We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Want to save money on jury trials? Try paying jurors!

I support the jury system as I support democracy: it is the worst system of justice around, except for all the others. My own experience of serving on a jury was inspiring in some ways, frustrating in others. The current Labour government wants to abolish them for all but the most serious cases. Assuming Sir Keir Starmer and Mr David Lammy MP are sincere in their claim that all they want to do is speed up justice, are there any better ways to do that than denying the accused their ancient right to a jury of their peers?

David Friedman was recently summoned to present himself for jury service in the US. He seems to have been sent home without ever reaching the jury-box. I have the impression that the the American courts turn away a higher percentage of those called to jury service than the UK courts do, and also that they make much more of a fuss about excluding jurors who might be biased, which over there often seems to mean in effect excluding jurors who might be intelligent. Despite this and many other differences between the two systems, not all of which favour the UK, I think that Professor Friedman’s observations on the careless way in which jurors’ time was wasted might be relevant to us here. The underlying reason Friedman and his fellow jurors (or whatever the word is for people who are called to be jurors but are not chosen) got to know every crack in the courthouse wall was that the people who have power to speed up or slow down cases pay next to nothing for the jurors’ time. Friedman writes:

What most struck me, as an economist, about the process was the implication of its having access to nearly free labor — there was no payment for the first day, fifteen dollars a day thereafter. The courthouse was towards the south end of the county, about half an hour’s drive from me, forty-five minutes from the north end. We were told that the jurors were selected at random, with no attempt to select jurors for cases in the south courthouse from the south end of the county — because doing that would have biased the selection, how was not explained.

Out of more than eighty of us called in only about twenty-one were put through the voir dire process. The rest were presumably there in case more were eliminated, but it is hard to see how that could justify calling in that many. A jury system that took the value of our time seriously could have called in half as many, perhaps fewer, and, if that occasionally turned out not to be sufficient, additional candidates the next day. By the end of the first day they knew that they had most of the jurors they needed, could have saved most of the rest of us the time and the trip.

Further evidence is how our time in the courthouse was used. We arrived the first day by nine, were sent home at four, a total of seven hours on site. Of those seven hours we spent most of an hour waiting to be told what room we were to go to, an hour and a half for lunch, two hour long breaks. We were actually involved in the jury selection process for less than three hours out of seven.

That again looks like a result of treating our time as a free good, but I do not know enough about what else was happening to be certain. Running a trial, even the preliminaries to a trial, involves coordinating the activity of multiple people: juror candidates, the judge, the attorneys, perhaps others. My guess is that if the county had to pay a market rate for our time they would have found a schedule that used it more efficiently but I could be wrong.

I have so far interpreted what I observed as evidence that the people responsible did not care how much of our time was spent in the process, since our attendance was compulsory and the price paid for it low, on the first day zero, but there is another possible interpretation of the evidence.

→ Continue reading: Want to save money on jury trials? Try paying jurors!

Those “strict safeguards” on the use of facial recognition technology didn’t last long

“Live facial recognition cameras planned for every town centre”, reports today’s Telegraph.

Police could be given access to Britain’s passport database to catch criminals under an expansion of facial recognition technology that could be deployed in every city, town and village.

Labour is proposing that police be allowed to compare photos of crime suspects from CCTV, doorbells and dashcams against facial images on government databases, including the passports of 45 million Britons, and immigration records.

The plans are part of a Home Office consultation launched on Thursday to establish a legal framework for all police forces to use facial recognition technology to catch wanted criminals and crime suspects.

As a commenter on the UK Politics subreddit called Eldritch_Lemonade observes,

Oh look, it’s taken 3 months to go from rolling out 10 vans with facial recognition to be used in specific and targeted ways to every town in the country scanning your face constantly

https://www.gov.uk/government/news/live-facial-recognition-technology-to-catch-high-harm-offenders

That Home Office “news story” with the title “Live Facial Recognition technology to catch high-harm offenders” to which Eldritch_Lemonade linked was issued on 13 August 2025. Naughty Eldritch was exaggerating with the “three months”; it’s nearer four. A whole three months and three weeks ago the Home Office reassured us that…

The new vans will operate according to strict rules, which ensure they are only deployed when there is specific intelligence. The College of Policing has clear guidance on how the technology should be used.

