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Justice, mercy or revenge

Posted on 20th August, 2009 by TW

Today’s news has been pretty much filled with items about the decision to allow Abdelbaset Ali al-Megrahi, the man jailed for blowing up a US airliner over Lockerbie in 1988, to go home to die. al-Megrahi is suffering from terminal cancer and, according to some reports at least, has about three months to live. It is probably unsurprising that this release has generated a lot of vox pop about what an “outrage” it is that he be allowed home to die. One of the terms of his release is that al-Megrahi dropped his series of appeals against his conviction, saving the UK taxpayer a large amount of money; however I can only assume that he still thinks he is innocent (or at least has a chance of being found innocent) but no longer had the will to fight this.

In the UK a life sentence doesn’t actually mean you are expected to die in jail. The criminal justice system is, in theory at least, based upon the principles of removing an offender from society as long as they present a danger to society, while providing correctional education to allow them to reintegrate to society upon release.

Equally, in the UK (and the US I am fairly sure) there are frequent cases where a prisoner is released from jail on compassionate grounds. There is nothing specifically unusual about this case.

The biggest difference here is that this is a person who has killed Americans. As a result, President Obama felt the urge to pressurise the “Scottish Government” (hmm) to change its mind about al-Megrahi’s release. President Obamba is not alone in this, almost every US politician has tried to convince the Scottish Justice Minister to change his mind. The UK radio and TV news is running headlines about how this has “all been ignored” – as if the requests of US politicians should carry some weight in this matter. I notice that previously the US government fell over itself to listen to pleas from UK politicians about the treatment of Gary McKinnon… Or not.

All this is only mildly interesting. I notice with more interest, and a lot of amusement, that the same parts of the British media objecting to this were crying for the release of the convicted Great Train Robber Ronnie Biggs. Obviously there are differences, Biggs is unrepentant, proud of his crime and white so the objections of Jack Mill’s son went largely ignored.

Unusually for a missive from WhyDontYou Towers, I have no real opinion one way or another over the treatment and final disposal of al-Megrahi other than to wish there was some actual justice and consistency in the UK Criminal Justice system. Justice is not about revenge. Fair treatment includes compassion. Nothing that happens to al-Megrahi will bring back the dead or turn the clock back to before the murders. If justice is allowed to become revenge, then Al Qaeda can give up, we’ve destroyed western society ourselves. There can be no doubt that al-Megrahi showed his victims no compassion, but so what? Do two wrongs make a right? Does anyone honestly think al-Megrahi remains a danger to society? The news is showing traumatic footage of the night Pan Am Flight 103 went down – what can this do other than inflame people about the decision, which I think is at least consistent with the UK criminal justice policy.

As is always the case, the BBC is an example of the odd responses. There is the frequently wrong idea that those who are emotionally entangled can give a just and reasoned opinion – the BBC website has an entire page devoted to “Reaction – Lockerbie Bomber Set Free.” Show the effects of emotional involvement, the sister of a victim understandably says:

I don’t know how you show compassion to someone who has shown no remorse for what he has done and as Mr MacAskill praised the justice system and the investigation and the trial, how do you then show this person compassion? It’s just utterly despicable. I think he should have died in prison. Why should he be returned to Libya? That’s not what we were promised. We were always told he would serve out his full sentence in Scotland.

It is understandable, but wrong. I cant begin to imagine the suffering this person has undergone, but that is not grounds for a policy decision. This is why in the Dark Ages we moved away from blood feuds and instituted a system of courts and laws.  While she may not, yet, see it, the only way to show compassion is in situations like this. There is no compassion in being nice to nice people you like. Compassion involves doing what is right even when you dont want to.

The inherently evil David Cameron gives us a sign of the Criminal Justice system we can look forward to if the Tories come to power:

This man was convicted of murdering 270 people, he showed no compassion to them, they weren’t allowed to go home and die with their relatives in their own bed and I think this is a very bad decision

Ah, an eye for an eye eh? Does the body count matter? If he had killed just one, would he be objecting? Is the only reason to keep him in jail the fact that 270 families were torn apart rather than one or two? I suspect that if you are a grieving family member, the pain is not reduced simply because no one else died.

The Scottish Labour Leader has shown a tendency towards fluid politics that is characteristic of the Labour Party in general:

While one can have sympathy for the family of a gravely ill prisoner, on balance, our duty is to honour and respect the victims of Lockerbie and have compassion for them. The SNP’s handling of this case has let down Scotland

Yes, have compassion for the victims. Making someone suffer because not doing so would upset the families is not compassionate. It is pretty much a cowardly response.

