Injustice – Clive Stafford Smith

This is a wonderful, shocking, compelling book. I have read many legal thrillers, including those by John Grisham (who endorses this book) but it is one thing to read about injustice, legal corruption and police incompetence in a fictional setting, and quite another to see it ruthlessly, thoroughly exposed, in a real case which has led to the British defendant, Kris Maharaj, spending 26 years of his life in an American prison, much of it under the threat of the electric chair; and all of this for a crime which, as the author explains in compelling detail, he almost certainly did not commit. ‘Almost certainly’ is a feeble phrase, but I use it to point out that at the very least there is reasonable doubt here, and that in itself should have been more than enough to set this man free a quarter of a century ago. Any reasonable system would have done just that.

But as the author explains, in well researched, shocking detail, the American legal system just doesn’t work that way. Take just one appalling detail among hundreds: when an appeal is finally arranged before a new jury, that jury is forbidden to hear any suggestions that the man making the appeal might possibly be innocent. That’s right – the word ‘innocent’ cannot be used in court! So when a British MP, Peter Bottomley, tells the jury ‘This is a miscarriage of justice’ his video link is cut off and the defence lawyer threatened with jail!

What has that got to do with justice? Exactly. That is the question that comes up again and again, throughout this terrible story. As I was reading, I often laughed out loud, not because what I read was funny in an amusing way, but because it was totally absurd, unbelievable, like a tale from Alice in Wonderland or a justice system designed by Franz Kafka. All the way through I kept thinking, ‘this is absurd, it’s terrible, it can’t possibly get any worse’. But it does. Why? Because every absurdity, every injustice, has its own logic, its own level of humanity. There are very few really evil people in this story; just a system that with a maze of rules which, as everyone follows them, leads to a result that it totally inhumane.

And Clive Stafford Smith, who has spent much of his life working for pitifully small rewards for clients on Death Row, describes exactly how and why all this happens. He is like the little guy in John Grisham’s stories – the lawyer who cares more about justice than money – but Stafford Smith, and few others like him, are actually real, thank goodness. God send me a lawyer who cares, if I ever get into trouble.

It would be nice to think things are better in Britain; and certainly some things are different. We don’t have the death penalty, or judges and prosecutors who stand for election, campaigning on how harsh they can be. But we’ve had our own scandals: the Birmingham Six, the Guildford Four; the strange business (also involving Stafford Smith) of the courts and Binyam Mohammed.

And on a smaller scale, this book reminded me of another British case, less well known, not quite so cruel or nearly lethal as the injustice suffered by Kris Maharaj, but still similar in the sense of an innocent man trapped in a legal spider’s web which he cannot resist or escape: the case of of John Bartlett, well described in his book Chequered Justice. Here too I kept thinking: ‘this can’t really happen, can’t get any worse.’ But it does.

Read Clive Stafford Smith’s book, ‘superbly written’ as John Grisham says, and then, for a comparison, read John Bartlett’s book too. Both endorsed by Michael Mansfield QC.

About Tim Vicary

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2 Responses to Injustice – Clive Stafford Smith

  1. Elizabeth T says:

    This sounds quite intriguing, if embarrassing as an American to acknowledge our justice system can be so mishandled.

    I spent the night in jail once due to a computer error and the misfortune of being named Smith. No matter how much I clung to the knowledge my friend who planned to bail me out of jail in the morning (I had actually driven through a traffic light) was the son of a criminal attorney who would get all of this straightened out … I spent the night thinking “oh my god, what if they won’t let me go because I can’t prove I’m me?” The entire night’s misery reads like a chapter in a crime novel … life need not imitate art.

    • Tim Vicary says:

      That does sound scarey, and I’m sure it could happen here too. But imagine the poor man in the book – he’s been in prison for a quarter of his life, much of it on death row!

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