simply existing! The recent attempts by Government to introduce legislation allowing terrorist suspects to be held for up to 90 days without charge was, in my opinion, an attempt to take a large step into tyranny. It is for a judge to decide if there is sufficient evidence to detain someone - not a vote-seeking politician. These are fundamental principles upon which democracy is built.
Speeding tickets have, up until now, been something of a legal joke - even for the sinfully guilty.
You wrote: "Justice in general is failing all of the time. There is no such thing as justice any more."
Again, we may have to agree to disagree on this point. No doubt a product of different life experiences.
I did read about the recent control orders and the fact that they appear not to work. Another example of the Government dreaming up legislation in the heat of the moment.
Reporting of the 12 year sentence for that teenager murdering the 11 year old was prolific in the media yesterday. Setting the tariff for such offences is always going to be an emotive task. Children killing children rouses some of the deepest outrage in society. I did study a great many of these cases earlier in the year and concluded that children and juveniles should be subject to the same sanctions as adults. I wrestled with that one, and as I write it down to you now, I am still not certain if I am correct. These types of crimes appear to be less prevalent in Europe which may be indicative or different social attitudes towards children. However, when they do occur, the focus is firmly on rehabilitation without media hysteria. The reason for my conclusion was that society in this country has not yet found itself accustomed to this type of altruism. The one justification for giving child criminals lesser sentences - or just simple rehabilitation - is because you have a chance to correct what is wrong in a child, more so than you would have with an adult. This is no consolation to the parents of the Jamie Bulger. Having read the trial transcript of that case, the horror of it still lingers in my thoughts.
You wrote: "May I ask, which way will you go when you qualify? Solicitor or barrister? CPS or Defence? "
Well, I had originally planned to be a barrister but ideally wanted to be a Judge. Having been granted an audience with a local high court judge courtesy of a relative who works for the CPS), I realise that this is at least 15 years away. So, being a barrister is the more obvious short-term objective if, of course, I can gain pupillage. It is competitive and, being slightly more "mature" than many students, I will have a mountain to climb. There is the bar-exam to pass as well, which is another year or two. In the short term, I may opt to be a magistrate. I do qualify, just a matter of making it happen. As I wrote above, my interest is constitutional law. Defending democracy, bring law to the lawless, striking down injustice. Those battles are all there to be fought - one day. Loyalty to the people, it is the highest principle.
NSPCC
This subject area is clearly something you know far more about than I ever will.
Personally, I am pleased that the NSPCC does exist. Our society would be less without it. That is my experience. As I understand it, recent failures - such as Victoria Climbie - have caused much soul-searching within agencies tasked with the protection of vulnerable children. You argue that this stance has become too heavy-handed and intrusive. Yet, the other side of the coin is indifference. Damned if they do, damned if they don't. The real test is whether the current procedures save more children from abuse or cause more ?
Taking an absolutist stance on this, I personally do believe that child abuse is rife for one simple reason: It is increasingly available on the internet so, if you correlate this fact with society as a whole, then it would "imply" the same was true. But that is empirical evidence only. As your opinion has been actively sought in the past, you are the expert. Do you believe I have a point? Or am I barking up the wrong tree completely ?
You wrote: "Now what do you think would have happened if I hadn't paid any attention or I'd have said "It was her own fault" (which really it was for sneaking up on the dog as well my fault for not checking the dog was away), what kind of injustice might she have undergone? "
Significant I would imagine. Very significant.
You wrote: "Kids get groomed in chat rooms because they’re let loose on the Internet and they’re not supervised. Their parents aren’t interested at all in what they get up to on their computers. Therein lies the problem."
Exactly. So it is up to the technology providers to address the problem. I believe MSN took some rather unusual steps last year - did they not shut down some of their messaging facilities used by children? I cannot quite recall the details.
You wrote: "Why would you change the sex laws to 18? I know it makes sense because you can’t drink or vote before you’re 18, but at 16 you’re pretty much able to do almost anything, smoke, get married, have children, etc. "
I would choose 18 because bodies mature rather more rapidly than minds. I would like children to be educated to a minimum age of 18. Not told they are free to leave at Easter in their final school year - aged 16. Of course this has been addressed by making the GCSE's so easy to pass, now no one fails. This is not what I had in mind. If these kids are intent on leaving education at 16, then I would be sympathetic to some form of National Service. I would add that I am not advocating that they be brutalised "Bad lads Army style", but in some way provided with life skills in a disciplined environment. Anyway, that is another subject. In terms of 18 - well, I am just a purist and agree with your assertion that 16/17 is still the classification of a child. However, I know that any law introducing this statute would be completely unenforceable.
