Look mate, you seem like a decent enough sort, but you need to understand the differance between what is right and what is legalTreblaine said:It's similar enough to Turing's injustice:the clockmaker said:1-legislative law trumps common law, so a precedent is not grounds for ignoring what the law states.Treblaine said:Then how the hell were the 306+ separate cases of Soldiers executed for "cowardice" in WW1 being posthumously pardoned? What new evidence came forward to pardon ALL of them together, not each case each with new evidence, but EVERY execution for cowardice, categorically, were pardoned.the clockmaker said:"his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice."silverdragon9 said:actually you're describing acquittal; to quote Wikipedia "A pardon is the forgiveness of a crime and the cancellation of the relevant penalty; it is usually granted by a head of state (such as a monarch or president) or by a competent church authority."the clockmaker said:For god's sake!
-A pardon states that you were innocent of the crime that you were convicted of.
-It was illegal at the time to be homosexual
-Turing was homosexual
-Turing was in breach of that law.
He was given an appology, but a pardon is not possible under the law. It would be meaningless under the law. And since it is a legal action, it would be pointless to do it. People think that because they ask someone to 'pardon them' when they bump into them in the corridor that it is synonomous with forgiveness, but under the law it is a very specific thing.
They are not saying that the law was right, they are not saying that being gay is wrong, they are simply stating what the law was and what the facts are.
Emphasis mine. Within the currently standing UK legistlation that I could find (perhaps a more legally minded escapist can help out there) that was the only provision that I could find on the conditions of granting a pardon.
Sets a pretty clear legal precedent for the power to Pardon.
The House of Lords have no technical excuse for refusing to Pardon, they are guilty of intellectual cowardice.
2-reading into it simply the new evidence was a greater understanding of PTSD, that the soldiers were not, in fact cowards and as such were not guilty of the crime that they were convicted of
3-in addition there was found to be a systemic miscarriage of justice, that the defendents were not able to call for their own witnesses and produce their own evidence. As the courts martial were found to be conducting themselves improperly, it would provide reasonable doubt on the decision that was reached.
So to compare the two cases,
-Turing was in breach of the law that he was charged under/in retrospect those charged of cowardice were found to have reasonable doubt as to thier guilt
-I can find no mention that Turing's trial (while obviously enforcing an abominable law) was conducted in anything other than a legally proper manner./The soldiers charged with cowardice were not given a fair trial.
As such, a precedent would not really apply, legally.
So he is morally entitled to whatever restitution the government can offer, but under the law there is no case and so the house of lords, an institution concerned with the law has no legal grounds to grant him a pardon.
And as to the accusation of intellectual cowardice, you should read over the second paragraph of the statement again, where they call the punishment meted against him "cruel and absurd" and state that they will not "try to put right what cannot be put right" and ensure instead "that we never refer to those times". That seems to be a pretty pro-turing statement, and in fact, more politically visible than a pardon.
1 - what is this common/legislature distinction? Explain this! I thought we live in a land with one law for all, no double standards.
Anyway, we aren't ignoring what the law states. A Pardon recognises the law and excuses the individual.
2 - Our understanding of homosexuality has changed, we no longer hold the delusion that men-who-love-men are also dangerous paedophile abusers as was believed back then. It's in fact turned out the Priests are more likely to abuse children than gay men. Though perhaps the UNELECTED Lords-for-life have a rather out of touch view, perhaps they still are distrustful of gays.
Also, when the soldiers were pardoned, no mention of PTSD was made, no distinction between those showing symptoms and those not.
3 - The pardoning of all the soldiers executed for "cowardice" made no distinction between the cases where defendants were able to call witnesses and anyway court partial at the time it was "hurr, it was legal at the time!" to not allow defendant to call witnesses. And I think there are some definite miscarriages if the treatment of chemical castration and such treatment leading to him resorting to suicide.
they will not "try to put right what cannot be put right"
+25'000 people who have found the obscure petition think it would do a HUGE EFFORT of putting this right.
Pardon is the single biggest thing you can do to put this right but they won't even do that. It is a nonsense fallacy that because you can't completely fix something you should just try to sweep it under the rug.
Surely the Lords can see the way this will be interpreted. The empty platitudes at the end are WORTHLESS against the words that echo through history "No Pardon will be granted".
And by the way, the intellectual cowardice was for how the Lords tried to PATHETIC excuse they were preventing Historical Revisionism. When a pardon would more than anything recognise that the law was wrong so that it EXISTED, and that it wronged people. Are THEY not exercising historical revisionism by refusing a pardon they are acting as if the law was somehow right to have back then and that there were no major injustices by it?
The Lords using the phrase "Alan Turing was properly convicted of what at the time was a criminal offence" gives fabricated legitimacy to what was DEFINITELY an unjust law. It's almost as if they are reminiscent of the good old days of institutional gay bashing. They should admit the proper thing to do her would be for the law to NOT have been followed because the Law was wrong!
Empty platitudes and technical excuses after the matter are WORTHLESS compared to what they have already said.
1-Common law is law set throught precedent, so when a judge or magistrate makes a decision, it is common law. Under the bicameral system, this is trumped by legislation, law made by the government. If you think that this is a double standard you really don't understand the law and shouldn't really be telling people what is legal.
2-Morally, the cowardic case and Turings case are similar, legally they are not because while the men charged with cowardice were found not be cowards due to a new understanding, Turing was homosexual and the new understanding is that that is not a bad thing. Okay, do you see, both are morally innocent, only one is legally innocent. The articles that I read on this case placed heavy emphasis on the undiagnosed shell shock/combat fatigue/PTSD/whatever you want to call it, that the defendents suffered, with their barrister even throwing it out there in one of the interviews.
2a-You claim that the lords are distrustful of gays, do you care to back that up, or do you think it is reasonable to sling mud like that off hand?
3-There were many cases in which the trials of the people charged with cowardice were not given a fair hearing, enough to be systemic. It is impossible to determine who did and who did not get a fair trial. For a criminal conviction you need to have proved something beyond all reasonable doubt. The systemic miscarriages and opaque nature of a war time court-martial is enough to provide reasonable doubt and thus to decide, based on the burden of proof that the defendents were innocent. Turing, despite the horrible nature of the law, was given a fair trial.
4-The debate over wether or not it would be the right thing to do is a pretty subjective one and you make some fair points there, but you bold properly as if it is a value judgement as opposed to an assessment of the legality of the decision. He was in breach of a law, he was charged under that law, he was convicted and then punished under that law. Morally it was wrong, legally it was proper.
I am not trying to say that he got what he deserved, or that the government doesn't need to make amends, what I am trying to say is that legally the house of lords cannot pardon him. If you can come up with a reason why they can, I will listen, but what this concerns is not what is right or wrong, but what is legal. Because while it may be alright for individuals to break the law to do the right thing, it is never alright for a governing body to do so.
But, there is hope legally, petition the house of commons to amend the relevent acts or to pass a new act stating what you think the provisions and effect of a pardon would be. Then if the Lords do not grant a pardon, I will be right there with you. Sound good?