Thursday, January 20, 2011

Throw him to the lions! Probably. Or maybe not.

I read that a 32 year old man has been arrested on suspicion of the murder of Jo Yeates. And with it, the sickening realisation that in the minds of many of the population, a sigh of relief is breathed, as this monster is now out of society's way and safely in custody.

A few words about judicial process. I hasten to add that I have no specialised knowledge in this area.

There are a number of instances which may give the police cause to make an arrest. They may be circumstantial, accusatory, evidence based, whatever. In order to question a person thoroughly, it is necessary to remove them from normal circulation and place them at the disposal of the police. Once the suspect has been arrested, more evidence is gathered. The police will then either charge the suspect, or release them on bail to return to a police station after a set amount of time, or remand them in custody until a set date in the future whilst the file is reviewed by the CPS.

If released on bail, the police will continue to gather evidence, and have a threshold past which there is sufficient cause for them to pass the file to the CPS who will then decide if there is sufficient evidence to provide the realistic prospect of a conviction.

All of this is done without the CPS seeing any defence material or mitigation. That starts after the person has been charged, if indeed they are.

The fact that conclusions are leapt to, and speculation is thrown about by the sensationalist media in this country not only ruins people's lives; it genuinely spoils the chance of a successful conviction of the perpetrator. There are a number of tiny issues which can prejudice a jury or a trial - and thank God these safety nets are in place - and the more of this ill intentioned gasbagging that goes on, the less chance there is of this case being solved.

If the man who has been arrested is guilty of this horrific crime, the 'public interest' these tabloids and their sycophants harp on about would be much better served by them shutting up and allowing the judiciary to carry out its function in a proper fashion.

And if you think I'm exaggerating, maybe you'd like to think about how the life of the retired schoolteacher, Mr. Jefferies has changed since his arrest and subsequent release. Not for the better, I suspect.

3 comments:

  1. good man , the press are far to quick to exaggerate and sensationalise any thing that comes their way .

    ReplyDelete