You wrote: "But my comments on raising the age of consent to 18 were to illustrate the change in social attitudes as the law is changed which gives cause to my suggestion that the law shapes the people, the people don’t shape the laws. "
I take your point, but civil partnerships is one example to the contrary.
You wrote: "On the issues of pedophiles, we’ll there’s only 1 way to deal with them and that’s the lock them up and keep them locked up. I personally don’t understand why someone, (male or female), would find a child of 13 or under sexually attractive. "
You are leaning on an open door with me on this one. Adult females are sexually attractive. Children are most definitely not. In my opinion, the media contributes to this anomaly. Glamourising children taking part on TV shows is a step in the wrong direction. Such are the demands of celebrity.
You wrote: "We always rationalise with the kids why they have been smacked. We make them answer such questions as “Why were you smacked?” and going through the process as to why they have been smacked. "
I will have to think some more about that one. But it continues to be anathema to me. And degrading. I know you will not like my answer but I am just being true to myself.
You wrote: "Both my husband and myself as big believers in limits. We set limits and stick to them, our children know what happens when they cross the line, they start to lose privileges, favourite toys, they get grounded and finally, when they push it that far, a smack. "
I like the idea of losing privileges and having to earn them back. But I would argue that parents tend to hit their children harder than they realise. I am not suggesting that you do, just that it is a matter of perception. Different in adults and children.
Law and Disorder
Absolutely CB. You have taught me something this past week that naively I had not considered before. My credit card never leaves my sight from now on. I stopped using my debit card a couple of years back, largely because any fraud would be far more damaging - IE. it would be my money that was lost. At least with a credit card it is somebody else's.
You wrote: "Homicide is wrong! It’s wrong to hurt other people, it’s wrong to kill them, it’s wrong to steal from them. "
then
You wrote: "But I do think that if more burglars were killed by home owners then burglary would fall because it wouldn’t be worth the risks."
Contrary statements Y'Honour, the witness is clearly confused.
Objection !!
Sustained.
I am sorry, I agree that was argumentative.
The Police
Your views surrounding the Police are views that I have heard before and are very serious in nature. Knowing that this is a public forum, I will not
speculate any further. Except to say, these guys do a very difficult job and are continually at the sharp end of the social spectrum each day of their working lives.
There are, in my opinion, procedural problems with the way in which the Police force is run. One such example is the role of the custody sergeant. This echoes a point you made in an earlier post regarding the status of a police officer in the eyes of the law. If an officer arrests a member of the public - for whatever reason - once back at the station the CS is required to challenge the arresting officer in order to understand why this individual is being brought in. If you watch episodes of "The Bill" then you will see that this step is always completed. But I am not certain it is in reality. It may be that there were no grounds for the arrest but is the CS ever going to take the word of the would-be criminal above that of his colleague ? Is he even going to ask ?
Who guards the guards?
Film 2006
Yes indeed, I know the line you are referring to in the film "Soul Man". I have only seen the film once back in 1987 when it was released. I recall that the C Thomas Howell character takes a scholarship that would have gone to a black single mother. Whilst being a brat-pack movie, it did provide unusually realistic insight - as you correctly point out. James Earl Jones - such a good actor.
Have you seen the film "American History X" by any chance ? Edward Norton, Edward Furlong, Avery Brooks and Stacey Keach. A very violent film but amazingly powerful. For me, it described the issue of middle-class white racism perfectly. Absolutely perfectly. It would have been even better had the original ending not been cut. For some reason, and much to the Director's chagrin, it was removed. In doing so, one of the central themes of the film was lost.
Conspiracy Theory
Whoa CB!!!! Whoa! I have been thinking all day about this 40 seconds from Armageddon information you previously wrote about. Clearly I have been dismissive and not understood the gravity of your communication. Having completed a little bit of research on the subject, it is known that there have been some incidents of this nature in the 60s and 70s. But then all of this is history and fully in the public domain. Are you aware of something more recent that has not been covered ? If you have and can provide me with some data sources I will visit my MP (who is no friend of New Labour) and urge him to ask a question in Parliament about it. The people should know. Better to send any information you have on the subject to me privately.
Race Relations
I do not advocate spending budgets on immigrant populations at the expense of the indigenous people. What I do object to is the way in which politicians tap into the latent racism that appears to affect a great many people by raising the issue every time there are votes to be won.
There must be a full and proper debate about immigration, clearly the numbers cannot be sustained forever. Resources are finite. What is required is an effective immigration policy that does not seek to focus upon any minority or treat them as pariahs. As I have written before, if the UK wishes to send its military overseas to indulge GWBs NeoCon foreign policy, then there will be consequences for this country. Cause and effect.
