Now I'm not a lawyer, in fact I don't know a lot about law and the justice system at all, however I do have strong beliefs and values. Death penalty is something I'm so interested in and I am also using this for one of my other university assignments. I'm sure everyone is fully aware of death
row and what that entails, but just a bit of background information for those
that don’t. Death row is a prison block or section of a prison that houses prisoners
awaiting execution.
Lindsay Sandiford, 57, from Cheltenham, was
arrested in May 2012 when she arrived in Bali from Thailand, smuggling in
cocaine worth an estimated £1.6m. Sandiford is currently in the squalid
Kerobokan prison, Bali, Indonesia.
Lindsay appealed to UK Foreign Secretary
Philip Hammond, who is due to visit Indonesia this month. The foreign office
have offered their support however, this isn't the only time she's tried to reach out, last year the UK’s top court dismissed the appeal. A spokesman in the British embassy in
the Indonesian capital Jakarta explains they are now closely following Sandiford’s
case and are ready to provide support, if it is requested.
In this instance, Lindsay is using bargaining and negotiation strategies in order to try and challenge her case. She has prepared the message she wants to get across, she is aware of the ground rules e.g. where the negotiation will take place, as well as explained and clarified her point and is currently awaiting the last processes of problem solving and closure in order to challenge her execution.
In this instance, Lindsay is using bargaining and negotiation strategies in order to try and challenge her case. She has prepared the message she wants to get across, she is aware of the ground rules e.g. where the negotiation will take place, as well as explained and clarified her point and is currently awaiting the last processes of problem solving and closure in order to challenge her execution.
I understand that she must pay for what she
has done, however what I don’t understand is how her case can be over looked,
especially from the UK where we are strongly against the death penalty. This to me is bizarre,
and I know that you might all think that I’m taking nonsense because I believe
her case should be appealed. So let me tell you about another case.
Jermaine Wright, 42 was arrested in 1992
for killing a store clerk at liquor store Hi-Way Inn, in Wilmington, Delaware, USA in 1991. However it has now
been found that Wright was high on heroin during the confession, meaning
Jermaine was released from a Smyrna Prison after Supreme Court.
(Photo from Delaware Online)
That sounds pretty straightforward right?
So why isn’t it for Lindsay? My interpretation of this is that some negotiation can be made that means she
can be given her chance at freedom too. If the U.S can support Jermaine by reviewing his
tapes, why can’t the U.K support Lindsay? Everyone deserves a chance, right?
She is pleading for help and support from
the U.K.
So now what?
Liv x
This is a good post, which shows an interesting opinion.
ReplyDeleteI agree with your points that something could be negotiated in Lindsay's favour, I never saw it this way, for a country like the U.K. who doesn’t agree with the death penalty you would think we would do everything we can to help Lindsay. I think that in the U.S. they are more lenient because they have so many people who do face death row; maybe they’re now rethinking things.
What I don’t understand is, why they waited so long to review Jermaine’s case, he’s been on death row for almost two decades you say, so why didn’t they review it earlier on. Maybe if the U.K. can review Lindsay’s case earlier on- considering she’s only been in prison for two years, it can be sorted and she can appeal her execution surely!!
DeleteHi Holly,
Thank you for this comment; your points are extremely valid- the question does still remain as to why they took so long to review Jermaine’s case. Considering he had been on death row for that long, he was given a chance for his freedom and in my opinion so does Lindsay. Both are criminals, they have both done wrong, but they are also both human and both should be treated equally. I do not believe in capital punishment anyway, however, I do believe in equal rights.
I could not agree with you more, a negotiation could be made that the U.K choose to support Lindsay until her case has been reviewed; if it does not work out then at least we tried. Even if its just getting her a lawyer- to give her some sort of hope, that way she can FINALLY challenge her death penalty!
This is an interesting post and raises some important questions about the fairness of the justice system. From reading this post (and having no prior knowledge of these cases) it is clear that there is no level of fair justice for criminals. Yes, they're criminals and certain crimes deserve different levels of punishment but Jermaine confessed and he walks free.. Lindsay pleaded to being forced and is on death row.. Was her claim of protecting her children looked into? Looking at this on a much larger scale, this could really be down to keeping 'face' between governments. Does the UK government want to challenge the law of another country and if they did, would this damage government relationships between UK and Thailand?
