I generally ignore most legal 'trends' (as actually practising lawyers tend to) but note two strong claims in 2021:

A/ 'Believe Victims'.

B/ 'Abolish prisons & a criminal justice that incarcerates innocent people on racist (etc) premises'.

You can have A or B but not both.
Judges, prosecutors, public defenders, etal, all have their own personal views, but that all goes to one side & cases turn on the evidence and whether the evidence supports the case that is being made. Especially in a criminal trial.
We are all (yes, even people you do not like) are presumed innocent (both in and out of a court) until we are found guilty of all elements of a specific crime beyond a reasonable doubt - by either a judge sitting alone or a judge with a jury - based upon *the evidence*.
There is either evidence to support a criminal allegation or there is not. Do not either believe all complainants or believe the system is rigged. Accept/reject evidence admitted under rules & in a trial that you would accept as fair if you were an accused. You may one day be.
While I am very attracted to the Roman Law tradition of the investigating and inquisitorial Magistrate, I am not sure most people in Common Law jurisdictions who complain about police, trials etal would want themselves or a family member put through it. Caveat (in every sense).

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More from @GrayConnolly

19 Mar
Have been watching The Baader Meinhof Complex (imagine German Boomers reliving their youth) and, so far, the main takeaway is BMWs were much more reliable getaway vehicles in the 1970s. Also everyone - male or female - looked like Joachim Low for some reason.
One curious aspect of The Baader Meinhof Complex is that, bourgeois poseurs thought they all were ('nein' working class heroes here), they were actually trying to be urban guerillas in a way that the Antifa types would like to be but lack the fortitude for "the struggle"
In a globalised world where everyone's crisis is, apparently, yours, it was noticeable in The Baader Meinhof Complex (as with the real life Red Army Faction) just how much esoteric (for them) Vietnam and Arab-Israeli conflicts drove these young Germans.
Read 4 tweets
1 Mar
Anyone doubting the rule of law - and the integrity of police investigations and prosecutorial discretions - is in for a torrid future should see today's unceasing media push for, in effect, prime ministers & premiers to become involved in and direct police investigations. Crazy.
I, for one, am sure the same media that believes Cardinal Pell 'got off on a technicality' - when his appeal was allowed, his convictions quashed & judgments of acquittal entered by a unanimous High Court - will treat these allegations of grave crimes in a sensible & calm manner.
The deafening silence of our very online and opinionated lawyer soviet - who have all kept quiet or ridden the digital herd, thinking this will never happen to them or their clients - is noted. Absolutely appalling.
Read 5 tweets
16 Feb
Good morning all on this Ash Wednesday & the beginning of Lent
There is no doctrine in Catholicism that one “logs off” for Lent. That is abandoning the lay faithful & those whose salvation may depend on your periodically sound content. Reasonably sure Pius IX said always to post through Lent - indeed post through all of life’s travails
“Never stop posting - never log off, and remember that Purgatory involves a thorough review of all your bad content” ~ Clovis, ‘Against The Republic’ (date unknown)
Read 5 tweets
15 Feb
Is there a *non-political* short explainer of why Victoria's Dept of Health cannot do (in terms of contact tracing etc) what the NSW Dept of Health does, so obviously & unusually well, every day? I just presume these two very large Health Depts regularly talk and exchange notes?
To take politics out, constitutionally, Quarantine is a Commonwealth responsibility (s.51(ix)) and the CTH, in Sydney anyway, used to operate the Quarantine Station at North Head until the mid 1980s. A revived national Quarantine infrastructure will (it seems) be needed.
Actually did a small thread on Quarantine last year fwiw provoked by the idiocies at that time as we were just beginning to deal with Covid. A strict quarantine enforced even against returning Australian soldiers from WW1.

Read 4 tweets
9 Feb
The posturing popinjays of the American legislature - who all ran for their lives & abandoned their positions when the riotous mob came, the Cowards - putting on yet another one of their periodic cases for Monarchy - indeed for an absolutist Monarchy.
As @rohancct sagely noted, the inability of the American republic to cope with elections and their results has pushed the ill-thought out republican cause in the rest of the Anglosphere back, which is a true blessing. These periodic nerdish faux-regicides are worse than any King
The American republic's impeachment amounts to the best legislators literal money can buy sitting in judgment of the man who won the prize they all seek. It is essentially a losers' court & an indicator of deep regret for not having a Monarch, merely a document none of them read.
Read 5 tweets
15 Jan
Noticing this map going around showing the long term impact of Communism on the former East Germany (noticing also there were underground churches in the former DDR as well as an official church in which Angela Merkel's father was a pastor). In the West, the pre-war continues.
Germany's Reformation settlement had, generally, Protestantism strongest in the North & East with Catholicism strongest on the Rhine and in Bavaria. To survive as a large minority, Catholics (of all classes) had their own party (and best art) from 1870s: the Zentrum/Centre Party
In simplex, the electoral history of Germany pre-1933 was the Catholic Centre Party winning the Rhineland & Bavaria versus whoever won periodic battles between the Old Right, Social Democrats, Communists & Nazis.
Read 10 tweets

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