I am grateful to other legal bloggers for diverting my interest from Family Law to that of the sentences passed down to the first convicted rioters today. I felt a smile of gladness when I read the Judgement. It is reported by the BBC
So many people feel that the criminal justice system is unfair - that it is weighted in favour of the criminal - the victim is forgotten and the human rights of the perpetrator take priority. Years ago I heard the Chief of Police from one of the Southern Counties stating, tongue in cheek, that a return to Botany Bay may be in order to redress the balance.
Criminal law is about four things:
1. Punishment or retribution
2. Prevention of vigilantism - people must have faith that the criminal justice system works
3. Deterrent - both to the perpetrator and others
4. Protection of the public
Matrimonial law is about one thing:
Dividing the assets according to judicial discretion.
There is no punishment or retribution.
So many people feel that the law relating to divorce is unfair and rewards the wrong doer.
So often a case is based on need and behaviour will be ignored unless it has the gasp factor. We do mean shocking, for example, the husband shot the wife and she could not work so needed extra help from him but he was sent to prison so had no income - therefore she needed his capital to replace it.
Getting past the disbelief of the unfairness of it all is the first step for many people. Acceptance of the process may then result in the parties negotiating fairly - perhaps via mediation.... our new site is launched today...