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How do you put a price on justice?

(7 Posts)
foxie48 Wed 16-Aug-23 18:15:00

So Andrew Malkinson should never have been convicted of rape and the whole case was flawed from the start. However, there are now questions being asked as to why he was not granted an appeal in 2009 when new evidence came to light. I do wonder how much he was the victim not only of a botched police job, poor judgement by the CPS and probably poor representation but also of austerity and an unwillingness to spend money on an appeal. I used to be proud of British justice but I now wonder how many more "Malkinsons" linger in jail whilst being completely innocent. Thoughts?

B9exchange Thu 17-Aug-23 00:15:20

That poor man has had his life completely wrecked for no reason. Given the appallingly low prosecution rate for rape, it is astonishing that such a catastrophic police error could be made over one case they actually decided to bring to trial.

You ask how you put a price on justice - or the lack of it. I have no idea, money is no compensation for a destroyed life, but he will need a considerable amount to make up for lack of employment, housing, family costs, pension contributions etc.

Needless to say if this had happened in the States, his compensation would be very many millions, but then that's why US lawyers are so expensive. In this country we seek to take back accommodation costs for the time spent in prison. If this case has highlighted that injustice, then at least a tiny bit of good will come out of it.

Perhaps he can write a book with film rights, that might help with his pension!

Grantanow Thu 17-Aug-23 15:17:47

This Tory government wants to build another 20,000 prison places which means about 20,000 X £51,000 extra annual costs and they are talking about imprisoning 2nd time shoplifters. Far too many people are in jail, far more than most EU countries per head of population. The whole criminal justice system has become a self-sustaining industry with massive subsidy by the taxpayer. It needs a major overhaul but politicians know there are no votes in prison reform so they ignore it except when it suits them to whip up public feeling.

Callistemon21 Thu 17-Aug-23 15:54:40

Error?
Or a determination that another crime should be ticked off the 'solved' list whatever the cost to an individual?

foxie48 Thu 17-Aug-23 18:02:36

I heard on the radio that the main reason that he did not get leave to appeal was because the funding for the Criminal Cases Review Commission had been drastically reduced in 2008/9 and this had affected the willingness to take on cases!

MaizieD Thu 17-Aug-23 21:19:23

The whole criminal justice system has become a self-sustaining industry with massive subsidy by the taxpayer.

I don't think that's a fair comment, Grantanow. I don't know if you've read anything by the Secret Barrister, who is a criminal lawyer, but the amount of money criminal lawyers get when measured against the amount of work they have to do on cases, is absolutely pitiful. And legal aid is necessary in a country where it is believed that all citizens should have access to the law. Which, of course, includes the poorest.

If anyone is to blame for there being far too many people in jail one might look to a government which is progressively criminalising minor transgressions, or even actions which have never before been criminalised, and ordering ever excessive jail sentences on conviction.

I can't address the OP's question because it is just too difficult to quantify. I certainly think that there should be an automatic tariff for compensation so that wrongly imprisoned people shouldn't have to spend further time fighting for adequate compensation.

Vintagewhine Fri 18-Aug-23 08:08:43

MazieD I think the answer to OPs question is exactly what you have said. You can't put a price on justice but we can recognise the need to fund it properly. For a request for an appeal, which clearly is justified, to be rejected on the grounds of cost is appalling. Keeping innocent people in prison is not only inhuman it's also very expensive.