A Responsible Duty and A Correct Due Process – #Blog Battle : April – Jury

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To be chosen for jury service in the prominent town of Hastley indicated reaching trustworthy and acceptable social state. For fairness your name was drawn forth from an ornate box, thus reducing repetition. Payments made in lieu of lost earning time, and the meals provided ensuring not much sacrifice was involved. There was the right to respectfully question any official of the court at certain interludes, just for clarification, of course. A socially valuable right nonetheless.

The group of ten seated in the court were all experienced at the role, which was of relief to the judge and his two officials as direction was not needed. This was something of an important case, an alleged unprovoked drunken assault on a noble’s official by an inhabitant of an outlying village. Had the victim been about their duties at the village then the case would have been straightforward but this had taken place in a tavern, always places of volatility. The general opinion amongst the comfortably off in the town was that villagers were becoming  troublesome and thus blame must lay with the person charged. Yet, the official consensus was there must be a trial so there could be no dispute over the punishment.

 

The local Prosecutor had been called away on urgent personal business and it had been source of much discussion that someone of the Prince’s own Office of Judiciary was sent to take his place. The outlying villages’ inhabitants had been disruptive for too long and this representative’s deployment was obviously a most astute move of the Prince’s. Someone who was here to impart princely justice. Well, that would send another signal to the bothersome rurales to keep in line.

 

The fellow and his two escorts on arrival were polite enough albeit it in a slightly detached way, but as everyone said, folk on Princely business of importance could not afford affability. When the proceedings opened he deported himself with all the serious professionalism expected of those in this rank. It was noted, for instance he had been the first in the court, seated reading his notes, occasionally looking up as jurors came in and took their oaths, nodding respectfully to the Appointee for The Defence, studying the audience including the few rurals allowed in and naturally standing as the judge entered. He was all business, and the jurors waited with some anticipation. Surbule the absentee Prosecutor was unexciting  in his speech and mode of questioning, often a verdict was brought swiftly to free themselves from the tedium he had brought to the proceedings, even in murder cases.

 

The accused was as expected nervous, also untidy and in the usual the ragged rural clothing. It was noted he already looked bitterly chastened. Whereas the assaulted official who dressed as befitted a court maintained an air of quiet dignity and diffidence.     

 

The jurors could not help but feel an air of anticipation, to see how this Prosecutor  performed. They noted how he patiently waited, quietly observing all the preliminaries; of the accused’s details, those of the charge and the request of how he pleaded, which was a stammering ‘Not Guilty’. The Prosecutor arose, surveyed the entire personnel assembled and began. The jurors were not to be disappointed.

He spoke in measured, authoritative, economical tones, a word seeming to hold as much value and weight as ten. He established beyond measure that the accused had been somewhat drunk, thus colliding and knocking to the floor the official. He made it clear there was no demonstrable display of apology. With condemnable efficiency he had the man admit there was a certain animosity held within the surrounding villages to both town and noble, all previous incidents dealt within this court.  Thus the act was one of violence through local disagreement and unjustified. What the jurors observed as noteworthy was at no time did The Prosecutor assail the accused’s personal character, not even raising his voice to harangue the man. It was all very civilised and dignified.  None of the rurals could complain.

He was very solicitous of the official. Simply asked for his account of the events. Asked if he knew the accused personally. Had the official any direct dealings with any member of the man’s family? No the official did not. Had he at any time felt the animosity displayed by the villagers might have been a threat to his safety? The man replied, it might have been so. The Prosecutor thanked him.

Then in a brief summary said the evidence showed the accused under the influence of drink had demonstrated incaution towards authority which had led to a forceful physical act. He addressed the jury as a group. He said they should consider these facts, and the background to the local issues. He asked them to use their local judgement wisely. For had not an altercation taken place? Where might that lead if left unattended to?

They thought it a masterful display of understatement.    

Against this the young, inexperienced, local Appointee for the Defence stumbled through the same procedure as his opposite and more commanding number. All the while glancing nervously about. He managed to establish the same facts. He mused briefly that it might have been an accident, while staring to his opposite number not the jury or the judge, in an almost appealing manner, as if for help. The jury noticed the Prosecutor had quite the air of sorrow for the young fellow, such was the weakness of his attempt to dilute the facts of the case. Everyone on the jury knew him, he was a nice lad of good family…..But….

