THE LAST DITCH

Many years ago, a driver in Liverpool was plagued by local children who would jump on his truck as he was manoeuvring. He was always chasing them away. One day a boy was clinging to the back when he reversed up to a wall and was crushed and killed. He was a kind man; a loving father and grandfather. He was never able to put the event behind him. Years later when his own son died in tragic circumstances, he said to his wife "this is my fault. It’s a life for a life."

He attended the dead boy’s funeral, running a gauntlet of relatives who spat on him as he walked into the church. I have always thought he showed great nobility that day. An inquest returned a verdict of accidental death. No doubt the grieving family cursed the coroner and jury too. The ignorant have never cared about intent.
They just want vengeance.

Consider this more recent story. A young man was tired, drunk and emotional. Against the protests of his friends, he set out in his car to confront his unfaithful girlfriend. He collided with another car and two small boys died. Clearly his decision to drive while drunk was culpable, but he had no intent to kill. On television last night the mother of the dead boys equated it to "going out with a knife or gun to kill someone", saying "a car is just as deadly as a knife or gun." I am sorry for her loss, but she is no less an idiot for it.

I have no doubt that the young man now facing seven years in prison is consumed with guilt. He will never escape that. It is ridiculous to compare him with a murderer and demand a life sentence – as the boys’ parents are doing, in calling for him to serve "14 years for each boy." Using the now standard cliché of the vengeful bereaved, they claim to be serving a life sentence themselves. As the driver was a minor celebrity in a powerful car, the pungent smell of ripe British envy is mixed into the emotional pot. Ludicrously, the story made the top of the regional TV news last night.

Consider this other story. When she discovered a fire, a woman rushed out into the street to call for help. The door closed behind her and she couldn’t get back in. She cried helplessly as her two little boys burned to death inside. All attempts to break into the house to save them failed. She has now been arrested and may be charged with manslaughter. Two innocents have died and the ignorant demand that someone be blamed. They want vengeance, punishment – as though a mother’s loss is not already a punishment too great to bear.

I am sure she blames herself for not grabbing the children as she ran out. Perhaps she was under the influence of drink or drugs. I do not know the facts and accept that she may be culpable in a number of ways, but that is not my point. Unless (as no-one suggests) she intended to kill them or was reckless as to whether they lived or died, she should not be criminally responsible for the deaths. Her criminal liability for anything she did that was wrong should not be increased by reason of the unintended deaths. Similarly, the young man’s punishment for drink-driving or reckless driving should be the same as if the children had not died (not to mention the same is if he were not a footballer and not driving a Range Rover). The offence of causing death by dangerous driving should simply not exist.

There have always been ignorant, vengeful people. When did we start to listen to them? When did politicians decide that it was right to throw innocents to the mob in return for votes? Democracy is not a means of deciding what is right or wrong. It is only a way of selecting legislators who – within the legitimate scope of government authority – set out fair rules. Once those legislators sell themselves, we are none of us safe.

The kindest utterance in the English language is "There, but for the grace of God, go I." It is far too rarely heard in modern Britain.

13 responses to “A toxic culture of blame”

  1. ADC Avatar
    ADC

    Good afternoon,
    A fellow ex-pat here – often a viewer but, to date, not a commentator.
    I agree wholeheartedly with the final paragraph of your piece. Furthermore, I think that you raise interesting points regarding a) the (negative) effect of a blame culture on legislation and policy making; and b) the curtain-twitching prejudice and snobbery which accompanies the fall from grace of anyone even remotely famous nowadays. I recall that a great deal was made about the value of Lee Hughes’ Mercedes SL when he was involved in the accident that caused his recent imprisonment.
    You mention recklessness in your post, and it’s the concept of recklessness which means that I can’t agree with your conclusion that “The offence of causing death by dangerous driving should simply not exist”, or the implication that the unfortunate examples you use in your piece fall within the same legal or logical bracket. Every road user owes a duty of care to those whom he or she can reasonably forsee as being with harm’s way. A road user who is drunk or otherwise self-impaired (or for that matter, a road user who drives at an obscene speed) shows a level of disregard for the duty he or she owes to other road users which is – surely – so negligent as to be criminal, regardless of the mens rea.
    On the other hand, I’d be very surprised if the CPS found that the poor mother to whose story you link was criminally negligent (though of course there will be an investigation, and I think that’s all the story you link to is saying). This is a little from the gut but if I verse her predicament in negligence terms, I’d draw an analogy to the duty of care owed by surgeons to their patients: my understanding of the law, such as it is, is that if a surgeon can show that other surgeons would have acted in the same way as him or her in performing a particular procedure, then he or she cannot be held to be negligent in relation to the consequences of that procedure. In the same way – and this is your “there but for the grace” etc point – since one woman cannot carry 5 children I cannot imagine in the same situation that another parent would not have run for help, his or her blind panic causing a failure to remember the safety catch on the front door. As I said, from the gut.
    Kind regards,
    ADC