Annoyingly for a committed Atheist, the Reverend Ian Galloway (Church of Scotland) says what is, IMHO, the right thing:

We are defined as a nation by how we treat those who have chosen to hurt us. Do we choose mercy even when they did not chose mercy? This was not about whether one man was guilty or innocent. Nor is it about whether he had a right to mercy but whether we as a nation, despite the continuing pain of many, are willing to be merciful. I understand the deep anger and grief that still grips the souls of the victims’ families and I respect their views, but to them, I would say justice is not lost in acting in mercy. Instead our deepest humanity is expressed for the better. To choose mercy is the tough choice and today our nation met that challenge.

Infuriatingly I cant help but agree with everything he has said here.

If you want to read some genuinely insane arguments on this matter have a look at the BBC “Have Your Say” Pages. Here the hatred really flows. The whole of Europe is called “Cowardly” because the Scottish National Party stood up to American pressure. The irony is amusing, if the ranting is disturbing.

It saddens me that people are still suffering to such an extent about this. Their suffering will not be changed by this persons release, nor would their suffering end if he had died in jail. That political figures in both countries are making so much capital out of this is an example of how craven politics really is. When I find myself agreeing wholeheartedly with a Church of Scotland Reverend, its time to lie down.

Tory Leader spins tabloid appeal

Posted on 30th September, 2008 by TW

Well, time for a departure from American politics and a look closer to home.

At the moment the Conservative party are spewing out vast tracts of nonsense, under the guise of a party conference. It does, however, give an insight into how willing to manipulate the voters they are, and how easily manipulated we actually are.

This is a headline news item which has been in papers and on radio bulletins quite a bit under the headline “Tories ‘to help have-a-go heroes’“:

Measures to help the public and police tackle criminals and end the “walk on by society” have been outlined by shadow home secretary Dominic Grieve.
He told the Conservative Party conference that too many people making “genuine attempts to prevent crime” had been arrested or prosecuted.

Erm, no. Not really true. It is, however, the poster child of the tabloid news papers. For decades we have been hearing urban myths about how a “have a go hero” stepped in to save someone and then got prosecuted. Most of the time, these are just that – urban myths. If you investigate the cited examples, the truth is often very different.

The law of the land is not biased against “have a go heroes” but, quite rightly, punishes vigilante gangs and disproportionate use of force.

Sadly, British journalists are shamefully bad at investigating. The BBC even have an example in their article:

Mr Grieve’s comments came after banker Frank McGarahan died following an attack in Norwich. The 45-year-old intervened when he saw two other people being assaulted in the early hours of Sunday morning, but was himself set upon, suffering fatal head injuries. Police have launched a murder inquiry.

Now, is that relevant? No. Mr McGarahan was not prosecuted by the police. The government did not kill him. Unless this is an example of the BBC showing why it is a bad idea to encourage untrained, unskilled people to pile in, there was no reason to bring it up.

If, however, the BBC are similar to the tabloids, the conflation of statements like this is often done to generate misdirection – the public hear the two, and decide that the government shouldn’t have prosecuted people like Mr McGarahan….

Madness. I am saying this a lot lately. We are a society of lunatics. Worryingly, when you think everyone else in the world is insane it normally means……..

Anyway, pushing that to one side. We get more ludicrous waffle from the tories:

Mr Grieve pledged to “take on the health and safety culture” and the legislation which “is holding officers back and making them more risk averse”.

This defies belief.

Health and safety measures are there to protect people. They are there to stop your employer forcing you to risk your life and limb for your job. They are there to make sure that you can function as a working member of society for as long as possible. It has nothing to do with stopping people from being “risk averse” (and here I suspect the Tories demonstrate a lack of understanding as to what “risk” means).

The Conservatives point to examples like the case of 10-year-old Jordan Lyon, who drowned in May 2007 saving his younger sister.
Two community support officers were at the scene but did not get into the water because they had not received the appropriate training.

What should they have done? Should they have died trying to save the 10-year old? (In which case the 10-year old would have died anyway). Do the tories plan to force everyone to risk their lives on a daily basis?

Note, the 10 year old was not risk averse. He took a risk and died. Should two other lives have been added to the tally? If you are family of Jordan Lyon, the likely answer is yes, but if you were a loved one of the community support officer would you have wanted them dead? Whose life is more important?

It gets funnier though:

The Conservatives want to amend Section 2 of the Health and Safety at Work Act 1974 to ensure that protecting the public from risk is given priority over the risk to officers.

Interesting. Police officers will no longer be able to risk the life of the public to protect themselves… There go the tasers, armed police, batons, riot shields etc. When someone tries to jump off a balcony, will police have to throw themselves underneath to break the fall?

Still it is a sad day that the lives of our Police officers is now deemed to be less important the lives of our public. This is doubly sad in the case of the Police Community Support Officers(*) who have no powers, are paid appallingly bad wages but still have to sacrifice their lives.

Going back to the tragic Jordan Lyon case, the officers were untrained in how to save someone. If they had been compelled to dive in without knowing what to do, what are the chances they would have saved him? Why is lifesaving a taught skill that comes with a qualification if everyone can do it automatically?

