The legal system is a complex and multifaceted institution that plays a fundamental role in maintaining order and justice in society, which Unlawful Killings author Her Honour Wendy Joseph KC knows a lot about. It encompasses a wide range of laws, regulations, and processes that govern our daily lives, from traffic rules to criminal statutes. While the law is designed to be impartial and just, questions about its fairness and effectiveness persist. In this article, we will explore how the legal system generally works and examine the ongoing debate about its fairness.

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Trigger warning: This episode contains themes related to homicide, physical, sexual, and child abuse.

At its core, the legal system serves several essential functions:

1. Establishing and enforcing rules.
2. Resolution of disputes.
3. Protection of rights.
4. Punishment and rehabilitation.

While the legal system has these noble objectives, its fairness has been a subject of ongoing debate. Several factors contribute to this discussion:

• Access to justice.
• Bias and discrimination..
• Complexity and lengthy procedures.
• Inequality in sentencing.
• Evolution of laws.

The legal system is a cornerstone of any democratic society, aiming to provide justice, protect rights, and maintain order. While it is designed with fairness and impartiality in mind, challenges and concerns persist. Access to justice, biases, complexity, and inequality in sentencing all contribute to ongoing debates about the fairness of the legal system.

Efforts to address these issues include legal aid programmes, diversity and inclusion initiatives within the legal profession, and ongoing discussions about reforming outdated laws. It is important for society to continually scrutinise the legal system, identify areas for improvement, and work towards a more just and equitable society for all.

So how does the law work and how do we make the justice system fair?

Thanks to the following author for participating:

Until March 2022 Her Honour Wendy Joseph KC was a judge at the Old Bailey, sitting on criminal cases, trying mainly allegations of murder and other homicide. She read English and Law at Cambridge, was called to the Bar by Gray’s Inn in 1975, became a QC (Queen’s Counsel at the time) in 1998 and sat as a full-time judge from 2007 to 2022.

When she moved to the Old Bailey in 2012 she was the only woman amongst sixteen judges, and only the third woman ever to hold a permanent position there. She was also a Diversity and Community Relations Judge, working to promote understanding between the judiciary and many different sectors of our community, particularly those from less privileged and minority groups. She mentors young people, from a variety of backgrounds, who hope for a career in law and has a special interest in helping women. Unlawful Killings is her first book.

Here are some of the resources from the show:

Preet Bharara, former US attorney for the Southern District of New York, discussed his gripping book, “Doing Justice: A Prosecutor’s Thoughts on Crime, Punishment, and the Rule of Law.” Bharara is the co-chair of Brennan Center’s National Task Force on Rule of Law & Democracy and a distinguished scholar in residence at the NYU School of Law.

Books looked at this week:

Her Honour Wendy Joseph KC: Unlawful Killings: Life, Love and Murder: Trials at the Old Bailey

Preet Bharara: Doing Justice: A Prosecutor’s Thoughts on Crime, Punishment and the Rule of Law

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Transcription