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  2. Guthrum Avatar
    Guthrum

    The mob is always to be feared, the mob is irrational and acts on the lowest common denominator that of fear. I have no doubt that politicians know this and will pass any form of repressive Law with the excuse it is for our security.
    I sincerely cannot think of one politician in the current House of Commons I would call a Statesman. That is why if our politicians do not understand what the country stands for Liberty and the Rule of Law- we must have a written constitution and a Bill of Rights to remind them

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  3. Max Avatar
    Max

    Tom
    (Yet) another expat commenting for the first time!
    On the third story, all I would say is that I suspect few of the facts have yet been disclosed. Looking at the picture of the house, there are two large windows at ground level either side of the front door. There isn’t a mother I have known that wouldn’t have smashed one of those out within seconds and safely stepped back into the house the second she realised the front door had closed behind her. Something is seriously amiss. Even in these “arrest the victim” times we live in, I would be surprised if the police, having investigated the scene, would ever charge a parent with such a serious crime unless there was other compelling evidence to hand (accelerant, locked cupboard etc). All I would suggest is hold back on this one until we know a little more.
    As for the footballer, the witnesses at the trial gave graphic accounts of how they were nearly killed by this lunatic before he hit the poor family. He is lucky to get away with 7 years, and of course he will be out in less than 30 months. Driving while angry and drunk is no less dangerous than randomly firing off a loaded gun in the same condition: do either, kill someone and you should expect a long prison spell.

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  4. Kinderling Avatar

    The UK Socialist government have encouraged scapegoating – for it is their deployment of this dehumanising weapon to distract from those who really are the guilty perpetrators of injustice and in turn corrupt those who allow themselves to partake in the sactioned and permissible human-abuse.
    Thus Paedophiles are deliberately early-released and targetted in society, freed to roams the streets, to satisfy the blood-lust distraction to allow government perverts and feminists to legislate further away the freedom of those who wish to live by conscience.
    What murder-in-the-mind does to every person is change their mindset. Paedophiles are people… and all homosexuals are paedophiles because they were all violated as children, an identity was spawned, and all violated people must return to the scene of the trauma to find closure. This is natural healing, and should be done with a therapist. But on their own, or with each other they find new child victims and support groups.
    So condemn a “Paedophile” you condemn yourself. You who judge Paul Gadd will allow this free man to be restrained by the government. And they will come for you next.
    Paul is mentally ill, but you cannot see that in his contourted face. You neither can see it in George Michael’s. One is bad the other good you say.
    To encourage people to kill in their hearts turns them into doubtful confused followers of the creed: ‘he who casts the first stone must be free of sin’. To paralyse them. For good men will do nothing. Those people are now sheeple, and another paedophile stands aloft in a Mitre as their head.
    Oxfam is one of so many taken-over charity organisation taken over who actually make suffering in the world worse. Their communism to “…do amazing things to fight the injustice of poverty”. Poverty have never been unjust. It is a symptom of failure. Replacing poverty with surplus only creates a by far, far greater famine.
    The UK’s famine, from top to mortgage-borrower, is a moral one. And the blame is you did what you shouldn’t have done, but sent to damnation someone else.

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  5. JuliaM Avatar

    “Using the now standard cliché of the vengeful bereaved, they claim to be serving a life sentence themselves. “
    And is that not literally true? And all because a stupid, impulsive, care-nothing-for-others young man decided that his ‘right’ to get in his car regardless of his state at the time superceded any laws, or the rights of any other road users.

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  6. Diogenes Avatar
    Diogenes

    Quite so. And when we have locked up all the stupid, impulsive, careless young men maybe we can get started on the violent criminals.

