Can juries acquit a defendant as a matter of conscience? For example, if people are accused of causing criminal damage as part of a protest, could the jury find them innocent despite the judge's directions? Joshua speaks to Clive Dolphin from Defend our Juries; Richard Vogler, Professor of Comparative Criminal Law & Criminal Justice, University of Sussex, and Tana Adkin KC, Chair of the Criminal Bar Association.There are currently around 5000 active satellites in space and that's expected to rise to 100,000 by 2030. Satellites generate debris, too, and even a tiny fleck of paint can cause serious damage when colliding with something else, due to the speeds involved. But who is liable if one satellite damages another? Joshua asks Rachael O'Grady, Partner at Mayer Brown if international space law is keeping up with technology.If you find treasure in Scotland, can you keep it and will the finder receive a reward for declaring it? We hear from Glasgow University student Lucy Ankers who discovered a hoard of coins thought to be linked to the 1692 Glencoe massacre and Bobby Sandeman, Chief Executive of King's and Lord Treasurer's Remembrancer.Presenter: Joshua Rozenberg
Producers: Diane Richardson and Arlene Gregorius
Sound: Graham Puddifoot and James Beard
Editor: Carl Johnston
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The Law Show Folgen
Weekly conversation that will give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK. Whether it's unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide.
Folgen von The Law Show
109 Folgen
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Folge vom 14.11.2023Jury conscience, resolving conflicts in space, and the law of Treasure Trove in Scotland
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Folge vom 07.11.2023Deepfakes and the LawWhat if someone uses AI to create a fake version of your voice for their own aims? Recently, the actor, broadcaster and writer Stephen Fry found that someone had recreated his voice to narrate a documentary without his knowledge. What does the law have to say about deepfakes? What are your rights, and in which circumstances could someone be sued, or prosecuted? Associate solicitor Oliver Lock of Farrer & Co explains what the law can, and can't do. Creating fakes with AI, and the software to detect them, is a growing field. The same is true of forensic speech recognition, which is done both by ear and machine and can help the police or a court identify whether a recording is the voice of a suspect, for example. Dr Anil Alexander of Oxford Wave Research Ltd plays some samples to presenter Joshua Rozenberg. Can he guess them right? And what other uses are there for this technology in law enforcement?Forensic scientists are often called upon to give evidence in court, as are doctors. These expert witnesses are crucial, but things can go wrong. Some find cross-examination so bruising that they don't want to repeat it. Others fear for their reputation, if they're pushed into saying something they hadn't meant to say. Baroness Professor Sue Black is a leading forensic anthropologist and shares her thoughts.Sometimes barristers and judges are out of their depth on the science of a case. One solution to this problem has been put forward by the independent scientific academy the Royal Society, with the Royal Society of Edinburgh: subject-specific primers on relevant topics. As Dame Dr Julie Maxton, executive director of the Royal Society explains, leading scientists write and peer-review the primers, such as on ballistics or DNA, and senior judges cross-check them from the legal perspective. The primers are online, aimed at judges but available for everyone. The hope is that if barristers fail to ask the right questions on the science, judges who've read the primers can then do so instead. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Sound engineers: James Beard and Rod Farquhar Production Coordinators: Maria Ogundele and Rosie Strawbridge
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Folge vom 31.10.2023Prison sentences: too long or too short?Last week, the House of Commons Justice Select Committee published a wide-ranging report about sentencing and public opinion. On the one hand, it said we shouldn't ignore what people think. On the other hand, MPs found that many people didn’t understand how sentencing worked. The justice committee's own research confirmed this lack of understanding. The committee's chair, the Conservative MP Sir Bob Neill, also points out the cost of longer sentences: £47,000 per prisoner per year.Despite that level of expenditure, all is not well in the prisons of England & Wales. Self-harm, suicide and assault rates are all up. Prison officers are "voting with their feet," says Professor Alison Liebling, director of the Prisons Research Centre of Cambridge University's Institute of Criminology. She has been doing research in prisons for nearly 35 years, and thinks that this is "the most unstable, and unsafe period [she's] known". But she also has some suggestions for how to improve matters, and to free up prison spaces.There's been yet another mass shooting in the United States, again involving a military-style assault weapon. Rather than try for tighter gun control to stop these killings, some people are taking the gun manufacturers to court instead. Chicago-based lawyer Antonio Romanucci is acting for many of those affected by a shooting in Chicago on Independence Day last year. They're bringing a civil claim under consumer marketing laws. Could it be successful?The Scottish government is planning to give the people of Scotland new, enforceable human rights. These would largely be economic, social and cultural rights, as opposed to the current civil and political ones like freedom of speech. The plan is to incorporate several international treaties into Scottish law. The UK is a signatory to these treaties already, but the rights they proclaim can't be enforced through the courts. A new Human Rights bill in Scotland would change that. But could it avoid being scuppered by the limits of devolution?Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Production Coordinator: Maria Ogundele Sound engineers: Neil Churchill and Graham Puddifoot
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Folge vom 24.10.2023Exporting prisoners, is Joint Enterprise racist, and Gaza-IsraelFollowing the events of the 7th October in which around 1400 people were killed in Israel and over 200 taken hostage, Israel has been striking back against Hamas in Gaza. What does international law say about self-defence and proportionate responses to attacks? Joshua Rozenberg asks expert Professor Guglielmo Verdirame KC of Kings College. The government is proposing to rent prison space abroad, due to a risk of prison overcrowding here. There is precedent: Norway sent prisoners to a Dutch prison, for example. How did that work out in practice? What lessons were being learnt? Prisons expert Professor Alison Liebling of Cambridge University has studied and evaluated the Norwegian-Dutch case. How safe are Joint Enterprise convictions for murder? As a result of legal action on behalf of JENGbA (Joint Enterprise Not Guilty by Association), the Crown Prosecution Service has started to gather, and publish, data about those charged with Joint Enterprise homicide or attempted homicide. The figures show that young black men are vastly overrepresented among those charged under the Joint Enterprise doctrine. The convictions are difficult to appeal, as the threshold is high. In 2016 the Supreme Court admitted the law had "taken a wrong turn" on Joint Enterprise for 30 years. What went wrong, and is it being put right? We hear from Professor Felicity Gerry KC, who led the defence in the 2016 Supreme Court case, and from someone who served a Joint Enterprise sentence for murder, even though he says he was not present at the killing and only found out about it afterwards. Presenter: Joshua Rozenberg Producer: Arlene Gregorius Researcher: Diane Richardson Editor: Clare Fordham Sound engineers: Neil Churchill and Rod Farquhar Production coordinator: Maria Ogundele