The Angry Exile: Juries? Meh, who needs 'em.

The Hangman

Into our town the Hangman came,
Smelling of gold and blood and flame.
And he paced our bricks with a diffident air,
And built his frame in the courthouse square.
The scaffold stood by the courthouse side,
Only as wide as the door was wide;
A frame as tall, or little more,
Than the capping sill of the courthouse door.
And we wondered, whenever we had the time,
Who the criminal, what the crime
That the Hangman judged with the yellow twist
of knotted hemp in his busy fist.
And innocent though we were, with dread,
We passed those eyes of buckshot lead --
Till one cried: "Hangman, who is he
For whom you raised the gallows-tree?"
Then a twinkle grew in the buckshot eye,
And he gave us a riddle instead of reply:
"He who serves me best," said he,
"Shall earn the rope of the gallows-tree."
And he stepped down, and laid his hand
On a man who came from another land.
And we breathed again, for another's grief
At the Hangman's hand was our relief
And the gallows-frame on the courthouse lawn
By tomorrow's sun would be struck and gone.
So we gave him way, and no one spoke,
Out of respect for his Hangman's cloak.
The next day's sun looked mildly down
On roof and street in our quiet town,
And stark and black in the morning air
Was the gallows-tree in the courthouse square.
And the Hangman stood at his usual stand
With the yellow hemp in his busy hand;
With his buckshot eye and his jaw like a pike
And his air so knowing and business-like.
And we cried, "Hangman, have you not done
Yesterday, with the foreign one?"
Then we fell silent, and stood amazed,
"Oh, not for him was the gallows raised."
He laughed a laugh as he looked at us:
"Did you think I'd gone to all this fuss
To hang one man? That's a thing I do
To stretch a rope when the rope is new."
Then one cried "Murder!" and one cried "Shame!"
And into our midst the Hangman came
To that man's place. "Do you hold," said he,
"with him that was meant for the gallows-tree?"
And he laid his hand on that one's arm.
And we shrank back in quick alarm!
And we gave him way, and no one spoke
Out of fear of his Hangman's cloak.
That night we saw with dread surprise
The Hangman's scaffold had grown in size.
Fed by the blood beneath the chute,
The gallows-tree had taken root;
Now as wide, or a little more,
Than the steps that led to the courthouse door,
As tall as the writing, or nearly as tall,
Halfway up on the courthouse wall.
The third he took -- we had all heard tell --
Was a usurer, and an infidel.
"What," said the Hangman "have you to do
With the gallows-bound, and he a Jew?"
And we cried out, "Is this one he
Who has served you well and faithfully?"
The Hangman smiled: "It's a clever scheme
to try the strength of the gallows-beam."
The fourth man's dark, accusing song
Had scratched our comfort hard and long;
"And what concern," he gave us back.
"Have you for the doomed -- the doomed and Black?"
The fifth. The sixth. And we cried again,
"Hangman, Hangman, is this the man?"
"It's a trick," he said. "that we hangmen know
For easing the trap when the trap springs slow."
And so we ceased, and asked no more,
As the Hangman tallied his bloody score.
And sun by sun, and night by night,
The gallows grew to monstrous height.
The wings of the scaffold opened wide
Till they covered the square from side to side;
And the monster cross-beam, looking down,
Cast its shadow across the town.
Then through the town the Hangman came,
Through the empty streets, and called my name --
And I looked at the gallows soaring tall,
And thought, "There is no one left at all
For hanging, and so he calls to me
To help pull down the gallows-tree."
So I went out with right good hope
To the Hangman's tree and the Hangman's rope.
He smiled at me as I came down
To the courthouse square through the silent town.
And supple and stretched in his busy hand
Was the yellow twist of the hempen strand.
And he whistled his tune as he tried the trap,
And it sprang down with a ready snap --
And then with a smile of awful command
He laid his hand upon my hand.
"You tricked me. Hangman!," I shouted then,
"That your scaffold was built for other men...
And I no henchman of yours," I cried,
"You lied to me, Hangman. Foully lied!"
Then a twinkle grew in the buckshot eye,
"Lied to you? Tricked you?" he said. "Not I.
For I answered straight and I told you true --
The scaffold was raised for none but you.
For who has served me more faithfully
Then you with your coward's hope?" said he,
"And where are the others who might have stood
Side by your side in the common good?"
"Dead," I whispered. And amiably
"Murdered," the Hangman corrected me:
"First the foreigner, then the Jew...
I did no more than you let me do."
Beneath the beam that blocked the sky
None had stood so alone as I.
The Hangman noosed me, and no voice there
Cried "Stop!" for me in the empty square.

Maurice Ogden

Wednesday 17 February 2010

Juries? Meh, who needs 'em.

On the subject of justice, I may have my tin foil hat on here but this article worried me.

Two thirds of jurors sitting in British courts fail to understand what a judge tells them about important aspects of the law, risking serious miscarriages of justice, a study concludes.

And what my bacofoil shielded thoughts are telling me is that maybe, just maybe (no sarcasm intended), this will be seen as evidence that jury trials are a weak link and perhaps should be phased out. I can't think why those thoughts have crept into my mind, unless... could it possibly be something to do with the fact the decision was made last year to hold a jury-less criminal trial (okay, now sarcasm is intended)? And that the reasons for this are not entirely clear cut...

"The ruling has been made on the basis of secret material which we have never seen, presented by witnesses whose identity – other than their rank in the Metropolitan police – has not been disclosed to us," his solicitors said.

... although it is known that the defendant, John Twomey, gave evidence against the police in a 1980s corruption case. Make of that what you will, but all the appeals to treated normally were turned down and Twomey's trial - his fourth for this same offence - is on now. He might even be guilty for all I know, but I wouldn't bet on an acquittal either way.

So is this latest study, conducted on behalf of the Justice Ministry, another step down the path to the right to trial be a jury of one's peers being done away with? Minus my aluminium beanie I have to say probably not. After all there's still the requirement for at least a majority verdict and ideally unanimity, and one judge was quoted as saying that the study vindicated juries. So probably not any kids of sneaky softening up so that more cases that are 'must win' for the CPS can be heard without a jury who might not understand how important it is that justice is seen to be done i.e. doesn't matter if it actually is as long as it looks like it is. No, probably nothing to worry about.

But the thing is this: instead of thinking 'probably not' surely I ought to be saying 'certainly not'?

UPDATE: Clearly not just me. Her Sabre-Toothed-ness agrees in the comments and over at Douglas Carswell's blog he says much the same. Is there enough tinfoil to go around?