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  7. JuliaM Avatar

    I don’t see why it’s an ‘either/or’ proposition, frankly. I’m sure we can do both
    The harm they do is identical.

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  8. jameshigham Avatar

    “There, but for the grace of God, go I.”
    One I’ve used several times in the last week.

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  9.  Avatar
    Anonymous

    Nicely put, and I agree with most of the sentiments, but you have misused the word democracy to denote something it is not:
    “Democracy . . . is only a way of selecting legislators who – within the legitimate scope of government authority – set out fair rules.”
    That is not democracy at all. That describes popular elections and oligarchy.
    “Once those legislators sell themselves, we are none of us safe.”
    Sell themselves to popular or majoritarian sentiments? But that’s more democratic! If the majority wish for drunk-drivers to be shot, then it is democratic for the government to have them shot. Your liberal sentiments may be appalled, but those are liberal sentiments, not democratic ones.

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  10. Deogolwulf Avatar

    Oops. (That is my comment above.) I forgot to enter my name.

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  11. Tom Paine Avatar

    Thank you for all the interesting comments, most of which get my point. JuliaM’s don’t, of course, but she does neatly illustrate it. If punishment should be the same, when “the harm” is the same, then the stupidity and thoughtlessness of a father recently sentenced for manslaughter after his child died in a quad biking accident is the moral equivalent of the malice aforethought of the chap recently convicted of murdering and eating his boyfriend.
    A wretched father who screwed up is not as bad as a deliberate killer, Julia, though the harm he caused was the same. His intent mattered. It really did.
    I honestly don’t think that the fear of punishment would have prevented his stupid actions on that terrible day, if the far worse risk of losing his child didn’t. You could punish me any way you liked if it would save my child from such a fate. I bet he feels the same, poor guy. Personally, I don’t think he should have pleaded guilty. Sadly, probably consumed by self-loathing, he did. I can’t believe a jury would have convicted him, but it’s too late now.
    And no, the vengeful bereaved are not “serving a life sentence”, not even figuratively. You might like to look up the word “literally” by the way, before you use it again.

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  12. JuliaM Avatar

    “A wretched father who screwed up is not as bad as a deliberate killer, Julia…”
    I’m not arguing that he is. I’m just saying that his punishment shouldn’t be lesser because of it. Do you think he deserved to walk free?
    “I honestly don’t think that the fear of punishment would have prevented his stupid actions on that terrible day…”
    But they might deter others.
    “And no, the vengeful bereaved are not “serving a life sentence”, not even figuratively…”
    Actually, yes, they are. They are facing a life sentence without their loved one(s), due to the carelessness and selfishness of someone else. So my ‘literally’ was used appropriately.
    Of course, this fine chap agrees with you on the subject of grieving relatives. They do make his court such a depressing place, insisting as they do on some justice for their loss. The cheek of such people…

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  13. Tom Paine Avatar

    Julia, a life sentence is a specific punishment imposed by the courts and served in a jail. You are using “life sentence” figuratively, not literally. You are using life sentence as a metaphor for a lifetime of suffering. But we must not bore the virtual passers-by with our linguistic quibbles. Your misuse of “literally” is so common as to be unstoppable, probably.
    The concept of criminal justice was invented, so the legal historians tell us, to REPLACE vengeance not to nationalise it. If you really believe that the punishment should match the consequence, regardless of intent, then the gentleman in my first story in the post should have served a life sentence for unintentionally killing a child. That would be horribly unjust, however much the vengeful relatives might have liked it. In your terms, his family would (figuratively) have served a life sentence with him. He was the proximate cause of death, but he was not criminally liable.
    Of course I do not say that the young man in the second story should not have been punished. I said his actions were culpable. I merely said (a) that the deaths were not intended and that he should be punished for what he meant to do, not for the unintended outcome and (b) that the family’s demands as to his punishment were unjust.

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Tom is a retired international lawyer. He was a partner in a City of London law firm and spent almost twenty years abroad serving clients from all over the world.

Returning to London on retirement in 2011, he was dismayed to discover how much liberty had been lost in the UK while he was away.

He’s a classical liberal (libertarian, if you must) who, like his illustrious namesake, considers that

“…government even in its best state is but a necessary evil; in its worst state an intolerable one.”

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