I
appreciate that in recent times there has been a raising of awareness
on victim impact, which I wholeheartedly support. However, this can not
be at the expense of jeopardising British standards of the process of a
fair and legal trial. Victims and their families are, understandably, highly
emotional in the aftermath of any offence. Feelings such as these must
not be allowed to have a place in the rule of law, to ensure a fair and
just legal system. There are good reasons why matters are placed into
impartial hands of our police and courts. Nor should policing or courts
be pressurised by angry mob mentalities to make arrests and rulings in
order to appease an enraged public. Such decisions should not be placed
in the care of those whose emotional turmoil may lead to the desire of
locking people up and throwing away the key, but by those who can
impartially assess and appraise the individual nuances and circumstances
of each and every case. As a society that values individuality we
understand that generalisation born from prejudicial attitudes rarely
offers fairness.
But
what about the emotional impact on the families? Well, systems in other
countries successfully manage these issues without compromising the
right to a fair and just trial. For example victim impact statements at
sentencing. Once guilt or innocence has been established, by good police
work and competent legal professionals, victims can then play a role
without prejudicing proceedings.
Currently, it is possible that victims
can influence outcomes of trials with their rights to express in the
media allegations of guilt and innocence coupled with, what may be
viewed as character assassinations of those standing trial, based solely
on their own assumptions and before the evidence is put before a court.
This is a right many defendants' claim they are denied as they can only
idly stand by, bound by laws that do not allow the defendant to
challenge these assignations or address misinformation that colour
public opinion unfavourably against them. We all want to see justice
being served, but with such comprises is it justice? Is the right person
being put behind bars, or should we ask ourselves are we just out for
blood?
Jacqui Hodgkiss
