Sunday, 23 August 2009

Justice and liberal sentiment

The release by the Scottish Justice Secretary raises some interesting issues, both moral and legal. In the first instance, and after listening to Lord Mandelson, one of the architects of the rapid demise of Britain as a power of any sort, defending the decision to release the Lockerbie/PanAm bomber, I was left wondering just what the purpose of maintaining the pretense that Westminster represents the UK is. Lord Mandelson claimed that the Scottish Justice Secretary had the authority to order the release without consulting Whitehall or Westminster.

Fair enough, if this was not a matter of some diplomatic or international importance. Then, surely, if the Scottish Parliament is really supposed to handle only "Domestic" matters and leave "Foreign Affairs" to the Foreign Office in Whitehall - why was the Foreign Office not involved? What this clearly says is the Scotland is now a completely independent nation setting its own foreign affairs agenda and to hell with the rest of the UK. That is the legal issue to be addressed by someone.

Then there is the moral confusion in this instance. Certainly the bomber is supoposedly dying and has only weeks to live. So they say, but who really knows and how was that determined. The "liberal" lobbyists demanded his release on "Humanitarian" grounds, but I am forced to ask, where is the bombers "humanitarian" consideration for his victims? WE were recently reminded by the Director of Public Prosecutions that the Prosecution of criminals does not take into account any consideration of the victim, that is not the purpose of the Prosecution, and this is where our "justice" system is failing badly. The focus is so much on ensuring the "rights" of the criminal are not infringed that the victims have got lost out of the equation.

Years of "liberal" intereference has taken all element of "punishment" out of "justice" and argued for "reforming the character" of the criminal. Constantly we are told that "custodial sentences do not reform and simply reinforce criminal activity". That jail is a "training ground for crime" and that "Life sentences" should not be draconian and remove all hope of eventual release. So now someone who kills another with premediation can expect to spend twelve years behind bars and then be let out "on licence" - another myth hiding the fact that most vanish and can't be traced - to live a normal life fully equipped with new criminal skills and probably the legal training to know exactly how to get away with it all. No wonder crime increases exponentially year on year despite this governments constant massaging of the numbers to try and disguise the truth that "justice" is no longer meted out and no longer served by the system they have created.

To be effective "Justice" needs to provide punishment for the perpetrator and some form of closure for the victim. To often the victim finds that their need for closure is forgotten and all to often have to face the sort of triumphal celebration by the criminal's supporters that we have seen recently with the release of the Lockerbie Bomber. Or the preganat drug smuggler sentenced to "life" in a Thai jail, yet released already from the British jail campaigners fought to get her repatriated too on "humanitarian" grounds. Justice? For who? Someone who plants bombs for whatever "cause" and someone who knowingly accepts money for smuggling drugs they know will cause untold misery does not deserve sympathy, but their victims do deserve justice.

To be effective, Justice must be seen to be done. It cannot be viewed as yet another "Social Engineering" tool devoid of deterent or punishment. To often it is seen today as a "reward" or a "badge of honour" by the criminal classes when it should be something that sends a shiver of fear through anyone even contemplating a crime.

This imbalance must be addressed - and soon.

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