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Fake Law: The Truth About Justice in an Age of Lies

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A lot of us like to think we know our facts when it comes to the law, so we wanted to build this quiz to test any potential legal experts out there on some of the more obscure laws that exist across the globe.” In these blinks, you’ll learn how to separate fact from fiction in legal reporting and discover what English law really says about contentious issues like child welfare, immigration, and personal injury compensation. As you unravel some of the most infamous cases from recent legal history, you’ll gain a deeper understanding of the laws that govern the lives of British citizens, and appreciate why judges make such controversial decisions. Fake Law concludes with suggestions for reform. Many are orthodox: more responsible self-regulation from the press, legal education in schools. Most eye-catching is a call for the Lord Chancellor’s job to revert to that of independent guardian of the constitution, shorn of the base political responsibilities of a Secretary of State. In this guise, the head of the legal system —“a retired judge, perhaps, or legal academic, who views the role as a career pinnacle, rather than a political stepping stone”— would be free to robustly challenge misreporting and populist assaults on the judiciary. An institutional response of some sort seems right, and a judicial or quasi-judicial figure in the vanguard might be effective: for all the impact of fake law and the decline of deference, polls show public trust in judges at close to a record high. If rehabilitation of the Lord Chancellor’s office seems ambitious, the UK Statistics Authority could be a more modest inspiration. Its chair, a respected senior economist, calls out misuse of official data as well as regulating its production.

In the US, 'stand your ground' is a licence to kill any intruder for any reason at all. Or not even an intruder, anyone you reasonably believe intends to harm or kill you. This is the usual police defence when they murder someone or other, especially minorities whom they are always certain were threatening them with (non-existent) guns. New rules introduced in the Bill will ensure consumers can exit subscriptions in a more straightforward, cost effective and timely way. Businesses will also be required to issue a reminder to consumers when a free trial or introductory offer is coming to the end.Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. If we lose judicial independence, we lose the rule of law. The day a judge makes a binding decision affecting the rights and liberties of one of us, not on the legal and factual merits, but with a nervous glance to the press and public galleries, or with a beady eye on political favour or punishment, is the day that the decay in our democracy turns terminal.”

There are a number of misleading opinions which influences the reader towards gaining a bias view on the value of practicing ‘law by public consent’, (e.g.) such as those who wanted to kill the two 10 year old boys when they were found guilty of killing 2 year old James Berger in 1993. Public behaviour was vying for blood. which in part led to two 10 years children being judged in an adult court and not a juvenile court. Blake Morrison wrote in the Independent that James Bulger's murderers must get justice from an adult world. The anger of the adult world towards two 10 year old children reached a frenzied pitch which almost led to a public lynching.But what actually happened? Miller won, the Government conceded, a vote was had in Parliament which went overwhelmingly in favour of Brexit, the courts did not collapse and democracy was not destroyed. A couple of newspapers ran headlines that lawyers didn’t like. It was not the end of civilisation as we know it and nor should the judiciary be, uniquely, exempt from criticism. So why, they ask, are they treated so badly? Starved of cash by the Government, traduced by the press, pilloried for getting the bad guys off, unloved and, in many cases, close to despair. Since most lawyers (certainly the courtroom as opposed to City variety) are sole traders, they are getting hit especially badly by the coronavirus shutdown. But even before pestilence stalked the land they thought they were getting a pretty raw deal. If only someone could articulate their grievances and champion their cause.

The key message here is: Fake law tells us that homeowners defending themselves are treated like criminals. The latest offering from The Secret Barrister – a devastating analysis of the gulf between what we think we know and the reality of how our justice system works – couldn’t be more timely. A subscription trap is where a consumer agrees to a rolling subscription without knowing, or with no option to cancel. They cost consumers more than a billion pounds a year.For instance, this book examines at length the great legal and constitutional battle over Brexit and, inevitably, the dastardly role played by some sections of the press. The “Enemies of the People” headline that appeared in the Daily Mail after the first Miller judgment has gone down in judicial folklore. Nowhere is this more an issue than in the reporting on the law. “Fake Law”, the Secret Barrister writes, “[is the] distortion[s] of legal cases and judgments, spun and reformed for mass consumption.” Bias is implicit in communication, for which some allowances can be made, but a deliberate campaign to present misinformation as truth erodes society. This does perhaps support the SB’s argument that as a nation we do not take the law seriously enough. The Government judged that it could hit the Justice Ministry hard because no one would make too much of a fuss. Indeed, the author’s biggest bugbear is how ministers managed to convince
a compliant press that legal aid
was higher here than anywhere else in the world. The SB is mystified why the defenders of
the people against the powerful often side with the latter when it comes to upholding their rights in tribunals or denying access to justice. He has a point.

Immigration lawyers, as we have seen in just the last couple of weeks, are on the front line of what Fake Law sets up as a titanic clash between runaway authoritarianism and the rule of law. Several of the book’s case studies are immigration-adjacent. Shamima Begum makes an appearance as an example of someone entitled to the benefit of law no matter the state of public opinion. Human rights challenges to deportation are discussed in the context of the equally unpopular Mohammed Ibrahim, a refused asylum seeker who fled the scene of a road traffic accident which killed a 12-year-old girl. The Secret Barrister concedes that the reader might “reasonably disagree” with the judges who decided that Ibrahim could not be deported, but points to vital context lurking beneath the headlines. Ibrahim’s Article 8 right to family life developed during the six years that elapsed between the accident and the Home Office starting deportation proceedings, during which time he fathered or became step-father to several British children and step-children. If we lose judicial independence, we lose the rule of law. The day a judge makes a binding decision affecting the rights and liberties of one of us, not on the legal and factual merits, but with a nervous glance to the press and public galleries or with a beady eye on political favor or punishment is the day that the decay in our democracy turns terminal. This is a look at multiple UK cases which, reading in Australia, are reflected in case within our justice system. Where people surmise the law is clean cut, and did they or didn't they - this book gives all the shades along the spectrum showing why things are not always clear cut. Seriously, please take time out to read/listen to this book. You will understand modern Britain more thoroughly and be able to cut through the chaff of day to day news stories to find what really happened. Years ago, this guy, Tony Martin shot two burglars - as they were running away empty-handed. One died. He got charged with manslaughter and there was an outcry of support for him, he was only defending what was his. He said he had been woken by noises and come downstairs with his 12-bore pump action Winchester shotgun. This actually was half the truth. He had heard noises, by the time the men got in he was fully dressed and waiting in the breakfast room. He shot three times. And he did intend to kill them.The cases in Fake Law provided a whole different perspective on cases with similar presentations but different outcomes. Absolutely fascinating, and along with a few other true crime books I have read lately (including one form a current forensic scientist) I am intrigued by the actualities of the justice system vs the theoretical. I'm fascinated by true crime and legal matters and jumped at the change to request Fake Law through the publisher, who provided me with a free copy to read and review. Deepfakes are a problem for the legal sector in a couple of ways. Firstly, Deepfake technology puts doubt on the use of video evidence in trials. What used to be verifiable proof may no longer be trusted—or perhaps shouldn’t be trusted. If digital sources (which previously held up) may be discredited or at least regarded with some suspicion, then other methods like eyewitness testimonies may have more weight placed upon them.

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