Justice, the Law and Society
Group Name: Justice, the Law and Society
Group size: 12-15
Subject areas: Sociology, law, humanities
Frequency: Monthly (90 minutes)
Group type: Discussion
Resources: Prepared topic notes and Youtube video clips
The purpose of the group
To introduce a variety of aspects of law and processes of justice, with the opportunity to discuss these alongside current case studies highlighting how the law works. All topics are presented from a compassionate and contemporary standpoint, with a focus on exploring whether our justice system is working in a fair and progressive way for the 21st century.
How this group operates
A single leader preparing each monthly topic’s context information. Although it isn’t necessary to be/or have been a law professional, a good overview of the UK justice system will be needed to be able to correctly present the topics and to answer queries that arise.
Format
Introduction to the topic for the first 15 – 20 minutes of the meeting, using a combination of Power Point slides with essential information displayed clearly and short video clips (one or two, depending on content and length) that add further context information about the topic. The video clips (average 3 – 7 minutes) are chosen from YouTube.
Then there can be 5 – 10 minutes allotted for some general questions and thoughts from the whole group regarding the topic information presented, before dividing the group into break out rooms of 5 – 6 people in each.
There are discussion pointers sent to members with the Zoom link email, for use during the conversations in the break out rooms, to help steer the discussion, though these do not need to be rigidly adhered to, depending on the contributions and insights by members in the break out room conversations.
The group leader joins each break out room with about 20 minutes spent in each one, to take part in the discussions, and offer any guidance about the topic if needed.
Break out rooms are closed after about 40 minutes, leaving the last 15 minutes for the Group to feedback the main points and conclusions from the break out room discussions.
Sessions
Session 1
Disordered Law
Introduction to the basics of the legal process which includes a quick quiz about our justice system. The session explores whether the UK is delivering justice fairly and in reasonable time.
Questions
- Some trials are waiting for up to 4 years to even get started. What problems can you envisage occurring when justice is operating on these kind of time scales?
- “Friday night violence is the Criminal Barrister’s staple diet.” What did you understand that to mean?
- Should the British justice system be as viewed as important publicly as any other State services
like Education and Health Care?
Session 2
Self Defence
A look at what the law says about self defence. What is ‘reasonable force’ and when are actions beyond the lawful boundaries of self-defence. A case study highlights those boundaries.
Questions
- Self Defence law is calibrated to balance the right to protect yourself, with the need to restrain violence in society. Do you think this balance is achieved?
- How would you interpret 'reasonable force' and 'perceived threat' for yourself in an emergency situation?
- Is there a possibility that self defence laws do not take account of the different physical strength and combat ability between men and women?
Session 3
Trial by Media
A case study of how the media can influence a police investigation
without evidence or accountability for that influence.
Questions
- Discuss ways in which the media could influence the course of justice, including police actions
and public views of both suspects and victims. - The culture of the British press has no real European equivalent. Why do you think that public vilifying has remained a staple element from some of the British media.
- Are there other prominent cases of crime reporting in recent years, that you would consider have been handled without due balance and fairness in the media.
Session 4
Human Rights
Detailing the 16 Human Rights that are part of the European Convention of Human Rights. The UK is a signatory nation to the ECHR. The history of Human Rights and how they protect our everyday lives.
Questions
- What does the term Human Rights mean to you?
- Considering in more detail one particular article from the Human Rights list. What does that particular Human Right represent to you?
- Would you agree that it is necessary to protect citizens with a set of Rights, from the use of arbitrary or oppressive powers by a Government or State Agency.
- How do you think a person might go about making a Human Rights Case?
Session 5
Animal Welfare and Rights
Unlike with humans, animals are unable to speak in court for themselves when they wronged. The session explores what legal protections there are for animals and how are they enforced. A case study of SeaWorld in Orlando, where a legal battle contested their use of Orca’s to perform tricks and stunts for the public.
Questions
- Can the use of animals for our entertainment ever be justified – for example for the purpose of educating people about animals?
- From the Whistleblower video clip about SeaWorld in Orlando, does it appear that the verdict of the legal case was more concerned with protecting trainers, and the business, than the welfare of the
Orcas being used in the shows ? - Do you think there is a better understanding of wildlife now, compared to 50 years ago. Could that have an impact on agreements for future legal protections for animals.
