Petty criminals to lose legal aid

The Independent reports today:

bq. First-time burglars and other petty criminals will be denied representation in court under government plans to cut the legal aid budget by up to £20m a year.

bq. A series of cost-cutting measures announced yesterday will re-focus legal aid on the more serious offences, ending some defendants’ right to be freely represented by a lawyer in the magistrates’ court.

I understand what they’re saying, but is it correct to describe all these people as ‘petty criminals’ before they’ve been found guilty? Did they wonder whether it would be too long-winded to be more careful?

Rephrasing is difficult, especially when it comes to ‘first-time burglars’, which seems to mean defendants charged with burglary for the first time.

Testing the Anti-Social Behaviour Act

A reporter for The Independent went out testing how much anti-social behaviour he could get away with now it is legal. Fixed-penalty notices (like Strafbefehle) of up to £100 can be issued for many acts, but the reporter, Josh Sims, came out of it unscathed.

bq. For this part of my day I am joined by a willing accomplice, who obliges me by delivering a real steamer. Despite my – and Fido’s – flagrant flouting of the law, his deposit scarcely raises an eyebrow around the park. Some passers-by even look away, presumably to afford my dog some privacy. Together, we walk away from the scene of the crime without attracting so much as an “excuse me”, and all this in contravention of the Litter (Animal Dropping) Order of 1991.

(Via UK Criminal Justice Weblog)

Danish prisoners paying stand-ins to serve time for them/Dänische Gefangene bezahlen Ersatz trading places

Danish prisons are not allowed to ask for identity papers with photographs on them when they admit prisoners. As a result, according to the Daily Telegraph, wealthy prisoners are paying impersonators to serve time for them. This is done in the period between conviction and start of sentence, which may be several months.
(Via UK Criminal Justice Weblog)

Judgment and sentence in German cannibal case/Meiwes wegen Totschlag verurteilt

Spiegel online reports that Armin Meiwes (known as Armin M. in the German articles) has been convicted of voluntary manslaughter (Totschlag). He’s been sentenced to eight years and six months in prison. It was not murder because the court did not establish ‘niedrige Beweggründe’ (base motives) as required under German law.

The photo used (DPA) has a bit of a Neanderthal look about it. Meiwes usually looks better than that.

The German lawyers always suggest a judgment and sentence. The defence counsel suggested Tötung auf Verlangen (mercy killing at the request of the person killed); the prosecution said it was murder, carried out for sexual titillation.

This is a decision that is bound to be reported abroad too. Let’s look at the BBC News version.

bq. The defence had sought a verdict of illegal euthanasia, carrying a far shorter sentence of six months to five years, on the grounds that it had been a “killing on request”.
But while rejecting the defence’s argument, the court also ruled that Meiwes had had no “base motives” for the crime and settled on a manslaughter verdict, as Judge Volker Muetze told the packed courtroom.

I suppose most people will understand that it is voluntary, not involuntary, manslaughter involved, but still, translating Totschlag simply as manslaughter seems sloppy to me (I may be alone here). Euthanasia also omits the idea of the victim’s request, but that is added at the end of the sentence.

bq. The case could make legal history in a country which has no laws against cannibalism.

Aargh! I am so tired of reading that Germany has no laws against cannibalism. How many countries have?

bq. Dressed in a dark suit and tie, Meiwes sat impassively as the verdict was read out in court.

Ah, but was his lawyer wearing a white tie?

Now, The Independent (on the front page, the story is mysteriously listed under ‘UK News’).

bq. Prosecutors called Meiwes a “human butcher” who acted simply to “satisfy a sexual impulse” and had sought a life sentence for murder.
His defense argued that since the victim had volunteered to be killed and eaten, the crime should be classified a mercy killing, which carries a five-year maximum penalty.

I prefer ‘satisfy a sexual impulse’ (part of the German definition of murder) to the BBC’s ‘sexual murder’. But when did we British start spelling ‘defence’ with an S?

The Guardian presents an audio report. ‘ quite liked ‘killing on demand’. I don’t think anyone told the reporter how to pronounce ‘Meiwes’, which was coming over as ‘Mieweis’. The written report is somewhat similar to that of The Independent.

After consulting the New York Times, I abandoned the project, as I was getting the impression that all the reports were based on one account.

German literature in English /Deutsche Literatur auf Englisch

The English section of the Frankfurter Allgemeine Zeitung reports today that a new online magazine, Litrix.de – German Literature Online – is going to present excerpts, specimen translations (whatever that is) and book reviews – in both German and English.

About 2,000 works of fiction written in English are translated into German every year, but only about 40 German titles into English (hmm, I wonder why that is?!)

A jury will select 30 works a year and 20 pages of each of these will be translated and presented. This sounds like an excellent idea, depending on what the jury choose, of course.

Uwe Timm, Am Beispiel meines Bruders /My Brother’s Example is up there already.

Many thanks to Gail Armstrong of openbrackets for the link.

Fürth blog Fürth blogt

I found I was writing less and less German and including more and more pictures of Fürth in this blog. I therefore decided to divert some material into a special Fürth blog.

Der Fürth blog – Fürther Freiheiten – ist wirklich zweisprachig.

The blog is in English and German. The texts aren’t always identical, especially when a text I’m referring to is available in German and not in English.

I have mixed feelings about the project. What I have been doing is giving impressions of life here to people outside Germany, even though many of my entries were meant for translators and lawyers inside Germany. The Fürth blog is of more narrow interest, mainly to people actually in Fürth, and as an outsider I may not have so much to say to them. I have copied over many past entries from Transblawg, and occasionally a future entry may be duplicated, but on the whole the two will be separate.