Civil Liberties

The "War on Terror" combined with the creeping anxiety which has overtaken so many has lead to greater powers being given to law enforcement authorities.

These powers are often in the form of the authority to detain people for longer periods without trail or without a lawyer or without contact with family. Also new legislation allows greater powers of search or restrictions on disclosure of the facts of a case so a defendant's capacity to defend is limited.
Generally these increased police powers are unnecessary. During the one hundred and fifty years of development of the criminal law to the year 2000 a good balance was struck between the rights of the state to protect the citizenry and the rights of the individual. This balance was developed in times of gangland wars, drug crime, the cold war and political agitation.
The core values of our Western Democratic Tradition include personal liberty free from all but the most essential interference from the state.
In Australia we have by consensus agreed not to have fiearms except in limited circumstances. This is an example of balance. We as individuals concede that to the state. We should not concede to the state the means by which we as individuals may protect ourselves against abuse by state authorities. There must not be detention without charge and everyone must be able to access a lawyer. Lawyers must not be prevented or inhibited from defending their clients so long as they act honestly.
These principles must apply always everwhere in our society or our society will be forsaking it's values.
Some will be surprised that sometimes individuals suffer at the hands of stupid or incompetent police officers or as a result of political considerations. Remember Dr. Hanif!
Those with political ambitions both parliamentry and in law enforcement play on public anxiety to demand greater powers for police or prosecutors. There is a suggestion that "evil doers" will get away with their wrong-doing if the law is not strengthened. This is an illusion.
The law and courts have been well tested by gangsters, drug-lords and wealthy businessmen over many years. Terrorists are not exceptional.
We should be proud and protective of our liberties and not blindly surrender them due to pressure created by medieval, superstitious, ignorant people who have as their aim the destructon of our traditions.

-- Post From My iPhone