Tuesday 6 May 2014

Presumption of guilt and disproportionate punishment

According to the Guardian last Saturday, someone nearly ended up with a criminal record over accidentally paying 55p too little for a train fare.

Here's the article.

None of this is particularly new. Stories like this about railway companies are fairly common. But get a load of the comments after the article...

A good proportion of them assume intent (and therefore guilt) - and some of them go on to assume that this person has been doing it for a prolongued period of time and, clearly, would have continued to defraud the railways if they hadn't been caught. All those 55ps can add up, you know.

I didn't reach that conclusion myself. But, hey, we're all entitled to our own opinions.

It reminds me of my jury service

No, officer, stand down, there's no need to arrest me for contempt of court. Nothing I have written or am about to write concerns what happened in the courtroom or in the jury-room.

Before I turned up on my first day, a line from some comedy (don't ask me which one) went through my head. "If he's not guilty of that, then he's probably guilty of something else so stick him in prison anyway."

That is, naturally, not the way I behaved. I believe I served the judicial process to the best of my ability and blah blah blah (insert whatever else it is one is supposed to write about the whole business).

Back to trains

Many years ago, I regularly bought a season ticket for my train journey to work. Normally they lasted for a month. That's a calendar month. (Is there another sort?)

If the ticket was due to expire on a Friday and I was certain I wouldn't need to travel over the weekend, I'd ask for the next ticket to begin on the Monday. Maybe the two days would be more useful at the other end of the month.

One time, despite clearly asking for this, the man at the ticket office issued a ticket which started the next day. In other words, he accidentally deprived me of two potential days of travel bliss. At the time it was probably worth about £15.

I pointed that out to him. He refused to change it.

Goodness me, we're down the rabbit hole now. It's moved from accidental to deliberate. This man is in a whole different league from the 55p traveller.

I was young, I was in a hurry, I thought I probably wouldn't use the two days at the other end of the month either - to be honest, I can't remember why I didn't insist. Maybe life just felt too short. Anyway, he finally grudgingly offered me a concession.

He took out his biro and wrote "ADD TWO DAYS. STAN." on the back. (His name wasn't Stan but, for some reason, I'm allowing him a pseudonym. Maybe I'm afraid of being sued for libel, bearing in mind the legal fees, removal of any meaningful form of legal aid, etc.)

I didn't try to use this as a rail ticket beyond the printed date. I think we can guess what would have happened.

But if you decide to give it a go (and I'M NOT SAYING YOU SHOULD OR THAT IT'S A GOOD IDEA OR THAT STAN IS THE RIGHT NAME), try writing something like that on the back of your ticket. Let us know how you get on.

Let the punishment dramatically exceed the severity of the crime

The 55p person was allowed the generous settlement of £31 to make the whole sordid business go away. The punishment, in other words, was about sixty times the size of the accidental shortfall.

Bearing that in mind, my railway company should pay me £900.

Hey, First Capital Connect - how about it?

In Roman times, the story goes that if anyone in the empire killed a Roman citizen, ten people from the local village would be executed. (They probably would have said that making it 60 would have been unreasonable.) As far as disproportionate punishments go, even a low factor of 10 is pretty good and would certainly discourage people from attacking anyone who looked like they might wear a toga at home.

(I should point out that I learned that from an episode of the West Wing so it might not be entirely historically accurate. But the principle stands.)

Perhaps we could have a less proportionate system of retribution built into the justice system. Stayed five minutes too long in a parking bay? Have a £120 fine for non-payment of £4.

Oh. Seems it's already happening.

Staying with motoring, how about... Been driving at 75mph in a 70mph zone? Well, 5x60=300 so we'll fire you out of a cannon at 375mph and see how you like it.

Sorry - was that silly? Sillier than messing up someone's entire life with a criminal record over a debt of 55p?

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