ReplyDeleteThank you for this comment, you have just brought in a whole new perspective! I could not agree more, it most definitely is about keeping 'face' between each government. Considering the UK government have said they will support Lindsay- however not actually offering her any funding to-date... where is the support then really? Articles also state "The UK strongly opposes the death penalty in all circumstances without exception. We have made representations about the death penalty to the Indonesian government, and we will continue to do so" However are they?
DeleteCould it be negotiated that her case be reviewed once more? She stated that she was forced into smuggling the drugs by a 'gang' who were threatening her children! But no more evidence of this has been found!
In my opinion, surely because she's British she should be trialed in England and it should be up to the British Government on what happens to her, and she should face those consequences here. Everyone tried really hard to get Melissa Reid and Michella McCollum Connolly brought back into England yet it seems like no one is helping Lindsay. The fact that she is a grandmother and has had no previous criminal records makes me question how corrupt the government really is. I feel something could be done to bring Lindsay back!
ReplyDeleteThank you for your comment Hannah. I completely understand where you're coming from in stating she should be brought back to be trailed. It is a difficult situation and as I'm sure you are aware, Melissa and Michaella are still in the Peru prison and have not yet been brought back; the same goes for Lindsay. I believe that once you are caught in that country; you then face the time and consequences of that country. However, you are right, there is something that can be done! Support! All she needs is a chance for freedom!
DeleteBefore discussing the differences in the two cases, firstly I would comment that I believe in Lindsay's case, death by firing squad is a totally inhumane and disgusting way for a country to carry out capital punishment.
ReplyDeleteThat said, i also believe that no matter what her reasons for committing the crime, if she has been found guilty she should be tried and punished in accordance with the law in Bali, and although the punishment is serve she could have looked into the potential punishment she could face before committing the offence?. If she had been sentenced to some community service and a £100 fine, would we still expect our government to appeal??
I would hope our government would support her with legal assistance (given the punishment), but I don’t believe they can change the law regarding punishment in Bali. Would it be fair for Bali’s legal system to free Lindsey, yet carry out capital punishment for the same crime on someone who lived in Bali?
In my personal opinion, I think the two cases’ need to be looked at separately for a number of reasons.
I have no experience of law, but to me it looks like Wright was not prosecuted because the judge discredited the video evidence as Wright was intoxicated when being filmed, therefore because of no evidence, he was found not guilty, Maybe this was a loophole found by Wrights legal representative ?. However in Sandifords case she was found with the drugs on her, so surly she must be found guilty?
The other difference i see is that these cases are from vastly different country’s with totally different and contrasting systems and cultures (not just legal), and although I don’t agree with capital punishment isn’t it this difference that creates diversity ?. Also if either had been found guilty in the UK neither would face a death penalty.
To conclude (all in my personal opinion):
Do i agree with the death penalty - No
Should Sandiford be tried and punished according to law in Bali - Yes
Can the two cases be looked at together - No
Hi Phil!
DeleteThank you, and wow, the points you've raised are extremely eye opening. You are right when you say that someone of the same offence would be treated the same because they lived there. However, the point I am stating is just purely for some support, if the case goes forward and it fails then OK- but at least the UK government can say they helped, surely? I understand the legal system is different in many countries, however there should be a level of support given by ours. At least! Surely some negotiation can be made by the UK government, don't you think?
I believe Lindsey Saniford knew exactly what she was doing by smuggling drugs into another country, she may have had financial problems who knows, but when all said and done she broke the law in Bali and there law states anyone found guilty of drug smuggling will be sentenced to death. That said death by any form of lethal injection, electric chair, firing squad etc etc is barbaric and should be outlawed, but who are we to say, this has been different countries law for a very long time.
ReplyDeletewith regards to the Jermaine Wright case everyone is "innocent until proven guilty"!!.
Thanks for the comment Paul! I know exactly what you mean when you say she knew what she was doing; however, don't you think that you would do the same if your children's lives were at risk? If a 'gang' of strangers from a different country to your own were threatening your children, don't you believe you would do anything to save them. I know I would in the future!
DeleteYou are right that death by any form should be out lawed and I know exactly what you mean when you say rules are different for different countries, but do you not think there should be given any kind of support; even for Lindsay to get a lawyer? That's all she's asking for.