 

The jury thought the whole matter was being done with the utmost efficacy and brevity. The proceedings had started at morningtide and had been completed in time for luncheon. They partook of this first, because naturally you could not reach a verdict on an empty stomach, there might be an error of justice. Thus at the commencement of afternoontide they were comfortable and ready to discuss the matter at hand. The presence of one of the Prince’s own Prosecutors lent to the assemblage a feeling of sobriety and duty, no time to reflect on the comfort of the meal. Even at the risk of slight indigestion they had to emulate the Prosecutor, swift, efficient. There was a discussion of the facts as presented by the Prosecutor, to this was applied the local knowledge. There was debate as to whether the accused was guilty of Intentional Assault or Negligence By Malice Aforethought. They thought it only right to dwell on this matter, being men of experience they were fully cognisant of the legal implications, the former being the more serious act as it displayed a certain volatility which might erupt at any time. And those rurals needed to be taught a lesson.

Just before fold of afternoon they announced they had reached their verdict. Their spokesman declared in sombre tones they had found the accused guilty of Intentional Assault, but with an air of some leniency the recommendation was not imprisonment but a fine-deterrent. The judge announced he could see no reason to ask the jury to reconsider, and the matter was settled. The accused paled and slumped. His Appointee somewhat deflated but resigned to events thanked the judge and jury for their leniency and swiftly left his client to his fate.   

 

As was the custom, the jurors waited to be officially dismissed and thanked by the judge. He seemed delayed but the Prosecutor approached them, and they wondered was compliments he might impart. His two assistants, or escorts waited at the door

‘Thank you gentlemen,’ he began which put them at their ease ‘If you would not mind being seated, there are matters I would like to discuss,’

The reaction was divided, interest, anticipation of compliments. And some unease. They sat though. One juror could not but help look at the two by the door, previously they had been barely noticeable. The Prosecutor continued.

‘This was a most swift and easy case to manage. According to court records this is common in Hastley, three days maximum, this case was all over before the Fold,’

The unease spread, one juror had the unpleasant sensation of flitting empathy with the accused. The Prosecutor continued, referring to his notes.

‘No representations made by any of you for clarification of any of my statements. Particularly when I was leading the victim to reply as I would have wished. He was very pliant. Nor have I encountered a more submissive accused. Mind you, if I had been in his situation with such an Appointee for The Defence I might have given up too. The lad is of a local family is he not? One reliant on the goodwill of the society of the town for its custom, he for his career,’ The Prosecutor sniffed ‘Such as it is. The judge you might have noticed was passive to the point of somnambulism. The whole question of accidental, albeit ill-tempered collision was not even touched upon, even though I left opportunities,’ by now the jury was as one agitated, more than one looked to the door, one of the assistants now looked quite military in his stance. ‘And your time spent deliberating was indeed very, very swift,’

Some mouths worked, and excuses or defences were forming but the very slow judgemental shake of The Prosecutor’s head stilled the words. When he turned to the middle-aged, now frowning assistant, there was a positive huddling of the jury.

‘Captain,’ The Prosecutor said to the man, by way of deferential invitation and stood to one side. ‘Detrant of the Imperial LifeGuard,’ he added.

LifeGuard they all thought ?The fellow was in civilian clothes?  Unease turning to fear.

When he spoke it was in a soft, unhurried voice.

‘Thank you Prosecutor for you assistance, guidance and summary,’ and drawing up a chair he sat facing them, closely ‘Now as we know biased court proceedings are regrettably common occurrences, Justice cannot be everywhere, sadly. Some however warrant attention. Particularly in locations of sensitivity. As you know there is ill-feeling within the rural locality. This if given enough fuel would lead to instability and of course it is the duty of every citizen of the empire to preserve, Stability,’

Mouths were dry, hands in counterpoint clammy. Heresy, Whychery and Treachery were bad enough charges. But far worse was Detrimental to Imperial Stability and by The LifeGuard. Terror stilled their voices.

