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Monday, January 22, 2018

The Laws Are Different - Check Them

Problem
I was reading about accusations, apologies, pleading guilty and court cases in America.

In one case somebody says, 'All I want is an apology'. Another case: 'He never admitted his guilt.' 'He denied it!' One comment says, 'How can they deny it! The evidence is there for all to see!'

I read the comments and another reader has said:
The lawyer of the accused tells them to plead guilty so that they can plea bargain later and admit guilt in exchange for something else, a lighter sentence or dropping another charge.

I discussed this with somebody in the UK. They said, "In the UK the laws are different. A defendant will be advised by the lawyers to plead guilty, if they are guilty, and likely to be found guilty, because the penalties rise as you obstruct the court or cost money by making a longer trial to establish guilt.

In cases where a defendant claims to have been tortured, another case occurs. They might plead guilty to end the torture, then retract the confession in court. So things are not as straightforward as they seem at first glance.

In the UK laws can be established by precedent. A lawyer defending you might say, before or after a court case, that a previous trial the defendant was found not guilty in a certain set of circumstances. Therefore the lawyer, if you plead not guilty, will bring up the previous case to try to persuade the judge that it is a waste of time and public money persisting because the jury will follow the findings of the previous case. The defense lawyer will argue persuasively that the case cannot be proven.

The moral is, whether you are in a court or simply reading a newspaper article about a court case, check the laws at the place and time of the court case.

You might also recall the old saying, "Never explain, never apologise." (Was it Oscar Wilde who said that? Or a newspaper proprietor? One accused person said, 'Publish and be damned.')

Car Accident Claims
My instructions from my insurance company in the case of a car accident in the UK were that in the case of an accident you must never hastily apologise or admit guilt at the scene of the accident. You must simply give your name and address and insurance company details and let them establish guilt. The two insurance companies will argue it out between them.

All sorts of things can affect whether or not you are guilty. For examply, one person said after an accident, said 'It was our driver's fault. He was going too slowly in the slow lane.' Hwever, the truck driver collecting the damaged car said, the evidence is the car was hit from the back, so it's automatically the fult of the driver which hit the car in front.

That could compromise your insurance company. You need to check before you speak or judge.

Author, Angela Lansbury, travel writer and photographer, author and speaker.

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