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A Juror’s Guide to Going Rogue

Written by Doug McConnell

A jury recently acquitted several activists charged with causing £25,000 worth of damage to Shell’s HQ in London despite the defendants admitting that they caused the damage and the judge informing the jury that the defendants had no legal defence. In other words, if the law were applied correctly, the jury had no choice but to find them guilty. When juries deviate from the law and “go rogue” like this, it is known as “nullification”. But when, if ever, should juries behave in this way?Read More »A Juror’s Guide to Going Rogue

Does committing a murder make a 13-year-old an adult? In US courts it does…

Some days ago, two 13-year-old boys have been charged with first degree murder in Wisconsin (USA), as reported by the Daily News (New York). Allegedly, they went to one of the boy’s great-grandmother’s home, killed her using a hatchet and hammer, then stole her jewellery and her car – and went for a pizza afterwards.

After giving horrid details of the killing, the Daily News concludes its report with stating that the boys’ defence attorney tries to have the case moved to juvenile court. The reason why these 13-year-olds are not automatically charged as juveniles but stand trial in an adult court is that the USA allows prosecutors to try minors as adults when they commit certain violent felonies. In several states, children as young as 7 can be – and are – tried as adults for some years now. They can be convicted to adult sanctions, including long prison terms, mandatory sentences, and placement in adult prisons. (Since 2005, however, under 18-year-olds can’t be convicted to death sentence any more.)

Read More »Does committing a murder make a 13-year-old an adult? In US courts it does…

Are Open-ended Sentences Unjust?

The European Court of Human Rights recently ruled ‘arbitrary and unlawful’ the UK practice of indeterminate prison sentences for the protection of the public (IPPs). Currently more than 6,000 prisoners in this country are serving such sentences. The judges did not, however, rule the very idea of IPPs to be unlawful. What they quite rightly see as objectionable is the extension of sentences for prisoners who have failed to attend rehabilitation courses they have not been given the opportunity to attend. This truly Kafka-esque state of affairs cannot be allowed to continue.Read More »Are Open-ended Sentences Unjust?