The good news:
Shabana Mahmood, the Labour shadow justice secretary has come out forcefully in support of the ECHR....
The bad news:
Shabana Mahmood, the Labour shadow justice secretary thinks the solution to the UK prison problem is to build more prisons....
And while she is right, 'Change will not happen overnight... We cannot wave a magic wand & return our legal system to its former glory'... lets hope at least the mood music will change quickly!
Social regulation may be becoming more acceptable; in support of that let me relate this anecdote.
Watching a documentary some years ago about the illegal rave scene, a while after the ban on smoking in public buildings had come into force, I was amused to see that even at an illegal rave (they were already breaking the law!), smokers for the most part came out of the building to smoke... laws can & do shift social norms (for the better).
Prosecutors & judges: going so far to appear unbiased -now simply allowing Trump to bend & flout the laws & rules they’re resp. for enforcing.
Judges overseeing Trump’s cases -more than enough discretion to respond to his violations of court orders & rules. It’s high past time -for those judges to meaningfully punish Trump’s relentless line-stepping & rule-breaking -a level of disrespect & disdain for the entire process/#ruleoflaw... https://prospect.org/justice/2024-04-19-judges-letting-trump-run-amok/
It's not surprising that a certified Canadian jerk doesn't quite grasp the American #criminalJustice system, or the fundamental importance of the #ruleOfLaw. In America, concerns about the nation's optics, or "#brand", don't factor into the decision to prosecute someone accused of a #crime. Such consideration would be antithetical to the rule of law, and would undermine the entire justice system. Stick to hawking wedding tchotchkes, and ruining people's dreams, Kevin.
You may recall a year ago Trudi Walter held up a sign out side court reminding jurors in a trial of environmental protesters that 'You have an absolute right to acquit a defendant according to your conscience', which she took to be a statement of the existing law.
The Attorney General's office took a different view & has prosecuted for contempt of court for interfering in the conduct of the trial.
Helpfully here Joshua Rozenberg sets out the issues for you
Of course, it was bound to happen... men accused of rape have discovered a new defence: sexsomnia - the admission of the sexual act but a claim it was done while sleepwalking.
While, I'm sure there may be some genuine cases, my guess is that they are a vanishingly small proportion of the number of men who have used (and will use) this a defence for sexual assault.
The medicalisation of defence for violence against women must be resisted...
It is important to be clear that this is about #Protest not harassment. Journalists regularly - and literally - harass politicians (and others) at their own homes. They are not arrested under Section 42 (afaik).
And the emotive language of 'home' is being used to protect here but attack when it comes to the harassment Angela Raynor.(*)
(*) Trawling through old social media posts to try to work out the details of someone's personal life and living arrangements.
I hope journalists get into the habit of reporting what happens to t hose arrested on protests.
One form of politicisation of policing is pressure on police to use powers of arrest to stop something happening which is politically awkward or embarrassing even though those arrested are later released with 'No Further Action'.
Police powers of arrest are literally a licence to use force (aka violence) against citizens and should not be subject to political influence.
Retired #military leaders filed an #amicus brief Mon writing that #Trump’s #AbsoluteImmunity theory “has the potential to severely undermine the Commander-in-Chief’s #legal & #moral authority to lead the military forces, as it would signal that they but not he must obey the #RuleOfLaw.”
#EU#AI#AIAct#RuleOfLaw: "The unaccountable and opaque use of Artificial Intelligence (AI), especially by public authorities, can undermine civic space and the rule of law. In the European Union, we have already witnessed AI-driven technologies being used to surveil activists, assess whether airline passengers pose a terrorism risk or appoint judges to court cases. The fundamental rights framework as well as rule of law standards require that robust safeguards are in place to protect people and our societies from the negative impacts of AI.
For this reason, the European Centre for Not-for-Profit Law (ECNL), Liberties and the European Civic Forum (ECF) closely monitored and contributed to the discussions on the EU’s Artificial Intelligence Act (AI Act), first proposed in 2021. From the beginning, we advocated for strong protections for fundamental rights and civic space and called on European policymakers to ensure that the AI Act is fully coherent with rule of law standards.