‘As local men of character and standing, it would be expected you would be holdened to this, and wary of any precipitate act which could inflame an already troubled situation between Town and Country,’ now he shook his head ‘And this trial’s proceedings could be seen as precipitate’ he shrugged ‘In addition to blatantly biased,’ he nodded to the Prosecutor ‘As this Official of the Prince has demonstrated,’

At this stage there might have been some outbursts of splutterings, save the jury had noticed the other man at the door, now stood with loaded crossbow, and a sword at his side. Never mind the ‘How’

‘You are fortunate the Prince’s Offices have been alert and observant to certain mischiefs and their authors, your Prince values his loyalty to the Empire. There is evidence of intention to use the bias of this court to ferment violence which parties would take advantage. The loss of the accused’s slender property through this fine being the possible match to the pyre,’

Three other men entered behind the one at the door, they were armed too, the ‘Captain’ continued in his calm voice.

‘You will be questioned gentlemen, at some length to ascertain the depth of your involvement, either by intent, incompetence or simple prejudice. Thank you Prosecutor,’

 

The Prosecutor left, quickly. His part in these proceedings was complete. It was not for him to ask any more. Just wait instructions.

In time he might well be prosecuting these men. Or the judge. Or anyone here.

Stability was the final jury. Stay on its side.      

Oh Enigma, that is Word Press

Williamterriss7

We all encounter many and varied mysteries in our lives. Some astound, others captivate, there are those we will learn to understand, and there are those which will forever remain within the unfathomable realm of The Unknowable.

Such as.

Why….

worried-man

When on Word Press I go to a frequently visited blog, and on encountering a comment I agree with,

Is it the case….

I must sometimes, not always, but sometimes press ‘Like’ four times (not two, or three, but Four), which redirects me to the top of the post, then insisting I scroll down the Comments again to find the one I can enter as ‘Like’ (d)

shy-man-party

?

I find it a measure annoying….

Impatient fellow……

that this topic gets to share space in The Unknowable  with the more interesting subjects of Time, Quantum Physics and the Nature of The Cosmos.

American Gun Crime -When Stats No Longer Cover It

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Pity help us but here’s a lot of killing going on in the world, most of it to do with wars and inter-communal violence.  The USA however seems to be particularly afflicted with random civilian on civilian gun death. Anyone who reads this post will already be familiar with the statistics so let’s not dwell on those. Let’s consider the avoidable tragedy and random mass killings.

I was going to attempt a socio-analytical overview of an opinion as to why this is happening, but the images of more death innocents who were not protected by large numbers of their gun owning community as the NRA would have you believe should be the case just made that difficult. Instead something else, deeper took hold:

Playwright Alan Plater and folk singer Alex Glasgow collaborated on a play (well more like a review) titled ‘Close The Coal House Door’. With dialogue and songs it was a bitter reflection on the historical lot of the Coal Miner and those Communities. This was produced in the 1960s and in an era when coal mining in the UK has been industrially sanitised is dated. But not the following song which although sung wistfully is filled with anger at a situation that has gone on too long. 

Lyrics: (Because it’s sung in dialect) (I hope this links works for folk outside of the UK)

Close the coalhouse door, lad
There’s blood inside
Blood from broken hands and feet
Blood that’s dried of pitblack meat
Blood from hearts that know no beat
Close the coalhouse door, lad
There’s blood inside


Close the coalhouse door, lad
There’s bones inside
Mangled, splintered piles of bones
Buried ‘neath a mile of stones
Not a soul to hear the groans
Close the coalhouse door, lad
There’s bones inside


Close the coalhouse door, lad
There’s bairns* inside
Bairns that had no time to hide
Bairns who saw the blackness slide
Bairns beneath the mountainside**
Close the coalhouse door, lad
There’s bairns inside


Close the coalhouse door, lad
And stay outside
Geordie’s* **standing at the dole****
And Mrs Jackson like a fool
Complains about the price of coal
Close the coalhouse door, lad
There’s blood inside
There’s bones inside
There’s bairns inside
So stay outside

*Scots and N.E. English word for babies or young children

**These lines reference the Aberfan Disaster of 1966 when an avalanche of pit slurry engulfed a school and houses killing 116 children and 28 adults

*** Dialect used and generic name for inhabitants of parts of N.E England- a region with a history of coal mining  

**** General UK slang word for Social Security payments for the unemployed. and offices where it was paid.

This theme of almost helpless anger struck me as applicable to the current slaughter by American gun-crime. So I adapted it as follows:

Clean up that gun friend
There’s blood inside
Blood from innocents cut down
Blood coughed out in a dying sound
Blood that stains more than ground
Clean up that gun friend
There’s blood inside.


