Tuesday, May 10, 2011

Case overturned - probably guilty - deserves compensation?

As this is a matter of some debate at the moment - particularly in The Guardian - it is perhaps worthwhile giving a perspective.

The overturning of a conviction is emphatically not the same thing as 'proving that X or Y was innocent' - however much one might think so from the way an over-excited media deals with these reversals.
In practice - in precisely the same way that almost all found 'not guilty' in trials have actually 'done the deed' - the vast majority are indeed guilty. So who in their right mind would want to award them compensation?
The root cause of what seems to be a paradox is that in our nation, we require guilt to be established 'beyond reasonable doubt' rather than 'on the balance of probabilities'.
I was in the courts for ten years and I can assure readers that 'innocence' is a very rare commodity indeed. You are far more likely to find cases that 'perhaps should never have been brought' than actual innocence.
On many occasions have I found people I fully believed to be guilty, 'not guilty', because of the principles named above - simply because all the ducks were not lined up in a neat row!
Only if outright innocence is determined should compensation be awarded - and under such circumstances should then be very generous indeed.
Such decisions could be subjected to 'the' balance of probabilities' test - as this has effectively become a civil law decision.

This individual awoke, fully safe in the knowledge that he can NEVER face execution. So tremendously heartwarming!

Alleged Bondi beach gunman charged with 15 counts of murder. Naveed Akram awoke from a coma in a hospital in Sydney and refused to be interv...