The European Parliament approved the AI Act on 13 March 2024, thus marking the end of a three-year-long legislative process. Yet to come are guidelines and delegated acts to clarify the often vague requirements. In this article, we take stock of the extent to which fundamental rights, civic space and the rule of law will be safeguarded and provide an analysis of key AI Act provisions." https://ecnl.org/news/packed-loopholes-why-ai-act-fails-protect-civic-space-and-rule-law
#GagOrder Against #Trump Is Expanded to Stop Attacks on Judge’s Family
Donald Trump had in recent days targeted the daughter of Juan #Merchan, the judge overseeing his #criminal trial in Manhattan, in blistering social media posts.
#Merchan: “Such concerns will undoubtedly #interfere w/the fair administration of #justice & constitutes a direct attack on the #RuleOfLaw itself. Again, all citizens, called upon to participate in these proceedings, whether as a #juror, a #witness, or in some other capacity, must now concern themselves not only w/their own personal #safety, but w/the safety & the potential for personal attacks upon their loved ones. That reality cannot be overstated.”
J&K High Court Warns Govt on Delay in Release of Detenus Whose Cases Are Quashed
Such instances should not re-occur, the court told the government, citing “government officials' lapse” leading to the detenu suffering around 79 days of illegal detention.
“The ICJ also ordered Israel to immediately ensure “that its military does not commit acts which constitute a violation of any of the rights of the Palestinians in Gaza as a protected group under the convention on the prevention and punishment of the crime of genocide, including by preventing, through any action, the delivery of urgently needed humanitarian assistance””
#Republican-appointed judges raise alarm over #Trump attacks on #law
Federal DC Judge #ReggieWalton warned Trump’s attacks on #HushMoney trial judge & others could lead to #violence.
The Republican-appointed judge denounced Trump’s attacks against the judge presiding over his hush money trial in Manhattan & his daughter, calling them assaults on the #RuleOfLaw that could lead to violence & #tyranny.
“The #RuleOfLaw can only be maintained if we have #independent#judicial officers who are able to do their job & ensure that the #laws are in fact enforced & that the laws are applied equally to everybody who appears in our courthouse,” #ReggieWalton told CNN. He was prompted to speak out of concern for the “future of our country & the future of #democracy in our country,” Walton said, “because if we don’t have a viable court system that’s able to function efficiently, then we have #tyranny.”
The Nation is witnessing the determined delegitimization of both its Federal and State judiciaries and the systematic dismantling of its system of justice and #RuleOfLaw by a single man – the former President of the #UnitedStates.
Trump and his legal team continue to act unscrupulously (for example, lobbing wholly unsubstantiated charges of prosecutorial misconduct and frivolously reupping arguments already rejected by court). Meanwhile, Trump continues to benefit from New York State courts’ commitment to rule of law. 1/ #RuleOfLaw#LawFedi
How will the #MAGA SC Justices rule? Is this a bridge too far?
"Trump may be planning to let his properties be seized by New York Attorney General Letitia James, with the intention to fight to get them back at the Supreme Court.
Trump's attorneys have now told the court that he has no way to obtain the bond necessary to cover it while he appeals the ruling, which opens up the possibility James could seize his properties."
"...From paying off people to keep voters from learning of his scandals in a blatant attempt to interfere with the election, to inciting a deadly insurrection on January 6, 2021, to threatening our national security by illegally retaining classified documents and obstructing justice, Donald Trump has repeatedly jeopardized American democracy by stoking chaos and disorder—and he’s an even worse threat today.
While Trump and his allies have sought to delay accountability at every turn...there’s still time to bring criminal cases against Trump to trial before November...
Today the Court of Appeal removed a key plank of environmental activists defence in prosecutions for criminal damage.
The claim that the property's owners would consent to the actions if they were well enough versed about climate change has been rendered non-admissible.
The Court concluded: 'Evidence from the defendant about the facts of or effects of climate change would be inadmissible' in the future.