Malkinson case

[Brigadier]

So, let's pretend you're doing the reviews now. You see a hundred a year with let's say an average of five years left to serve.

If you want to spend an equal time working as you do in prison you'd need to be right 499 times out of 500.

How much do you want to be paid?

I really do not see your point.

The justice system already does this (checks and balances).

My point is that some person (or persons) made a decision - to lock Malkinson, in this case, up - in light of the (long-overdue) checks and balances.
That person (or persons) should be fully investigated and, if necessary, punished for their negligence.

If I fudge up, I expect to be reprimanded.
If I fudge up some more, I expect to be sacked.
If I fudge up royally enough, I expect to be jailed.

Same should apply to those whose fudge ups send innocent people to jail. IMHO.

 

[carmanmemoranda]

Not so much those that sent him to jail, if the information they were working on was "without doubt".

But more those that presented the wrong information, and indeed suppressed new information

 

[Odds]

Whatever happened to "better a thousand guilty men go free, than one innocent man be punished"?

Then why introduce them?

 

[blup]

Read the story, Mallkinson's lawyers were notified.

Blup

 

[IT Minion]

I really do not see your point.

The justice system already does this (checks and balances).

My point is that some person (or persons) made a decision - to lock Malkinson, in this case, up - in light of the (long-overdue) checks and balances.
That person (or persons) should be fully investigated and, if necessary, punished for their negligence.

If I fudge up, I expect to be reprimanded.
If I fudge up some more, I expect to be sacked.
If I fudge up royally enough, I expect to be jailed.

Same should apply to those whose fudge ups send innocent people to jail. IMHO.

You're advocating a blame culture instead of a learning culture.

That approach has generally fallen out of favour as it doesn't work well to either reduce incidents or productivity.

If a person makes a massive, stupid mistake then they should be dealt with, but this wasn't one person, it was a process that failed. Picking a scapegoat won't help anything.

This thread was about the refusal of permission to appeal in 2013, not the original conviction.

 

[motorbiking]

It would depend if the cps were aware of the evidence. It’s ultimately their job to go to trial and disclose. If they knowingly withheld bad evidence, then questions should be answered.

Compensation doesn’t remove his right to claim damages from a party whose malicious misconduct resulted in his wrongful conviction.

Unfortunately you have to prove it was malicious.

 

[Brigadier]

I introduced the priniciple (in law); you introduced the

hypothetical cases

as in

a thousand guilty men in this case would go on to rape and murder a thousand innocent women,

 

[Brigadier]

You're advocating a blame culture instead of a learning culture.

No, I'm not: I'm advocating a "responsibility culture".
Too many people have sloping shoulders nowadays; happy to take the (sometimes, eye-watering) salary, yet quick-as-a-flash they'll disappear, when it gets tough.

 

[Brigadier]

Picking a scapegoat won't help anything.

Strawman: attributing fair responsibility is all I have advocated.

If we're talking scapegoats, Malkinson is exhibit A.

 

[Brigadier]

This thread was about the refusal of permission to appeal in 2013, not the original conviction.

As was the advocation of fair responsibility; if someone or others knowingly withheld information that rendered the conviction unsafe, they should be held fairly responsible.

Best unplug the shredders

 

[ellal]

Authority will always allow innocent people to suffer because the 'system' cannot be allowed to be seen as having failed...

Cans are always kicked as far down the road as possible so that those who cause miscarriages of justice either die or retire on a healthy pension...

There may be an expensive inquiry in this case, but as always we already know the result...

A claim that 'lessons will be learned', but of course nothing will change!

 

[crystal ball]

Authority will always allow innocent people to suffer because the 'system' cannot be allowed to be seen as having failed...

Cans are always kicked as far down the road as possible so that those who cause miscarriages of justice either die or retire on a healthy pension...

There may be an expensive inquiry in this case, but as always we already know the result...

A claim that 'lessons will be learned', but of course nothing will change!

Are you saying the law/ process has not changed in the past after various enquiries, if so we would be still be drowning witches

 

[Brigadier]

Are you saying the law/ process has not changed in the past after various enquiries, if so we would be still be drowning witches

If I may step in here.......

...metaphorically, we're still "burning witches": the point is that those doing the burning - especially the higher up they are - tend to escape responsibility for their actions.

 

[transam]

Ask trans. Graveyards would be full of innocent dead people, if ever he got his chance to make the rules.

Nonsense afaik he was never charged with murder ???

Only the guilty would be bumped off

I would have to consider my approach to those breaking into vans and pinching tools

But it would be some suitable probably violent punishment

Same for some (?) cases of cruelty to animals

Dunno what but in some cases they would not be walking around

 

[transam]

Should the person who made the decision be jailed a fitting sentence would be the length of time Malkinson spent in jail after this evidence came to light

Police and CPS had key DNA evidence 16 years before Andrew Malkinson cleared of rape

Exclusive: No action taken despite 2007 discovery of searchable male DNA profile on rape victim’s top that did not match Malkinson’s

www.theguardian.com

Quite agree bang em up
For 17 years minimum

Same goes for those
Giving parole to violent criminals that re offend

Make them responsible and bang em up