Pressing matters
How do you plead?
In 1720, two highwaymen, William Spiggot and Thomas Phillips, were tried, but refused to plead and were tortured by pressing until they begged to plead. The book asks whether even highwaymen have rights.
I think they ought to have rights because otherwise the legal process becomes arbitrary. There might be so many witnesses to the crime that there can be no question that the accused did the deed, but that doesn’t mean they should go straight to DVD without doing the stage play. Nor should someone who’s innocent expect the process to be any different.
But this consistent application of the law seems to have been forgotten under the regime which governed the States until recently. Yes, terrorists are bad, but how are they actually worse than any of the worst home-grown villains in the States?
I don’t know what happens when someone wilfully doesn’t plead these days. I assume that the trial proceeds regardless. Obviously in the early 18th century, the accused had to plead or the trial, it seems, couldn’t take place. The irony is that prisoners could be tortured into pleading as if a trial would be unfair. According to the book, in 1772 it was determined that anyone who didn’t plead should be deemed guilty as if convicted by a jury.
I think they ought to have rights because otherwise the legal process becomes arbitrary. There might be so many witnesses to the crime that there can be no question that the accused did the deed, but that doesn’t mean they should go straight to DVD without doing the stage play. Nor should someone who’s innocent expect the process to be any different.
But this consistent application of the law seems to have been forgotten under the regime which governed the States until recently. Yes, terrorists are bad, but how are they actually worse than any of the worst home-grown villains in the States?
I don’t know what happens when someone wilfully doesn’t plead these days. I assume that the trial proceeds regardless. Obviously in the early 18th century, the accused had to plead or the trial, it seems, couldn’t take place. The irony is that prisoners could be tortured into pleading as if a trial would be unfair. According to the book, in 1772 it was determined that anyone who didn’t plead should be deemed guilty as if convicted by a jury.
Tomorrow it’s the blame game. I blame…
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