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Is There A Place For A Court Of Public On The Edges Of The...

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sandyRoe | 19:58 Thu 05th Sep 2024 | Law
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... judicial system?

I was thinking of the time Kerr Starmer was DPP and decided there wasn't enough evidence to secure a conviction against Jimmy Saville in the courts.

If he'd authorised the prosecution, knowing it had little chance of success, he would have placed Saville in the dock of the court of public opinion.  

Saville's opportunity to continue with his abusive ways would have been limited.  

Did Starmer make a mistake?

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Should read: A court of public opinion 

Mistakes are easy to spot with hindsight.

No that would be terrible, we all know public opinion is flawed and easily manipulated. Sure Starmer let Saville off but he must have thought that was right at the time.

Isn't being in the public  interest part  the decision to prosecute  and/or whether there is a reasonable chance of success. I am sure NJ or others with knowledge of the law will clarify

"Isn't being in the public  interest part  the decision to prosecute" 

Yes it is. But the CPS undertakes a two stage test. In the first stage, Crown Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction". Only if that test is satisfied do they go on to stage 2 - the "public interest" test.

The CPS lawyers decided that there was insufficient evidence to prosecute Savile so the public interest test did not arise.

Surely some of the greatest legal minds of the time realised that victims and witnesses would come forward once the ball was rolling.

Any evidence could then have been tested while the perv was still around rather than all the empty words post mortem.

No wonder folk think he had friends in high places, possibly with their own interests in keeping it all covered up in the short term.

Did they fix it for Jim?

"Keir Starmer was not informed when an investigator at the Crown Prosecution Service decided to drop a case against Jimmy Savile, sources have told the Guardian, despite the fact he led the institution at the time.

The Labour leader was unaware that a prosecutor had closed the case into the notorious child sexual abuser in 2009, nearly a year after he took over as director of public prosecutions (DPP).

He later reviewed the case in 2012 and came very close to rubber-stamping the original decision not to prosecute, before deciding at the last minute to commission his chief legal adviser, Alison Levitt, to conduct a formal inquiry."

I share douglas's suspicions.

well as a DPP, he has duties for follow in deciding to bring a case

but Sandy what you are really asking is - can we make it so  the verdict in court is NOT  the guilt finding point ?

Yes we most certainly can - The guilt finding process  as er a process

arrest -> charge goes to case goes to verdict goes to poonie

arrest - Japanese - you dont get arrested until you confess ( sweden too poss)

charge - 1793 reign of terror ( etes vous Anne Marie?  Oui - - - - Mort).  The chance of chop-chop if you were arrested during the  terror was high ( like no one survived)

case - here you are saying a guiltfinding process can take place in just bringing a case even if doomed to fail

verdict - our current system

poonie - witch  drowning I suppose, it they die then they were a witch

a standard analysis in any criminology book ( see chapter on deviant sociology)

well you wanted an analysis  --  this is one

yup NJ has enumerated the test as used

which does not include - "and is there a chance of an avalanche of people who will give evidence better than we have ?"

Well there bleedin' well should be.

It does occur - one of co-workers came into work and said - you know case X ?

my brother was one of the hidden victims and has come forward ( and the whole family needed therapy -  did we ignore signals  etc)

I am no great fan of Starmer but I don't believe that he had any involvement in the JS case.

Jimmy Saville was a creepy individual.  There were surely red flags that could have been picked up on by the people he interacted with.

 

Do you mean trial by media, we already have that, look at the recent riots

simon sharma' lecture on Revolutions, (*) tells me that this ( arrest led to beheading) was rooted in Law of the Suspects  Sep 1793

https://fr.wikipedia.org/wiki/Loi_des_suspects

(*) Darwin Lectures - you tube

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