The sad fact is, the manipulative tories have jumped on this bandwagon to stir up an apathetic public. They have made meaningless gestures but grabbed headlines. The tabloids love them and to uncritical thought it sounds great.

Dont you just hate politicians?

It isnt just the tories who are prone to such underhand statements:

But the government said its was already working on the issues the Conservatives had raised, including changes to the law, so people using “reasonable force” to protect themselves could have “greater confidence” they would not be prosecuted.

Political vapourware at its best. This basically says: they are not currently going to be prosecuted but the tabloids and tories make them think they are so we will change a meaningless part of the law so everyone feels better. Argh.

Given the lies of the tories, the emptiness of the Labour party and the pointlessness of the Liberal Democrats is it any wonder voters are apathetic?

(*) I detest the very concept of PCSOs. It strikes me as a nasty way of getting policing on the cheap, while allowing under-trained, under-educated thugs out on to the street with a false idea of their own authority. Spend more money on getting real police out. That would save 99% of the problems with PCSOs. IMHO of course…. :-D

Blinded By Hate

Posted on 19th April, 2008 by TW

Over on the wonderful Grumpy Lion blog there is a predictably excellent post which examines how most of the Hawks in the US government are, in fact, war dodging cowards while most of the doves have actually served in combat. This is something of a truism, as generally speaking, old men who have seen combat are a lot more reluctant to send others into battle.

However this is only a generalisation and it is important to be aware that, no matter how much a person may wish otherwise, it will not hold true in all circumstances. There are people who have never seen war who are solidly opposed to it and there are people who have seen death and destruction first hand but have not been turned pacifist by the experience.

With this in mind, the comments from Steph and Roy are especially entertaining. These have largely descended into a string of ad hominems against me surrounded by a huge helping of equivocation, so I am no longer going to take up space on Grumpy Lion with my responses, but there are some issues from the (erm) debate which I think are worthy of further mention.

Both Steph and Roy, in the finest internet traditions, demand copious examples of “evidence” to disprove their anecdotes. In fact the only information provided by either of them for their argument is a comment by Steph’s “grandfather” and a some vague references to the writings of Roy Jenkins. The most they can produce is “all of Churchills biographers” which is an immediately falsifiable claim (as I know of three biographers who claim different things). When contrary writing is cited, they dismiss the source as not being a “historian of note” (neatly ignoring their own single source’s status in the process).

Interestingly it seems the concept that Churchill dipped in and out of military service is impossible. Here we see another example of how the drive to shout and insult has blinded Roy and Steph to what I wrote in that I agreed with them that all the sources had Churchill working as a Journalist in the run up to Ladysmith and then Roy writes this with apparent glee: (this is a bit about Churchill covering the Spanish-American war of 1898)

It proves Steph is right and you are wrong and runs a horse and carts through your argument that Churchill wasn’t a correspondent before Ladysmith and saw active service. He avoided active service by going to Cuba.

Madness. Real, painful madness. It was around this point I finally realised there was no room for actual debate with either Steph or Roy and both were so obsessed with their idea that every hawk has to be a shivering coward nothing I wrote – even when I agreed with them – would actually be read.

Another example of what I have come to see as standard internet arguments (where the person doesn’t really have anything to say but hates the topic so much they have to argue) is the constant rattling about trivial facts.

I wrote that the Regimental History of the Royal Scots Fusiliers (now a battalion of the Royal Regiment of Scotland) had references to Churchill being Commanding Officer of one of their Battalions and having led his men on 36 forays across no-mans-land. This really drew some irate hand waving. Now it is certainly very possible that he did not lead his battalion on exactly 36 missions, but is the balance of probabilities going to lean towards none or at least 1 being the most likely?

One of the odd arguments centred on Military records being useless for historians. I found this pretty odd, given that these are the records used by most historians – especially for Ancient and Medieval researchers. Still, I began to work out what the issues here were when I mentioned that a good starting point for WWI research were the MOD’s records. Steph responded with:

This is a bare faced lie, the MoD didn’t even exist then.

Well blow me down with a feather. It seems that Steph (and to an extent, Rob) are obsessed with stating the obvious as if it is an argument. Everyone knows the Ministry of Defence did not exist in WWI, it was called the Ministry of War. However, since the MOW became the MOD, guess where all the MOW’s records are stored…?

Throughout the debate (for want of a better word) is along these lines. For good measure Steph points to her having a Doctorate in Law as if it carries any weight in an argument about WWI. Amazing.

Please, anyone, take a look at the thread and its debate and let me know what you think. Was I being unclear? Are there issues I have missed out on? Did Steph and Rob provide solid evidence for their claims? Did they bother to pay the money to visit the Regimental Museums and see what was there?