QUOTE(the klf @ Oct 3 2005, 07:00 PM)
Thank you for the citation. And, while I find that situation in England appalling (we seem to be far more effective punishing rapists in the U.S.), the statistics in the article you cited do not bear out what you claim when you stated, "The current British legal system lets at least 20 guilty people escape justice ,in order to maintain the ideal of not convicting an innocent person."
Your statement makes two claims:
1. The "British legal system" allows 20 rapists to escape justice for every one it convicts, and
2. The British legal system does this to prevent convicting innocent people.
I’ll address the second claim first:
Nowhere in your article was there the suggestion that prosecutors, judges or juries were concerned about preventing innocents from being convicted. The reasons the article gives for rapists going free include:
a. the effect stereotypes have on the believability of victims.
b. prosecutors looking at the likelihood of conviction in deciding to seek justice.
c. the quality of trial preparation available to the accuser and defendant in these cases.
If I missed the part in the article which said rapists escape justice because the legal system wants to prevent innocents from being convicted, please point it out.
Further, I have yet to see any policy statement from anyone within the British legal system that says they would willingly allow 20 criminals to go free to prevent the conviction of a single innocent. Of course, I do not live in England, so I could be mistaken. My experience with people within the legal system suggests that most investigators and prosecutors feel the opposite -- they would trade an occasional innocent facing some form of justice to ensure the conviction of criminals. Some judges and some criminal defense attorneys may feel like its worth letting some criminals escape conviction to ensure that innocents aren’t convicted. However, rather than suggesting a trade of free criminals for free innocents, they usually suggest that the processes required to convict a criminal be established in such a manner that guilt is proved beyond a shadow of a doubt. Even if that means that those who are shown guilty by a preponderance of the evidence, but not beyond a shadow of a doubt, escape justice.
Now, let me address your first claim:
As the article you posted suggests, of the alleged 50,000 women raped (and I do not say alleged because I question these women's claim, I say alleged because the number itself is alleged -- no one really knows how many unreported rapes actually occur) only 11,869 were reported to the police. I don't feel that the British legal system can necessarily be held responsible for a woman's decision not to report a crime.
Of those 11,867 reported cases, slightly less than 10% (1,649) of those went to trial. As I noted in my previous post, there are many reasons cases (in this case 10,218 cases) do not go to trial. Some possibilities as to why these cases did not go to trial include (note my hypotheticals use male and female pronouns to describe roles in these cases even though I recognize that they could be used interchangeably):
a. Those investigating the crime did not believe the victim's claim and refused to pass it on to the prosecutor.
b. The prosecutor did not believe the victim's claim and refused to press forward to trial.
c. The prosecutor believed the claim but realized the chances of conviction given the evidence were slim and decided not to proceed.
d. The person suspected of the crime could not be found.
e. The victim could not distinguish between a number of possible suspects.
f. The victim for whatever reason after reporting the crime decided not to go forward with the trial.
g. The attacker worked out a deal with the prosecutor to plead on a lesser charge.
In situations a. b. and f., there is some question as to whether a rape really did occur. If a rape actually occurred and for either of these reasons, a trial was never held, it would certainly mean a rapist escaped justice. However, it might also be the case that a rape wasn't committed and one of these situations occurred in which case there was no rapist to escape justice.
Further, only a. and b. represent possible failures in the British legal system -- that the victim should have been believed but wasn't. Situation f. on the other hand, represents the victims own decision not to take the case to trial, not necessarily a failure of the legal system.
In situations c., d., e. and f., we assume a rape actually occurred, but not all of these suggest that a failure of the legal system resulted in the attackers escaping justice. There are likely instances of prosecutors failing the victims in situation c., by not pressing forward to trial anyway. However, in situation c., the prosecutor maybe facing a situation in which no forensic evidence exists and the rapists is a distinguished member of the community with no criminal history. In this case, it is not necessarily a failure of the legal system, but a case of overwhelming odds against conviction.
In situation d. it might be a failure of the legal system that they do not have the resources to track down a particular rapist or they have chosen to use their resources elsewhere. However, situation d. might also be a case of a crafty criminal adept at eluding the criminal justice system, in which case its not the failure of the system, per se, that allows him to escape justice.
Situation e. represents a failure of the victim (not to excuse the crime in the least) rather than a failure of the British legal system. While situation g. suggests that the rapists is punished (albeit not with a rape conviction) which means the rapist does not escape justice at all. Situation g. represents about 90-95% of the cases in the US, even those cases in which a prosecutor has a strong case against a suspect.
That leaves 629 successful prosecutions of the 1,649. This suggests that only one third of those prosecuted for rape are convicted. It doesn't however describe the other two thirds. It is quite possible some of that two thirds is innocent (it may also be the case that some of the one-third might be innocent). In either case, it certainly doesn't necessarily suggest a failure of the legal system. There can be any number of reasons that a prosecutor doesn't make his case with a jury one of which is that the suspect is innocent.
Given the various likelihood of each of these situations of cases not going to trial, I think it safe to say that only a portion of the 10,218 reported cases that don't go to trial are a failure of the legal system. Looking at this closer, let's be generous to your position and say that 20% or 2,044 of the reported cases not going to trial represent situations in which the British legal system fails the victim (these are the cases in which a rape occurs and no suspect has any action taken against them – its probably closer to 5% given the number of cases plea bargained but we can use 20% for the sake of this argument).
Similarly, lets say in addition to the 629 successful prosecutions 25% (255) of the unsuccessful prosecutions were because the defendant was actually not guilty of the crime. This would suggest that there were 884 situations in which the British legal system was successful.
By then comparing 884 successes prosecutions with 2,044 possible failures, at most you could say that the British legal system allows a little over 2 (rather than 20 as you claim) rapists to escape justice for every one it convicts.
This may seem like a more detailed response than the statement required. But, I felt it important to dismantle this claim. I found your statement writing off the very appalling situation facing rape victims in England as the result of leftists protecting criminals, a misleading and ultimately dismaying conclusion that does nothing to engender a solution to this situation. In fact, the article you cited, in addition to contradicting your claims, builds on the reasons it gives for the current situation by recommending a number of solutions that appear to me to be an effective way of rectifying this situation.