I personally feel the punishment of death by firing squad is severe and un-necessary, but Indonesia has one of the toughest law in the world. Whilst the UK oppose the death penalty snd rule out funding for legal representation to any british prisoner, I feel the UK government only has a commitment to help Lindsay Sandford with fair treatment and conditions whilst serving her sentence.
ReplyDeleteHow do we justify spending british taxpayers money on somebody like Lindsay Sandfords who pleaded guilty to smuggling a huge amount of cocaine ???
The answer I think is we cannot unless you are going to abide the law.
Thank you for your comments Jennifer- you are right when you say Indonesia has one of the toughest laws! You say that you believe the UK government only has a commitment to help Lindsay with fair treatment and conditions, but surely not being able to even TRY and challenge her execution is not fair treatment and conditions? She has not been able to do any of this or even try and fight for her case due to lack of support and funding because she simply cannot afford it. I completely agree that laws should be abided by, by isn't there any negotiation that could be made?
DeleteI afraid to say I think not, well not for funding anyway, if they help in the Lindsay Sandfords case then what about all the other cases around the world. Unfortunately she committed a serious crime and pleaded guilty. I wonder if her family could not help or even do some fund raising for her plight.
ReplyDeleteGreat point and thank you for your reply! I have not looked into what her family are doing to help the case! I will take a look now. You raise a good point with all the other cases will have to be reviewed!
DeleteMy Thoughts,
DeleteThe British government will provide help and support which is basically administrative. What it cannot do is:-
• get someone out of prison or detention
• help someone get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward packages sent by friends or family to an arrested person or prisoner
• prevent authorities from deporting a British national after release
Lindsay Saniford has been found guilty and sentenced by the Indonesian courts and it is not and should not be for the British Government to interfere with their justice system.
That said there is nothing to prevent a request for clemency being made which I believe is being done this month via a ministerial visit.
The comparison between the Sandiford and Wright cases whilst both carrying the death penalty are I believe two completely separate issues. Jermaine Wright is an American citizen being tried within in the American legal system his acquittal was based on an unsound confession there also being no witnesses or gun.
The Sandiford case is a trial of a British citizen by an Indonesian court and any rights that she would have been entitled in the UK i.e. legal aid to go out the window. She was also caught red handed and the “Sting operation” she was involved with was only after the event.
I believe the Guilty verdict to be correct although the sentence too harsh (the same also goes for the others facing the death sentence for drug offences).
The UK Government has a policy of not funding Britons facing capital charges abroad this was challenged in the British courts by Sandiford and dismissed. This leaves the question of where the funding for an appeal will come from. It’s this policy of not providing foreign legal aid that needs changing.
If an Indonesian were on death row abroad they would get legal aid from there government, I think they do.
Hi!
DeleteThank you very much for your comment and I see your points completely. You are right when you explain all the aspects the British government cannot do. So you're saying you don't believe any negotiation should be made for support for her because of the country she's in and the laws they have?
I see you state that you feel the death penalty is too harsh; which it is for most cases, so therefore don't you think she deserves a chance to challenge her execution?
I am totally against that Lindsay Sandiford pleaded guilty and think she was simply very naïve.
ReplyDeleteThe laws in each country are different and we should all respect those when visiting, but here in the UK we live in a society where the death penalty has been abolished. So how and why is Philip Hammond refusing any help when five supreme court judges in London backed Lindsay Sandiford’s request for legal representation with the help of UK funding? What is even more concerning is that in spite of helping bring to justice all others involved in this case Lindsay Sandiford is facing death with no legal team and all of the others are only serving prison sentences.
I think Phillip Hammond needs to answer how he can justify his beliefs on the death penalty but still stand back and allow her execution.
Hi Polly!
DeleteThank you very much for your comments and insight on this topic. You are right all laws are different; but you repeat my point! The UK are extremely against the death penalty therefore we should help and support someone who is from the UK who has not been able to challenge her execution.
Exactly, the five courts backed the request yet nothing is being done for Lindsay, and she is facing her death in the 'next round' however they only find out 72 hours prior. So it could be any day now!
Thank you again for your comments, we are on the same side on this argument Polly!