Showing posts with label unjust. Show all posts
Showing posts with label unjust. Show all posts

Tuesday, September 7, 2004

Report slams 'unjust' jailing of women on remand

UK: Six out of 10 women sent to jail while they await trial are acquitted or given a non-custodial sentence, a report published today reveals. Introducing the report, Lady Kennedy QC calls for a complete review of the use of remand and bail for women saying it is "inhumane and unjust".

According to the Prison Reform Trust, the number of women in England and Wales remanded into custody has more than trebled over the last 10 years - even though more than 75% of their offences are non-violent or minor. It is now almost four times the comparable rate for men.

In 2002, more than 1,200 women were received in prisons in England and Wales and two-thirds were on remand. The majority are vulnerable women, many have mental health or drug problems and 71% have never received a prison sentence before.

Detention results in many being separated from their children, often when they are the sole carer. Frequently they find themselves with financial problems and increased psychological stress as a result of their prison experience. Many harm themselves while inside and 11 have killed themselves this year.

Lady Kennedy said the system lacked safeguards.


She said: "Something has gone very wrong with our criminal justice system when almost two-thirds of the women who entered prison in 2002 were held on remand."

"Fewer than one in 10 of these women were facing charges for violent offences. More women were sent to prison for shoplifting than any other crime. When their cases were heard, under half of the women remanded in custody received a prison sentence. One in five was acquitted altogether. They were, however, in jail long enough to disrupt lives often already marred by chaos and distress."

The report, Lacking Conviction: The rise of the women's remand population, says that four out of 10 women had received help or treatment for mental health in the year before being sent to prison and a quarter had injected drugs in the month before they were placed in custody. It claims that once in prison women do not get the drug treatment or mental health care that they require, they are confined to their cells for long hours and have limited opportunities to stay in touch with family. It suggests that the provision of bail information has broken down in many prisons.

The report's author, Kimmett Edgar, said: "There is consensus among government, the courts and prisons that the best way to reduce women's offending is ... by improving mental health services, tackling drug abuse, improving family ties and supporting young women."

Holly Dustin, the Fawcett Society's criminal justice policy officer, said: "The use of prison for damaged and vulnerable women awaiting trial for non-violent crimes is unjust. The government needs to act now to improve services for women in the community."

Rachel Lipscomb, chair of the Magistrates' Association, said: "The change in mental health provision over the past decade cannot be ignored. Magistrates are very aware of the need for an increase in provision and improvement in the quality of court-based diversion schemes for women with mental health problems."

By Audrey Gillan posted 7 September 04

Related:

Concern as UK prison suicides hit record level
UK: More prisoners took their own lives in English jails in August than in any other month since records began, prison reformers said today.

A life inside: Erwin James
This is my last prison column. After 20 years, I'm free. I just didn't expect it to happen with so little ceremony.

End of years of despair as Holloway closes its doors
UK: It has housed some of Britain's most notorious women prisoners, including Moors murderer Myra Hindley, serial killer Rose West, Diana Mosley, aristocratic wife of fascist leader Oswald Mosley and, most recently, Maxine Carr, girlfriend of Soham murderer Ian Huntley.

UK Miscarriages: Loss of innocence
Can anyone comprehend what it is like to spend years in prison for a crime you didn't commit? Eric Allison tracked down those still haunted by the experience - the victims of miscarriages of justice, and their families.

Prison service 'on brink of a race crisis'
Britain's jails are plagued by a culture of racism among a hard core of officers and have been rocked by allegations that black prisoners have been made to fight white inmates, [prisoners], for the amusement of warders, according to the union chief in charge of 33,500 officers.

How detox and self-help brought suicide jail back from the brink
UK: Six suicides in 12 months made Styal prison notorious and the Prisons Ombudsman criticised the prison and its staff for serious failures. But things are changing.

Restorative Justice Practices
Restorative Justice Practices of Native American, First Nation and Other Indigenous People of North America: Part One BY LAURA MIRSKY.This is part one in a series of articles about restorative justice practices of Native American, First Nation and other indigenous people of North America.

UK: The injustice of jail
UK: Give or take Alcatraz, few prisons have a grimmer reputation than Holloway. The former chief inspector, David Ramsbotham, once declared it too disgusting to assess. Others have called the jail's cockroach-infested blocks the worst in the country. Holloway, its image pitched somewhere between Dante's Inferno and the penitentiary wing of Fawlty Towers, has never seemed a candidate for a good slammer award.

Belmarsh prisoners consider suicide, says freed man
UK: The first of the Muslim prisoners released from Belmarsh high security prison after being held on suspicion of terrorism, [scapegoats for the Coalition of the Killing's resource war's in the Middle East], has [said], his fellow prisoners are suffering such 'severe mental problems' that they constantly consider suicide.

Revolving door: Criminal Law System
UK: They are just the opposite of master criminals. Indeed, in the words of Nick Davies in his latest three-part Guardian series on the criminal justice system, [? criminal law system], their criminal careers reflect "the same muddled inadequacy as they handle the rest of their lives". They were nearly all born and raised in chaos.

How the Prison Service Works
1.Abuse and torture inmates at HMP Wormwood Scrubs
2.Take years to admit a regime of violence and torture.
3.Settle 46 claims, paying 1.7 million to prisoners.
5.Carry on as before.
4.Keep 11 of the 14 prison officers responsible in their jobs.

Prisoners must get right to vote, says court
UK: The government will be forced to lift a ban on prisoners voting dating back to 1870 after the European court of human rights ruled yesterday it breached a lifer's human rights.

Cherie calls for women to be kept out of jail
UK: Cherie Booth today launches an impassioned attack on the jailing of women, warning of a 'cycle of poverty and crime' spiralling down the generations unless more female criminals are spared prison.