Attend to your trigger housings, folk
In case there’s rust inside
Rust from tears in anguish shed
By Families of the innocent dead
Tired of cheap excuses said
Attention to your trigger housings, folk
In case there’s rust inside


Careful with the breech, you
There’re ghosts inside
Ghosts of kids Life just begun
Sacrificed on the bloody altar of the gun
Kids lost to the warmth of the sun
Careful with the breech, you
There’re ghosts inside


So wary of your gun friend
There’re lies inside
While the killing, it persists
Politicians with snake oil conspiracists
Talk about phantom socialists
So wary of that gun friend
There’s blood inside
There’re tears inside
There’re ghosts inside
There’re lies inside

OK, I’ve said my piece. I let the song do the talking

Ethics? Be Warned. All of Us Will Be Tested.

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Folk who write will at some stage cite ‘The Muse’. According to Ancient Greek literature there were nine of them, each with an allotted art, science or as we would recognise it, genre. In this case, for my defence I will cite that Melpomene the Muse of Tragedy has been, for some time, nagging at me to get this done.

The final push was made by listening to an audio book version of Prompt and Utter Destruction by J. Samuel Walker an historian whose subject matter is the nuclear age. Originally published in 1997, and revised in 2004 this is a work that would be in its inception 30 years old. In this the author manages to accomplish the near impossible of balancing the pros and cons of the US use of atomic weapons on Japan in 1945, while at the same time sewing compelling doubt as to whether the reasons given at the time were wholly valid. He also argues that a proposed invasion of Japan was not ‘a given’ as was D-Day, nor that the projected loss of American lives were actually a set in stone documentation, and finally that the Japanese view within government towards a peace accord was in existence. At this stage I would confess to having used the opposites as concrete evidence why the nuclear bombs were used. The author in his balanced arguments, with no railing or emotive language, no blanket condemning of the USA as the usual source of most evils lead me to believe that all which I judged to be hard fact was not ‘necessarily so’ (as the song goes). That said, having listened and respected the writer’s research and questions I was still left with the feeling of the subject of the Atom Bomb attacks ‘They were still going to happen’ . By then the whole dynamic of American, Soviet and Japanese interactions had reached a critical stage in which amongst the milieu of Human Interactions, Reactions, Anticipations, Suspicions and Motivations made the dropping of the Atom Bombs an inevitability. 

That assertion will strike some folk as outrageous, some others will believe I am ducking an awkward question on account of being locked into a belief. Both reactions are quite acceptable and understandable. My response would be to read or listen to this book, then put yourself in the position of Truman, those around him, those involved in the Manhattan project and those out in the front lines. The qualifier being don’t just drop yourself in there are you are at this moment, imagine you have been in that war-time atmosphere for a long while, you have been living it, every day and night it has been with you, sets backs, costs, pressures, pains. 

And that’s where we stop. For all of this has been an introduction to a thornier topic. Not one where we ask hypothetical questions of historical events which have happened and cannot be erased. Using this measuring stick let us look into the Present and the Future, which is where we dwell and where we have a say in the shaping of, being that say small or even large.   

I am guessing from the politically inclined blogs I subscribe to and the vast majority of replies to those blog posts that most folk involved are of liberal and what you would call tolerant outlooks. They don’t think wars are inevitable, they have a great dislike of privately owned firearms, they believe in the general freedom of adults to associate with other adults in whatever mutually respectful relationships there are, they have no problems with folk of any race, they accept a person’s right to religion, belief system or absence of belief systems, just so long as those do not promote hate or intolerance, they feel the same way about politics. They do have very strong views about those who promote intolerance, lack compassion, and who assume they have a mandate to impose their will on others while being hypocritical about their own ‘rights’. In short the folk ‘around here’ are what I would call ‘The Nice Guys’. Angry, frustrated, incandescent even, but ‘Nice’, because you want all folks, every where just to live unfettered by pressures of hate, intolerance and injustice. Right?

