This is a story from the British courts (back in 2005), it should concern us all however. It is not particularly about the rights and wrongs of cannabis, it is about the exculsion of compassion and common sense from the legal process. When the law is managed by bureaucrats we will soon lose our freedoms. I update because only last week a similar case came before a US court, with a similarly bureaucratic and compassionless outcome.
Sixty - Eight year old Patricia Tabram of Hemshaugh, Northumbria was convicted at Carlisle Crown Court yesterday of possessing cannabis. She had admitted growing three plants in her wardrobe for self medication purposes. Mrs Tabram, who suffers from depression and arthritis mixes the dried, ground laves with various foods to lift her depression and give her respite from the chronic pain in her joints. She claims cannabis it the only therapy which works on her symptoms without causing debilitating side effects. A cup of hot chocolate containing a little cannabis gives her five hours relief from pain, the court was told.
Now this person who does not have much quality of life left nor much to look forward to in her remaining years is faced with the prospect of having to do 250 hours community service (with crippling arthritis, yeah right!) and pay £1000 legal costs. Because of the conviction her home in a sheltered unit provided by a Housing Association is also at risk.
In passing sentence Judge Barbara Forrester said she understood Mrs. Tabram only used the drug for self medication and had no intent to supply others but the law limited the scope for leniency.
It has always been a principle of Western justice since the Ancient Greeks gave us the basis of our civilisation (though it is too rarely observed in recent centuries when vengeance and retribution seem to be the only principles that matter) that justice should be tempered with compassion. If ever there was a case for a judge set a precedent in the interests of justice this was it.
Sadly, under the bureaucratic dictatorship that economic liberalism has imposed on us in the past three decades, common sense is always overridden by rules and regulations. Judges seem ever more reluctant to give verdicts that challenge a bad law because the government, which is jealous of the power of an independent judiciary, may use it as an excuse to further undermine that independence. This has led to many deplorable decisions by the dispensers of justice.
Another social commentator at an American website wrote last week of a "social recession" in the free world. It is hardly surprising. When those with the authority to do so are afraid to challenge bad laws, respect for the law breaks down. And when respect for the law breaks down we cease to be a society and become a rat pack.
Ian Thorpe at Authorsden
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