Both are now being undermined by the subversive power of some
governments and the pervasive influence of the social media at a speed which is
comparable with the devastation of the rain forests.
In
August the British criminal justice system was almost brought to a standstill by a strike of barristers who claimed to have reached
a crisis point of protest caused by the austerity measure imposed by successive
Tory governments. These included the
sacking of judges, magistrates and specialist staff and the sale of nearly one
half of decrepit court buildings without any expenditure being envisaged for
the construction of modern replacements or the improvement of old. Inevitably this has
resulted in a huge back-log of cases with defendants being kept indefinitely in
custody and the unavailability of
witnesses due to death, illness or emigration . There has been no review of fees paid to
lawyers for at least a decade and now, in 2022, cuts are proposed as part
of Trussian policies for economic
austerity
By
contrast , justice in the Civil Division is booming with many Queen´s Counsel
earning huge fees for appearing on
behalf of the elite in cases ranging from messy celebrity divorces to battles
between rival foreign oligarchs .
Things
are worse in the U.S.A. The Supreme Court of Justice is controlled by four
Republican appointed judges whose
opinions have been based on views to the hard right of politics ; even though the Democrats have won the
popular vote in seven out of eight past presidential elections. Because of the restrictions imposed by the
Covid-19 epidemic the court building has been closed to the public so
proceedings have effectively been held in camera. Since early May, when a draft of the opinion
that over-ruled the controversial Roe v Wade decision was leaked, the ultimate
home of American Justice has been surrounded by a high wire fence with separate
entrances for judges , lawyers and accused guarded by a specially selected
security force . For inexplicable
reasons, the justices have stopped announcing their judgements from the bench
which are now delivered in digital form.
Thus the traditional freedom of expression by minority judges, defence
lawyers and accused and the questioning of sentences is now denied.
In
Portugal, the justice system has long
been criticised for its interminable delays and the cloak of secrecy which
conceals procedural irregularities. Low
wages and poor working conditions have caused trained staff to strike or “go
slow”. But more disturbing has been the
suspension or arrest of magistrates who have been accused of participating in
the same crimes of corruption and
economic fraud which they are supposed to be investigating. To what extent this has existed and to what
degree have accused persons been wrongfully convicted will never been known
because the obstacles built into the system are so many.
More importantly, there hangs over the globalised
legal framework the impending transition to much of the clerical and
investigative work being given over to robots using Artificial Intelligence
(AI) . Recently the lead in such an
application has been taken by the Chinese who have used a basic track and trace
method to analyse the data given by epidemic victims and this will soon be
extended to the management of legal proceedings. From the U.S. come reports of passengers
at airports being asked to temporarily surrender their i-phones the contents of which are then clandestinely up-loaded to “cloud security” for later analysis by FBI
trained AI robots. Progress in surveillance is astounding and one may reasonably expect
that quite soon court judgements and sentencing will largely be digitalised. Will
this be transparent and just ? That
will very much depend on the mood and mode of whoever sets the program.
by email, Roberto
Cavaleiro,Tomar