Lucy Letby: the ineffable truth: Difference between revisions
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{{Drop|L|Ike all criminal}} trials in the UK it was conducted according to arcane rules: statute, the common law, the rules of procedure, the law of evidence, and long established (if roundly criticised) principles governing [[expert evidence]]. | {{Drop|L|Ike all criminal}} trials in the UK it was conducted according to arcane rules: statute, the common law, the rules of procedure, the law of evidence, and long established (if roundly criticised) principles governing [[expert evidence]]. | ||
These institutions are meant to vouchsafe justice, and generally do, but | These institutions are meant to vouchsafe justice, and generally do, but are not infallible. Miscarriages of justice can and do happen. Even outrageous ones. | ||
From this tremendous ''melée'' — the [[evidence-in-chief]] and [[cross-examination]], each submission and each fork-tongued duel between barrister and witness — we expect 12 random citizens formed between them an impression sure enough | From this tremendous ''melée'' — the [[evidence-in-chief]] and [[cross-examination]], each submission and each fork-tongued duel between barrister and witness — we expect that 12 random citizens formed between them an impression sure enough to condemn a defendant — but yet at the same time so mystic and ''ineffable'' that it cannot later be explained or rationalised. The verdict passes intractably into the record, a brute ontological fact, immune to mortal analysis. | ||
To the question: | To the question: | ||
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{{Quote|You had to be there.}} | {{Quote|You had to be there.}} | ||
The Holy Spirit was upon these jurors. A guilty soul was justly condemned. | The Holy Spirit was upon these jurors. A guilty soul was justly condemned. Justice visited, did its thing and left, leaving no trace. None can now make sense of it. But still we must, all the same, quietly abide. | ||
====What the eye don’t see —==== | ====What the eye don’t see —==== | ||
{{drop|A|curious feature}} of this argument is | {{drop|A|curious feature}} of this argument is how it depends on ''what we cannot see''. There is a “truth”, but it is comprised of darkness. We cannot apprehend it, so we cannot challenge it. | ||
But, explicitly, the criminal law does not work like this. Quite the opposite: it is, to a fault, ''rational''. It is unflinchingly evidence-based: evidence is the be-all and end-all. There are strict rules governing what may be admitted. All of it may be interrogated. Everything that can influence an outcome must lie on the surface. If it cannot be made to float — if it comprises innuendo or prejudice, we must sponge it from the record. | But, explicitly, the criminal law does not work like this. Quite the opposite: it is, to a fault, ''rational''. It is unflinchingly evidence-based: evidence is the be-all and end-all. There are strict rules governing what may be admitted. All of it may be interrogated. Everything that can influence an outcome must lie on the surface. If it cannot be made to float — if it comprises innuendo or prejudice, we must sponge it from the record. |