These vehicles enable law enforcement to target and locate wanted criminals and suspects for the most serious crimes including sex offences, violent assaults, homicide and serious and organised crime. Forces already using LFR have used it to arrest rape, domestic abuse, knife crime and robbery suspects as well as sex offenders breaching their conditions. The technology has also been used to maintain safety at big public events.

Existing safeguards require checks only to be done against police watchlists of wanted criminals, suspects and those subject to bail or court order conditions like sex offenders. Watchlists are bespoke to every deployment, with officers following strict guidance from the College of Policing guidance when composing a list.

Samizdata quote of the day – Oi mate! You got a loicense for that opinion?

Richard Hanania once wrote about how the measures of freedom calculated by NGOs like Freedom House were skewed and worthless, because they were more concerned with those interpersonal freedoms than with actual concrete liberties. What matters to most people is simply whose side you’re on, and it goes without saying that a Right-wing European regime in which police turned up at people’s doors for expressing unfashionable opinions would be roundly condemned – and rightly so.

What makes our anarcho-tyranny all the more illiberal is that no one can be entirely sure what exactly are the unfashionable opinions deemed worthy of the state’s interference. In recent years moral norms have changed so quickly that people can find themselves in trouble for saying things that were totally mainstream ten years ago. In many cases they might not even be aware about the unspoken edict that such an opinion is now verboten, and I suspect it is not a coincidence that so many of the individuals caught out by this new tyranny have some form of autism.

Ed West

Only Tyrants remove Trial by Jury

Was scrapping trial by jury in Labour’s manifesto and I missed it?

My computer is evil, so this will be brief.

“Justice secretary wants jury trials scrapped except in most serious cases”, the BBC reports:

Justice Secretary David Lammy is proposing to massively restrict the ancient right to a jury trial by only guaranteeing it for defendants facing rape, murder, manslaughter or other cases passing a public interest test.

An internal government briefing, produced by the Ministry of Justice (MoJ) for all other Whitehall departments, confirms plans to create a new tier of jury-less courts in England and Wales.

The new courts would deal with most crimes currently considered by juries in Crown Court.

But the MoJ said no final decision had been taken by the government.

The plans, obtained by BBC News, show that Lammy, who is also deputy prime minister, wants to ask Parliament to end jury trials for defendants who would be jailed for up to five years.

The proposals are an attempt to end unprecedented delays and backlogs in courts, and do not apply to Scotland or Northern Ireland.

Here is what David Lammy said about juries in 2020:

David Lammy
@DavidLammy
Jury trials are a fundamental part of our democratic settlement. Criminal trials without juries are a bad idea.

The Government need to pull their finger out and acquire empty public buildings across the country to make sure these can happen in a way that is safe.
12:20 pm · 20 Jun 2020

Samizdata quote of the day – Lockdown was a public health, social and economic disaster

In May 2020, I wrote a piece called ‘Britain’s Covid Reich’. I commented:

One of the most remarkable aspects of the creation of Britain’s Covid Reich was that even in the middle of the Government’s witless, confused and ambivalent approach to the crisis it was able to rustle up overnight many of the key ingredients of totalitarianism. The ideology and the slogans, and the continual repetition of the message with the supine assistance of broadcast media all fell into place with frightening speed. The speed with which the Great British Public acquiesced was even more alarming.

One possibility I anticipated was:

In one direction lies the complete end of everything we have ever held dear and a life literally not worth living, a mere spectral existence in a paralysed and terrified surveillance state of agoraphobics queuing up like mendicant friars for government handouts.

I thought I was going over the top when I wrote that. But that’s exactly what’s happened – hasn’t it? Back then I thought there was a more optimistic possible alternative, but I was wrong.

Few politicians, few scientists and even worse few in the so-called free press seemed to be able to understand that the measures the Government was imposing were going to leave a legacy that would, and has, set Britain back by half a century and perhaps change it permanently. Anyone who dared to stray from the state propaganda line was shot down in flames.

So it is almost beyond belief to see that the confused and contradictory Covid Inquiry has continued to ignore the impact of lockdown

Guy de la Bédoyère

Samizdata quote of the day – What is safe?

