wh00ps has written a post, complete with picture of the story in the newspaper, about the trial of 4 men accused of an armed robbery at Heathrow, now to take place without a jury.
It made me wonder, for all that trial by jury has been a part of the British polity for centuries, why we use juries in trials at all. And came up with this:
The state acts as the arbiter of justice on behalf of its citizens; everything the state does, legally, is in the name of and as a proxy for the citizenry of that state. In order to preserve this legal idea, legal responsibility and, if necessary, restitution, must be decided on by some representative group of citizens (a jury), who provide the consent of the citizens in general to the courts decision, and legitimise the action of the state on their behalf.
This development – trial without jury – turns its back on the concept that the state is acting as proxy for the citizens. It undermines and even denies the idea that it is the people who are sovereign, who direct the actions of the state, and who give their consent to those actions through representative groups.
This is the state assuming ultimate authority; this is one of the state’s great ‘Fuck you’s to the people of Britain. It is now acting without your consent; it has deemed your consent unnecessary. It has denied you an election, it has denied you the chance to be the arbiter of your representatives’ behaviour, and now it is denying you representation at all. The laws of this country are no longer made according to the will of the people; the courts will now no longer operate according to the will of the people; the State is all – your consent is unnecessary – your sovereignty has ceased to exist – you do not govern yourselves – this is not a democracy. The State is separate from and superior to you, and the consent of the governed to be governed is no longer required.
You have given away your collective power, and now the State sits in judgment of you, not your fellow citizens.
I would say you have allowed this to happen without a murmur, except that I’m sure everyone who reads this blog has been murmuring, asserting, shouting, and screaming it to the skies for some time now. It is everyone else, who goes about his or her daily life without any thought or care of being the servant instead of the master, who should be ashamed today.