Just suppose then

There is some prominent hatemonger or conspiracy snake oil merchant in town. One who is supporting the very heavy political hitters you loath, this person is one of the rising stars in that movement, and just by some chance, you happen upon the sight of a shooter, obviously intent on targeting that person you hate. So what do you do? You have five seconds. No real time to reflect on the pros and the cons. You do raise an alarm? Try to stop them. Or do you steal away back into the shadows let ‘What will be will be,’ or whatever phrase you think suits your frame of mind. After all you are not actually pulling the trigger, you don’t know the shooter. The target is such a loathsome, you think dangerous person, implicated in such hateful stuff as to be at least complicit in violence. And does not ‘The Good Book’ say ‘Those who live by the sword shall die by the sword’ (or something like that). Do you let the bomb fall?

Here’s another one…

By some chance you find yourself by a couple of degrees of separation in the company of folk whose general views you might share, but you are a bit leery of some of the language, maybe a bit too ‘rich’ for you. Some are talking about meeting violence with violence if necessary and so forth, hoping some figure on the Right gets shot. Someone might in a roundabout way even cite the IRA as an example of what might happen; in a way which suggests they would not mind. It wouldn’t take a security analyst to reckon some of these folk might step beyond just shouting off steam. Would you feel you should notify ‘someone’ or would you just back off, sever all links because you don’t want to get involved, that’s their outlook, not mine. Nothing to do with me. And stifle that mischievous ‘but good luck guys’ 

Turning to something more plausible…

Someone you think as offensive on the Right dies, maybe not in a dramatic way. Perhaps through an accident or ill-health. And  after all that time of witnessing their behaviour which offends you, in that instant you say or think – ‘Yeah. They had it coming. Boo-hoo. Like I cared’. There. That was easy wasn’t it? You didn’t do anything. You are not responsible. You are unsullied. You just spoke your mind, that’s all. Well, yes, you couldn’t help but feel just a little twitch of joy. But that was only natural. Because, after all- they had it coming. Well, yes, that’s fine. Isn’t it?. Let’s move on. And you wish to be spared the hysterical eulogies from their followers or the throw away commentaries from the pundits, etc, etc. 

Be honest dear reader. None of us are saints. None of us come close to ‘Pure of Heart’. We take our stance and we have our views. In the scheme of things we may, have not so much a moral high ground, but have the least worst options in one case which in this mess which is Humanity. We may be on the ‘good’ side, well in The Big Picture of The Welfare of Humanity. We may celebrate a cause. Currently you may be cheering on Ukraine’s stand against Russia. So ask yourself this very hard question. Do I accept the losses of tens of thousand of Russian soldiers as a necessity? You can grieve their deaths of course. You can wish they had not happened. But are you accepting them? And if not, then what do you say to Ukrainians, today?   

Some choices made are so obviously bad, so filled with a hateful or callous vibe they are repellent to most folk. Then there are the rest where the two, maybe three of four or more sides of the argument come into a jarring kaleidoscopic panorama, that if stared at for too long could tip you off of your allegorical feet. Reaction? What sort of Reaction? Constructive Reaction? When does that tip into Destructive Reaction? Then there is No Reaction? Just what does that mean? Apathy? Or quiet acquiescence, soft enough not to give you guilt by association, you hope. Or maybe paralysed by exasperation- that’s a common affliction, maybe the most understandable and acceptable for most folk, of course it may  not be the correct one; there is always the anguished  ‘But. What can I do?‘. Who can claim, tired from their ordinary days, they’ve not gone there? 

Once more this is not the place where I present you with a tidy Ethical Solution to fit all situations.  After all, this post is about Human Nature. Just when was that ever straight forward, neat, simple to package up in a snappy paragraph?

When faced with various levels and themes of Human Disputes, Transgressions and Conflicts, the individual rarely has the same measure of response based on one Ethical Stance, because in addition Emotions play a part and they will be a variable. Yours might be the correct one at the correct time, the unstable place where your previous views of Right and Wrong just do not seem to suit. Your choice. Your reaction. This is not History where you have the opportunity to sift the evidence of what had been and you have no responsibility in the participation. This is happening now, or will happen.

And here I conclude.

Sorry that I have no neat answers or a tidy ending. 

Oh, just one last thought hit me. 

Watch out for those Inevitabilities, they sneak up on you.