This cult of safety has risen inexorably alongside the bloated state, the proliferation of lanyards dangling from corporate necks like talismans or morality nooses, – I mean look at us here, at the Margaret Thatcher Centre all proudly wearing our own blue ropes – and the insidious creep of human resources culture. HR departments, those modern inquisitors, enforce “safe spaces” where dissent is heresy, and risk assessments stifle innovation and free speech goes to die. It’s a world where playgrounds are padded to absurdity, and employees are trained not in skills, but in avoiding offence. This isn’t safeguarding; it’s societal strangulation, a slow garrote on the British spirit.

Gawain Towler

Samizdata quote of the day – Yet again, the process is the punishment

I remember him announcing this on YouTube. It was, frankly, appalling. Classic police overreach and the school complaining was typical of the thin skinned using lawfare to shut down critical voices. Yet it all came to nothing as the case was dropped. As any reasonable person would expect it to be. The correct approach to the initial complaint would have been to warn the complainant of the penalties for wasting police time.

Bryn Harris, chief legal counsel at the Free Speech Union, said the force, as well as others across the country, should “never repeat this mistake.”

But they will, because it wasn’t a mistake. Until there are personal consequences, this will continue to happen.

Longrider

Now investigate Hertfordshire Police for their attempt to subvert democracy

“Parents ‘vindicated’ after police admit unlawful arrest over WhatsApp row”, the Guardian reports. The subheading is “Hertfordshire police agree to pay £20,000 to Rosalind Levine and Maxie Allen, who were held for 11 hours after complaining about daughter’s school”.

I posted about this couple’s experience last April: Boiling frogs in Salem and Hertfordshire.

One aspect of the story that the Free Speech Union’s Frederick Attenborough highlighted at the time was that Hertfordshire Police didn’t just put the frighteners on Rosalind Levine and Maxie Allen, they also threatened – in writing – their local county councillor, Michelle Vince, that if she continued to advocate on their behalf she too might find herself “liable to being recorded as a suspect in a harassment investigation”. And they told Michelle Vince to pass on that warning to the local MP, Sir Oliver Dowden.

As Sir Oliver said in the Times, “Police risk ‘curtailing democracy’ by stopping MPs doing their job”.

Today’s Guardian article continues,

Allen claimed he and Levine were not abusive and were never told which communications were criminal, saying it was “completely Kafkaesque”.

A Hertfordshire police spokesperson said: “Whilst there are no issues of misconduct involving any officer in relation to this matter, Hertfordshire Constabulary has accepted liability solely on the basis that the legal test around necessity of arrest was not met in this instance.

“Therefore Mr Haddow-Allen and Ms Levine were wrongfully arrested and detained in January 2025. It would be inappropriate to make further comment at this stage.”

You wish. Further comment is both appropriate and necessary. There bloody well are issues of misconduct involving at least one officer in relation to this matter: whichever officer tried to frighten off both a local councillor and an MP from representing their constituents.

Samizdata quote of the day – the EUs new censorship machine

In a series of reports, I have shown that the European Union already operates a vast propaganda and censorship apparatus that spans every level of civil society — NGOs, think tanks, the media and even academia. The cornerstone of this system is a network of EU-funded programmes — notably CERV (Citizens, Equality, Rights and Values), Creative Europe and the Jean Monnet initiative — that collectively funnel billions of euros into organisations that are, in theory, “independent” but are in fact deeply enmeshed in the Brussels machine.

Thomas Fazi

Samizdata quote of the day – Macron has declared war on free speech

Macron insists he’s defending democracy from manipulation and hate. But that’s the excuse. His vision is of a Europe where free speech is tolerated only when it is traceable, and where platforms pre-emptively silence anything that might draw a regulator’s glare. He calls it a ‘resurgence of democracy’. It’s nothing of the kind. It’s the bureaucratisation of thought, and the beginning of a continent where debate survives only on licence. If Macron has his way, Europe’s public square will not just be regulated, it will be licensed.

James Tidmarsh

Of course UK is no better.

Samizdata quote of the day – Snoopers in high Places

Across all these laws, the pattern is the same: more data collection, more sharing between agencies, and more pressure on companies to watch what users do. The justification is usually ‘national security or ‘protecting the public,’ but once these systems are in place, they rarely stay limited to their original goals. The Parliament Act was passed to limit the powers of the Lords in cases of ‘vital national emergency.; Tony Blair used it to force through a ban on fox-hunting.

From intercepting letters centuries ago to scanning emails and social media today, governments have always found reasons to pry. The technology has changed, but the instinct remains the same, and so does the question: how much surveillance is too much?

Madsen Pirie