What Pryce justice?

The real value of juries.

One of our national vices is to sneer at those who ask basic questions. This in turn creates a general reluctance of people to ask such questions, so as not to risk “looking stupid”. It is better to keep one’s mouth closed and be thought an idiot, we are often told, than to open it and put the matter beyond all doubt.

Yesterday it was revealed that the jury in the trial of Vicky Pryce had asked some straightforward questions of the judge. One or two of the questions seemed very basic indeed. But the jurors were right to ask those questions if there was genuine uncertainty by any one of them. A person facing a serious criminal charge should be glad of a jury which asks such questions of the judge before convicting, rather than one which has the same questions but keeps silent and then convicts beyond reasonable doubt.

We know very little as to why this particular jury asked those questions. It may be that all twelve of the jurors were equally puzzled on each of the queries posed, though this is highly unlikely. It could be that there was just one juror who was not accepting what the others were saying, and so it was decided that the judge would be better placed to give the necessary guidance in simple language and an authoritative tone. Given that the jury was unable to agree even a majority (10-2) verdict, it is probably the case that not each question was posed by all jurors together.

It would have been far better, of course, had the jury had understood all the relevant points to begin with. But the case which was tried (and will be retried next week) is not simple on either its facts or the law. The judge’s directions to the jury were some seventeen pages long. The jurors were charged with finding guilt or innocence in respect of an action many years ago to which there was no other direct witness evidence other than from the defendant and on the basis of substantial circumstantial evidence. And to these facts the jurors were required to apply the rare “marital coercion” defence, the exact scope of which remains unclear even to many lawyers. 

Juries are certainly not perfect. Any sentimentality about the wonders of trial by jury can often not survive experience of watching one in action or serving on one. My own anecdote is that I once saw a miscarriage of justice when a prosecutor put an early question in such a pejorative manner that the entire jury seemed at once to turn against the defendant regardless of his answer (the defendant was convicted, but he appealed and was then acquitted).

The real value of juries is in what they prevent others from doing. Without juries in criminal cases, decisions on serious criminal matters would be left entirely to judges. Some may say that would not be a bad thing; but when one’s defence on a serious matter depends on assessments of disputed evidence, it is better to have ten to twelve people convinced before any sanction is imposed rather than just one. And juries act as a brake on any biases judges may develop over time in respect of the credibility or otherwise of, say, police or expert witnesses.

Indeed, the main merits of the British constitution are in respect of what each part stops another part from getting away with. The best argument for the Crown is in respect of the ultimate powers others do not have because of its very existence. The House of Commons can sometimes stop the civil service and ministers getting carried away either in bad law-making or implementation of policy; and the House of Lords can be a check on sloppy legislating by the House of Commons. The Courts can review and quash bad laws and decisions, and Parliament can change the law if the Courts’ decisions are unwelcome. No part of the British polity is really that impressive on its own terms; the value of each component lies primarily in the abuses it stops others committing.  Juries are no different.

Some juries are strange, and they may be stranger than we can dare to imagine. Some individual jurors do things so patently weird that one despairs. And some jury verdicts are so perverse that one can only wonder what they are thinking, if they were thinking at all. But like Churchill’s maxim about democracy, juries deciding serious criminal matters are better than the alternatives.

 

David Allen Green is legal correspondent of the New Statesman

Serious-looking Victorian jurors. Image: Hulton Archive/Getty Images

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

Photo: Getty
Show Hide image

The rise of the green mayor – Sadiq Khan and the politics of clean energy

At an event at Tate Modern, Sadiq Khan pledged to clean up London's act.

On Thursday night, deep in the bowls of Tate Modern’s turbine hall, London Mayor Sadiq Khan renewed his promise to make the capital a world leader in clean energy and air. Yet his focus was as much on people as power plants – in particular, the need for local authorities to lead where central governments will not.

Khan was there to introduce the screening of a new documentary, From the Ashes, about the demise of the American coal industry. As he noted, Britain continues to battle against the legacy of fossil fuels: “In London today we burn very little coal but we are facing new air pollution challenges brought about for different reasons." 

At a time when the world's leaders are struggling to keep international agreements on climate change afloat, what can mayors do? Khan has pledged to buy only hybrid and zero-emissions buses from next year, and is working towards London becoming a zero carbon city.

Khan has, of course, also gained heroic status for being a bête noire of climate-change-denier-in-chief Donald Trump. On the US president's withdrawal from the Paris Agreement, Khan quipped: “If only he had withdrawn from Twitter.” He had more favourable things to say about the former mayor of New York and climate change activist Michael Bloomberg, who Khan said hailed from “the second greatest city in the world.”

Yet behind his humour was a serious point. Local authorities are having to pick up where both countries' central governments are leaving a void – in improving our air and supporting renewable technology and jobs. Most concerning of all, perhaps, is the way that interest groups representing business are slashing away at the regulations which protect public health, and claiming it as a virtue.

In the UK, documents leaked to Greenpeace’s energy desk show that a government-backed initiative considered proposals for reducing EU rules on fire-safety on the very day of the Grenfell Tower fire. The director of this Red Tape Initiative, Nick Tyrone, told the Guardian that these proposals were rejected. Yet government attempts to water down other EU regulations, such as the energy efficiency directive, still stand.

In America, this blame-game is even more highly charged. Republicans have sworn to replace what they describe as Obama’s “war on coal” with a war on regulation. “I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump announced in March. While he has vowed “to promote clean air and clear water,” he has almost simultaneously signed an order to unravel the Clean Water Rule.

This rhetoric is hurting the very people it claims to protect: miners. From the Ashes shows the many ways that the industry harms wider public health, from water contamination, to air pollution. It also makes a strong case that the American coal industry is in terminal decline, regardless of possibile interventions from government or carbon capture.

Charities like Bloomberg can only do so much to pick up the pieces. The foundation, which helped fund the film, now not only helps support job training programs in coal communities after the Trump administration pulled their funding, but in recent weeks it also promised $15m to UN efforts to tackle climate change – again to help cover Trump's withdrawal from Paris Agreement. “I'm a bit worried about how many cards we're going to have to keep adding to the end of the film”, joked Antha Williams, a Bloomberg representative at the screening, with gallows humour.

Hope also lies with local governments and mayors. The publication of the mayor’s own environment strategy is coming “soon”. Speaking in panel discussion after the film, his deputy mayor for environment and energy, Shirley Rodrigues, described the move to a cleaner future as "an inevitable transition".

Confronting the troubled legacies of our fossil fuel past will not be easy. "We have our own experiences here of our coal mining communities being devastated by the closure of their mines," said Khan. But clean air begins with clean politics; maintaining old ways at the price of health is not one any government must pay. 

'From The Ashes' will premiere on National Geograhpic in the United Kingdom at 9pm on Tuesday, June 27th.

India Bourke is an environment writer and editorial assistant at the New Statesman.

0800 7318496