In terms of resources, yes, immigration does have a price tag attached. But many immigrants are also quite prepared to work - and - take the jobs that many UK nationals pass on. And what about the burden of other expenses - such as Benefit fraud, VAT fraud and NI fraud ? Problem here is that a lot of this kind of thing is committed by white-collar "white" people. The kind that do not want to have to read about it in their newspapers.
Eco-Man
A wealthy landowner no less. You are lucky to that woodland, those horses and gardens. I am sure you have worked hard for it. I have been toying with solar panels myself although my own carbon footprint is so small I am not certain it would prove to be economic for quite some time. I have a few trees in the garden to compensate for the CO2 I produce though I suspect I would need more to make it balance. Do you sell the excess electricity back to the grid or do you never have excess? Solar panels are the way to go and will probably become a common feature of all houses within 20 years. All a question of economics.
I have to confess to being a little disappointed that you have so many cars. (shakes finger accusingly). I do have ONE car myself that I use for certain visits that cannot realistically be achieved within public transport limitations. I do cycle the rest of the time. Still, I do not have submarine batteries, solar panels or septic tanks - my credentials are nowhere near that good.
When you say that you can trace your house staff back to the 1500's, you mean the genetic lineage of one family? Five hundred years worth of service? If so, that is very impressive. Does this mean you are going to have to recruit a new family to begin again ?
Good News (Cancelled)
The Good News newspaper is almost paradoxical isn't it? A newspaper will happily print "such-and-such in black baby shocker" but not "such-and-such has had a baby". But your average newspaper editor will claim he - and increasingly she - is only reflecting the public mood. But good on your teacher for trying. I have seen the odd attempt at something similar down here - usually free pamphlets targeted at the student population and funded by advertising.
The Cost of Living
Credit histories can be repaired or, if you leave it long enough, it repairs itself. However, I never did rob anybody, all monies, interest and other charges were repaid. Not that it did me any favours. For me it would have been easier, and cheaper, to cheat and lie. The damage to my record would have persisted for the same amount of time. Such is the price of integrity. But that is all gone now. Lessons have been learned.
I did see the program on Bailiffs although I am certain if was on BBC1 so it may not have been Despatches. The chaps who were the focus of the investigation were obviously nothing better than criminals themselves. I was disappointed that the police. once called, appeared to have no grasp of the procedure the bailiffs should have been following. Whist I would not expect the Police to know the letter of every law they are required to enforce, I would have thought it prudent to have a good working knowledge of the more common situations likely to be encountered.
The whole issue of debt has been reviewed in law largely in an attempt to arrest the poverty that it causes. Once you lose your bank account, you are effectively dropping several rungs down the ladder of life. Six years is a long time. Difficult to get a job or a home without a bank account these days. So, I believe that the motivation for allowing people to be freed from the stigma of bankruptcy early is a good thing. Of course, it will be abused as much as it will help. Human nature eh?
Evangelical Christian
No, I could not convince you that there was a God. Nor would I try. God is not a test of belief, or proof, or penitence, or religion, hope or faith. It is a test of character. God is life. Where you see life, you see the hand of God at work. Do not get me wrong, I have studied theology in some great detail and one day hope to gain my doctorate. There are many sacred texts, many of which I now have copies of. No single scripture is anything more than a jigsaw piece. But my ideology goes beyond simple faith and scientific proof. God is beyond that. God just is. God just is. God just is. It took me many years to discover the simplicity, yet the profound nature of that statement. God just is. I have, on occasion, been privileged to address the congregation of my local Church. Not Parish communion or anything like that, but at other times. It is good to practice the public speaking, an activity that continues to fill me with terror. The eyes of the converted do look for guidance, somebody to point the way. It is responsibility like no other.
Herb Garden
I tried starting a herb garden earlier in the year but did not make enough progress to gain viability. I was too caught up with studying for the most part. I am quite partial to lemongrass and peppermint as well as a few others I have been experimenting with. Do you have any recommendations? Not being a black tea or coffee drinker I had wondered whether it was possible to grow green tea plants using a green house ? I do like green tea although someone told me that it would be next to impossible to grow in this country.
I have been doing a little reading on herbal remedies of late. Not having visited a doctor for around ten years, and not wishing to do so anytime soon, it would be useful to know what remedies were available.
Aren't I Good ?
No, not sex either. No pornography in my house I will have you know. Even my internet cache is clean.
Any Other Business
It is interesting that you should comment upon the population of the USA. I read on the BBC News Website recently that the 300,000,000 mark would be passed some time this week. Five times that of the UK, although far more land to spread out in.
Best Wishes,
Abraham