Session 6
Joint Enterprise
Offences may be undertaken with more than one person involved, but the law of Joint Enterprise became controversial in the 1980’s when it was changed to include virtually anyone on the periphery of a crime scene. The change has since been reversed (in 2016) but there are still prisoners who have been unfairly sentenced within the label of ‘guilt by association’.
Questions
- Should there always be fairness in justice, even if a less just or fair law can create an effective
deterrent to offending. - In reference to the 2 cases shown during the meeting do you think the convictions received were appropriate ?
- As the controversial elements of Joint Enterprise law, applied in the 1980’s, has now been reversed since 2016, do you think that all those convicted under the JE law from that time, should have a right to appeal and where necessary their sentences quashed?
- What do you think are the key factors that fuelled the controversies about Joint Enterprise Law?
Session 7
Social Media and the Law
How to make social media platforms safe is an ongoing problem. The foremost issue is the social media companies are protected by the infamous Clause 230 of an American Communications law, meaning they are not responsible for what is posted by a third party on their platforms.
Questions
- Section 230; A necessary clause in law for social media companies to flourish, or a shield that
prevents accountability? What is your initial reaction to Section 230. - Can the ‘market place’ of social media users work out the rules of free speech? Is there any difficulty with a set of laws proscribing what Free Speech is?
- Regarding the potential impact of UK Online Safety Bill 2023, do you think the main issue is solely about the age of a person using a website, App or Social Media platform or is there more to making online use ‘safe’ that should be considered.
- What does it say about the way the internet services including social media platforms are produced and promoted that there needs to be specific sections in the UK Safety Bill codes about protecting women and girls.
Session 8
Restorative Justice
An element of our justice system that does not get enough publicity. Victims of crimes can ask to meet the perpetrator of offences against them, to seek answers, closure and emotional healing from the situation. It can bring surprising, restorative results for both victim and offender.
Questions
- What reasons do you think could be given for why.. (a) A victim requests to meet his/her offender (b) An offender agrees to meet his/her victim.
- Do you find the idea of restoration or forgiveness following incidences of crime, inspiring or challenging ?
- The offender in the Restorative Justice case shown as a video clip, says that the victims, have been the least judgemental towards him. What does this say about our attitudes to judging others without knowing the full circumstances?
- Do you consider that Restorative Justice could be beneficial and make an impact on crime and justice, if it was available more widely in the UK.
Session 9
#MeToo
In 2017 one tweet by an American actress triggered an outpouring, mostly from women, about sexual harassments, assaults and violence they had experienced. It kickstarted a global movement, and influenced changes in the legal landscape of a number of countries, including the UK.
Questions
- What did social media provide #MeToo as a justice movement, that the usual channels for seeking justice had not provided.
- With reference to the video clip shown during meeting, discuss educating young people and children to understand consent.
- The new Workers Protection Amendment to the Equality Act 2010 will obligate all employers to take “all reasonable steps ” to prevent sexual harassment in the workplace. What do you think some of those steps may look like in practice?
Session 10
Miscarriage of Justice
Sometimes a verdict from a trial is wrong and a person is convicted and sentenced for a crime they did not commit. The session looks at the range of reasons why the justice system may go wrong in these cases, and explores the real life consequences for those who have had years of their life unfairly taken from them by the legal process being miscarried.
Questions
- What key factors do you think are likely to be the most important in terms of trials resulting in
miscarriages of justice. - With reference to the video clip interview (shown during meeting) in what ways could evidence
be manipulated or interpreted to ‘fit’ the defendants being prosecuted. - Should juries always be required to reach a unanimous verdict ?
- Who do we believe: HM Courts or the individual?
The shadow of doubt can remain around those wrongfully convicted long after release and
convictions overturned. Why do we tend to believe the institution above the individual?
Session 11
Blame Games and Firearms
A landmark legal case in America in 2023, where for the first time, parents of a teenager who opened fire in a school, killing several of his school mates, were convicted alongside their son for this crime. They had supplied the gun he used and had failed to report his unstable mental health.
Questions
- In regards to Jennifer and James Crumbley, the parents in the Michigan case: Do you agree with the verdicts, that they bear some guilt and therefore responsibility for the deaths of the school students their son killed? Or should the blame lie solely with the person who carried out the shooting?
- Do you think that this case will have any impact on future gun use in America?
- What would you say are the boundaries of any parental responsibility for their child's behaviour?
Session 12
A round up of the year of laws
To finish the year, a look at a few laws passed or updated during the year and a round up of the topics discussed during Year 1 of the JLS group.
Discussion is left open to allow for further exploration.