Just in case anyone misses it, there is a programme on BBC1 tonight at 10.35 called "Guilty by Association" which examines the controversy surrounding the Joint Enterprise Law. I loved "common" so will definitely watch this one.
'Common' was very thought provoking, How easily an innocent person can be declared a criminal is frightening, I hope this law is amended. Great acting by all of the cast, especially the bewildered patents, and mother of the also innocent victim.
Very thought provoking programme tonight.Each case on its merits of course.The issue of JI certainly warrants further legal debate.Very troubling to see serious sentences handed down when in effect,as one solicitor rightly commented,that the jury is having to second guess the intention of the accused who himself has to second guess the 'main' culprit...
Felt tonight's programme left more questions than answers. I swayed from being in favour to being against, throughout the programme. Is this law just for murder? If applied to other crimes eg fiddling expenses by MPs or child sex abuse, maybe the law would be changed very quickly the great and the good could be convicted of crimes "by association".
If it were just as simple as that I may agree, but in a couple of cases it wasn't - as said above the Jury had to try to second guess what the others knew or didn't, what they thought regardless of how far away they were at the time. Also whether the jury assumed they had set out with intent, so much guesswork.
We only saw the tip of the iceberg and it certainly made me sit up and think.
I'd imagine, mamya, that 99% of cases go long the lines of 'no comment,no comment, ain't grassing my mates up' 'OK, we'll just charge you with 'joint-enterprise' murder' 'whoa there, it was him that did it'
it could be a bad law if used in the wrong way but then couldn't any law?
Different theme i know but when the rioting happened the government was looking at evicting a parent(s) for their sons or daughters involvement! Utterly ridiculous,I remember Grant Schapps who was the Housing Minister talking about it.What court would entertain that?
I thoroughly enjoyed the programme, but I always thought that Guilty by Association was the law, look at teenager Derek Bentley who was hanged for the murder of PC Sidney Miles, when he didn't actually pull the trigger, didn't even have a gun. In my eyes the law was hang around with dogs and get fleas, which means the same.