Date: 21 Feb 97 02:58:08 EST From: Chris Burford <100423.2040-AT-CompuServe.COM> Subject: M-I: Bourgeois and socialist legality The headlines in England this morning are about the latest dramatic blow to the reputation of British justice. 3 men who have spent coming up nineteen years in prison for the murder of newspaper boy, Carl Bridgewater, are to be released today and will receive compensation. New scientific analysis of the police evidence shows that a confession by one man was forged which was almost certainly used to trick a fourth man who died of natural causes in prison. The picture is consistent with his claim before he died that his confession was beaten out of him, and all four were convicted on it. I want to make two points: 1) leftwingers in England/Britain view with alarm the spread of the death penalty in the USA over the last 20 years. At least 3 of the four wrongfully convicted men are alive to be released. Other dramatic cases in England over the last few years make the return of the death penalty impossible. What with the overturning of the conviction of the "Guildford Four" and the "Birmingham Six" for the deaths caused by IRA bombs, this brings to a total of at least 14 innocent people who would have been executed had we had the death penalty. I would like to ask US subscribers what is being done to turn the tide against the death penalty in the USA which must be responsble for the deaths of scores of innocent people, a disproportionate number of whom are black, and working class. Is anyone following the James Earl Ray reinvestigation? 2) I think as we sum up the 20th century, we have to say that all political systems, socialist as well as capitalist, can beat, torture and kill innocent prisoners, and can do so in sizable numbers when there are not careful checks on how the system operates. Sometimes the worst excesses occur when the people with the power are totally sure of the moral strength of their own position. Some of the historical re-analysis has to discuss whether there is a "socialist legality" which gets overlooked in the earlier years of a revolution. Is this indistinguishable in practice from the bourgeois right of civil society and is it the start of slippery slope back to capitalism? Or can there be a socialist legality coupled with a (people's democratic) dictatorship of the proletariat? Chris Burford London. --- from list marxism-international-AT-lists.village.virginia.edu ---
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