Criminal Courts Charge....more Magistrates resigning in protest.

[estellyn]

This is just a continuation of the campaign to withdraw justice from the poor (and undoubtedly more to come if we withdraw from the EU convention on human rights). Legal aid has been cut back to the bone, so it's now even more difficult to get decent representation if you're poor (not that the representation was that good before). so the person goes to court with either poor or no representation. If they have a rep they will be encouraged to take the plea and get the lower fine. If they decide to go forward and plead innocence, there is a good chance that they or their rep will lack the skills (or in the rep's case the motivation or time) to be able to prove they are not guilty, and so get the higher fine for being innocent. And even if guilty, the majority of crimes are committed due to poverty, drug addiction or mental health problems, so the fine for a guilty fee ends up being a fine on a condition that they find themselves unable to escape from. Previously judges/magistrates could use discretion on cases, but now find themselves in the first step towards a mandatory minimums system, such as they have in the USA. First we have mandatory fines, and next mandatory sentencing with no discretion for certain crimes.

 

And the kicker is that someone wealthy is much less likely to be prosecuted in the first place (legal arguments from high paid legal meaning the case isn't prosecuted), and even if it does go forward, their solicitor/barrister is highly paid, very motivated and with ample time and is much more likely to get a not guilty verdict. My understanding is that there are specialist firms dealing with certain driving offences who have a near 100% success rate, but of course this costs. And then on the rare occasion they are fined, it would be paid the same day with no stress or strain.

 

The people making this legislation are the wealthy. They have no idea what it's like to be poor or struggling. They believe poverty, drug addiction, poorly managed mental health is a morality issue and that people are in this situation by their own actions. so they probably see the fines as part of their 'stick and stick' program (no carrots). Hit them with a stick and they'll get better, behave better. They probably believe they're doing us a favour - I know IDS thinks so with his benefit reforms.