The U.K. legal system, where you are presumed guilty until proven innocent

Yesterday’s Sunday Herald on Luke Mitchell

I was reading a piece in Scotland’s Sunday Herald newspaper yesterday. I have absolutely no idea about the true facts or the guilt or innocence in this case, but there is an undeniable truth when the imprisoned guy says:

“The court system and the police, they’re not separate bodies, they’re all part of the state. The justice system isn’t there to protect you, it’s to get the conviction.”

The UK court system is inherently corrupt. It is not designed to uncover innocence or guilt. The police investigate a case and find the person they believe or claim they believe is guilty. That person is then presumed guilty unless he or she can (via an expensive paid advocate) prove themselves innocent or apparently innocent. The court prosecutes the person on the presumption of guilt and a judge or jury decides which of two paid advocates has constructed a better case.

It is a contest and career-building exercise between two highly-paid, trained debaters. The accused person is presumed guilty until and unless proven innocent. It is illegal for any jury member to attempt to check any evidence other than what is presented in court.

The Stefan Kisko case – the clearest miscarriage of justice

The only evidence which can be considered is the evidence of two trainee debaters paid to hide anything which might throw doubt on their own version of events.

Hiding facts is as important as presenting them. Points are effectively awarded for presentation, style, skill and content. The verdict is about which advocate has been a better performer. It is a bit like competitive ice skating with people’s lives, often on thin ice. Or like politics.

3 Comments

Filed under Crime, Legal system, Politics

3 responses to “The U.K. legal system, where you are presumed guilty until proven innocent

  1. christopher law

    Agree, really corrupt system

  2. Suzi

    How do we deal with this ? How do we start the ball rolling to get reform?
    Suzi.

  3. Cailean

    This sad state of affairs has existed in the U.K. since the times of absolute rulers who thought them selves appointed by Gd. Thereby making themselves immune or absolved by Gd of any wrong doing they commit. The accused is guilty as charged unless evidence or an alternative suspect is presented. the system punishes for a crime or perceived crime any person available regardless of that person’s guilt or innocence. The idea as long a case can be considered solved or closed regardless of guilt or innocence or truth. Justice is done. The justice systems practitioners use the justice system to further personal careers regardless of the facts or truths of the case. That is not to say there are not some who work hard to find the guilty and protect the innocent. However this group is in the extreme minority in my opinion. A lawyer once said to me when I asked during a case he was defending. What do you do when a client runs out of funds. His reply. We defend the client to their last penny. Then throw them on the mercy of the court of which there is very little. Sadly in the U.K. an accusation made is life destroying to the innocent as many are tried in the press long before a court. Media prints or broadcasts statements for the justice system to the public which are inherently inaccurate or unproven or improperly investigated facts. The accused comments are largely ignored as evasions or lies outright and are not given the same credence as the state. The other aspect of this justice system is profit. as it stands today it is a very profitable system. Unless this aspect changes from profit to justice driven advancement little if anything will change and the innocent will continue to pay with their lives and reputations.

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