Blunkett charges miscarriage of justice victims 'food and lodgings'
UK: WHAT do you give someone who's been proved innocent after spending the best part of their life behind bars, wrongfully convicted of a crime they didn't commit? An apology, maybe? Counselling? Champagne?Compensation?

Prison needle cleansing programme
The Department of Health and the Prison Service appeared to be at odds last night over a needle cleansing programme designed to protect prisoners from blood-borne infections such as HIV and hepatitis.

England tops the EU in imprisonment
England and Wales jail more offenders per capita than any other European, Union country, according to new figures. The imprisonment rate of 141 per 100,000 makes the countries the prison capital of Europe for the second year running.

Don't put mothers behind bars
If we are to arrest the soaring prison suicide rate among women, we need to look at alternative punishment.

UK Prison Abuse: Guards Holding Nooses
'We will kill you. We will get away with it... we've done it before' Prisoners tell of hanging threats by officers holding nooses.

K K K in the UK
In the documentary it is alleged an officer dressed in a Ku Klux Klan mask at a training centre in north-west England. An undercover reporter from the BBC also claimed to have taped racist comments by some officers.

Suicides and unrest have soared, admits Home Office
UK:The already overcrowded prison population is set to go on rising and will top 80,000 within the next three years, a senior Home Office civil servant warned yesterday.

My Sarah was smart and talented - Why did she die in jail?
LONDON: Sarah Campbell was just 18 when she killed herself [? committed suicide,] one of seven women to die in jail this year. Our correspondent asks why so many women kill themselves in prison [? commit suicide in prison.]

Friday, October 3, 2003

Mouse Trap Game? Tried Until Guilty!

Carr MPs revolt over double jeopardy draft!

Two New South Wales Labor MPs have strongly criticised the Carr Government's proposed abolition of the 800 year old double jeopardy rule, which stops people being tried a second time for the same crime.

The left-wing MPs have branded the reforms as dishonest and unjust in a formal submission to the Attorney-General's department.

Early last month the Attorney-General released draft legislation on the Government's proposed reforms to the principle of double jeopardy. Under the reforms, a person could be re-tried for crimes such as murder if new and compelling evidence such as, DNA emerges.

However, emerges, [?] means until evidence is fabricated to ensure people are found guilty?

[And, Even though DNA evidence can be forced off prisoners in custody, profiled, and planted at crime scenes.]

Updated Links 2009:

Corrupt police planting DNA evidence at crime scenes

Others have raised concerns about corrupt police planting DNA evidence at crime scenes.

Military lawyers await probe on DNA tampering

Member for Liverpool Paul Lynch and Coogee MP Paul Pearce are vehemently opposed to the plan, and have made a formal submission to the Attorney-General's department, outlining their concerns.

Murder charge first for DNA data bank link, but not the same as solving the murder

Mass DNA testing of prisoners has led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank. The Herald reported 25 Nov 02 "a DNA saliva swab led to the charging of a former prisoner with the bashing murder of a woman. Police had been unable to find any witnesses or suspects following the murder in Sydney's inner city two years ago. Detectives had admitted they faced a tough job finding the killer."

They say the Government's draft bill would allow a re-trial on much weaker evidence than just DNA testing and that it is "quite dishonest" for the Government to have presented it in the way it has.

They also argue that while the bill is meant to send more guilty people to jail, it may well put more innocent people behind bars.

By Noble Cause Corruption 3 Oct 03

Ed: They wanted to build a better mousetrap. So they remove an 800 year old law? A law that is guarded by the Federal Constitution. Because the authorities wanted to figure out how to make people, GO TO JAIL, just add to that Trial by Media, until they're found guilty!!!

Related:

Weak NSW Government suspends Innocence Panel
The DNA evidence panel is under investigation and the New South Wales Innocence Panel's operations have been suspended and a review of how it works ordered.

Retrospective Laws: Mesmerised like a chook syndrome

What is it? This chook syndrome. Perhaps it is when we allow 800-year-old rule of law to diminish for a dictator like Bob Carr. The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.

Innocent until proven guilty
Presumption of innocence. A hallowed principle of criminal law to the effect that the government has the burden of proving every element of a crime beyond a reasonable doubt and that the defendant has no burden to prove his innocence. It arises at the first stage of the criminal process but it is not a true presumption because the defendant is not required to come forward with proof of his innocence once evidence of guilt is introduced to avoid a directed verdict of guilty.

Civil Liberties Council slams NSW law and order fight
The Civil Liberties Council says the law and order fight in New South Wales is an indictment on both the major parties. Spokesman Cameron Murphy says the State is already one of the toughest in the area of criminal justice in the world. He says the tightening of bail laws will only add to the number of people in jail.

Abolition of 800 year old double jeopardy law a crime
The New South Wales Opposition has described a decision by the State Government to abolish the double jeopardy law as a political stunt.

NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.

ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.

Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

Mr. & Mrs. Mandatory Sentencing
Well congratulations to the bride and groom. Could you please be upstanding and raise your glasses for Mr. And Mrs. Mandatory.

Related Updated 2009:

Military lawyers await probe on DNA tampering
The Army's Criminal Investigation Command said nearly 500 forensic test results from all services dating back 10 years are under review after one of its examiners allegedly faked results. About 119 of those cases pertain to the Navy and Marine Corps.

Corrupt police planting DNA evidence at crime scenes
Others have raised concerns about corrupt police planting DNA evidence at crime scenes.

Police Corruption Links:

The reckoning of a police whistleblower
A decade after crooked cop Trevor Haken rolled over at the Wood Royal Commission into police corruption, he remains in fear of his life and says he has been left out in the cold by authorities, having reached his used-by date.