Episode 4 Free Speech


Episode 4

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Hello and welcome to Free Speech, the show which makes your voice

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heard in the national conversation. CHEERING AND APPLAUSE

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I am a fairly honourable... And welcome to Free Speech. We live from

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the old in Nottingham. That is the ladies and gentlemen of the jury

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giving us their verdict, we want to hear what you think. Just tell Tina

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Daheley. Standing up! Good evening to all of you. We want to hear from

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you at home tonight. Submit your evidence online. Your answers and

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comments will come to me in the studio, where I will make sure they

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are heard in the debate. There is also our audience questions page and

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tonight we are taking it to the next level. I think you know how it

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works. For the past week you have been going to Free Speech on

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Facebook, clicking through to the audience questions page and looking

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through the questions that have been submitted by you at home. Here are

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the top questions before we went live. Tonight, we are doing things a

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bit differently in order to give you a bigger chance to vote for what you

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want to talk about. We are keeping the leaderboard open for another

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half an hour, until 8:30pm. What do you want to talk about? Here are the

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options. Should male circumcision be illegal? Like female circumcision,

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more commonly known as female genital mutilation. Should there be

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stricter punishments for rape? Do high tuition fees and internships

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mean younger generations are being treated as slaves, and should

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politics be taught as a core subject? Set the agenda. Live

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audience voting. Anything Strictly can do, we can do better. Here to

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debate your questions is our panel. Archie Bland, senior writer at the

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Independent. Ava Vidal, a stand-up comedian. Peter Hitchens, the Mail

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On Sunday columnist and author of crime, history. And Anna Soubry, a

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former criminal barrister who became the first female defence minister in

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2013. That is your panel. CHEERING AND APPLAUSE

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Since 2012, the government has worked to make the justice system

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tougher. Is it pandering to the tabloids, or necessary tough love?

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This week, Free Speech spoke to former prisoner Daniel Chapman about

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his experience. How would I describe prison? As an asylum. Prison works.

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It ensures that we are protected from murderers, muggers and rapists.

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I grew up in Stockwell in south-west London. My family were poor. By the

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time I was 16, I had acquired a gun and I was selling drugs for about

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two years. My whole lifestyle, she could not take it any more and that

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is when my mum phoned the police. We need to tackle this problem in a

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concerted way. Tough on crime and tough on the causes of crime. I got

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a three-year custodial sentence. I was very numb until the door closed

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and I knew I could not move. I was in for about five months and got

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into a fight, they stabbed me with a pen. I was moved to Belmarsh when I

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was 18. Some of the worst things I saw in prison, they would mix hot

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water with sugar and throw it in your face. Meltdown razors and put

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it in a toothbrush and slash your face. I have banned sky TV, banned

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18 certificate DVDs. You wanted tougher justice system. We are

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delivering a tough -- tougher justice system. The facilities may

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not be tough, but psychologically it is the worst thing. I did not think

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I would make it university, I did not think I was smart enough. I am a

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university now. Studying graphic design. I think it needs to go back

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to what it was made for in the first place, rehabilitation. All these

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people who say it is not tough enough have not been. How can they

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comment? Soap, Daniel's question is does

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prison need to be tougher? Ava, you were a prison guard. Does prison

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need to be tougher? No, it is tough enough. At the end of the day

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everybody who speaks about prison being a holiday camp, everyone who

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talks like that has never been. I fire went to a holiday camp like

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that I would ask for a refund and compensation. It is not good in

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there. Peter, do you agree? Prison is tough in the wrong way. They are

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largely by the inmates rather than by authority and they have no

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purpose. The government does not really want to have prisons. It only

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keeps prisons because the public. Have them. It does not believe in

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punishment. As a result, they are warehouses in which people are very

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vulnerable to what other prisoners want to do to them. The main

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punishment inflicted on people in prison is inflicted not by the state

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or the law, but by the other inmates. That is wrong. If they were

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properly disciplined and run punitively for the original purpose,

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they would be much safer for the prisoners and much more likely to

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stop people from committing crime. They are very hard to get into. It

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is much harder to get into prison than university. You have to

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commit... LAUGHTER

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. People are already habitual criminals by the time they reach

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prison. Ava? To say the government do not want prisons is untrue.

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APPLAUSE In the UK, we are moving closer to

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the American system, the prison industrial complex, where big

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businesses are using inmates to do a lot of work. The prison I worked in

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which I cannot name, and I will not name the airline, but they used to

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get the inmates to put the little bikes together, the stuff you get on

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a flight, socks, earplugs, things like that, so to say people do not

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want prisons and the government don't want it, with the draconian

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measures that Chris Grayling is bringing in... ? I too have been to

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prison. When I was a criminal barrister are used to represent

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defendants far more than I prosecuted. We are just about

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getting to a stage where we are getting things in the right place.

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Every prison is different. Some prisons are really quite good.

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Others not so good. I take the view that if you go to prison, you go for

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a good reason. Prison is a punishment. I don't subscribe to the

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view it as a holiday camp. It is a deprivation of your liberty. It is a

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punishment and it is meant to be a punishment. But it should also be a

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place where people are rehabilitated. Some people go to

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prison because they need to be there to keep the rest of us safe. You

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were not in that category, you did half your sentence, 18 months? If I

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may say, you are somebody who has completely turned their life around

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and one of the best thing that ever happened to me was when I bump into

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an old client who I have not seen for a long time because they tended

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to be more heat than she, and prison had worked for them. If people do go

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to prison, it sounds perverse, but it is a positive experience for that

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human being, so when they come out they do not reoffend and turn their

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lives around like you have. Daniel. You have been to prison, did it work

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for you or did you turn your life around despite working -- despite

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going to prison? Prison did not work for me. From the second I went in,

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it made my life worse. It dehumanised me. Do you say you

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should not have gone to prison? Now you are who you are, what would you

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have done with you at that age? Would you have not gone to prison?

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What would you have done? There should have been intervention. There

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are personal cases you can relate to, you can't just talk about my

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situation. You need to intervene with the personal situation. Debut

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in general think people who deal in drugs and carry firearms ought to

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have something done to them by the criminal justice system? -- don't

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you think. not necessarily, no. To have people from different

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circumstances pointing and saying...

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APPLAUSE . How are our circumstances

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different to yours? How many people in terrible circumstances never

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carry drugs and deal -- never carry guns and deal drugs? You must not

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make excuses for crime. OK. We are going to the audience now. Do you

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think you are talking about rehabilitation, what do you think,

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what kind of rehabilitation are you providing for the prisoner inside,

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like education? Because most of the time the education is poor quality.

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They don't get a good qualification. There is only functional schemes. It

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depends when you go. Some people get good education in prisons and young

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offenders' institution is as well. The longer the sentence, the more

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opportunity people have to study. I would have clients of mine who could

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complete their education. Forgive me. I am sure nobody is saying that

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nobody should ever go to prison, or are you? You would send a rapist to

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prison, or a paedophile. Inaudible. They should have been sent to

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prison, guilty of fraud. It was said in the House of Lords. They have

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joined the Cabinet. Criminal justice in this country, it targets people

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from certain backgrounds at the end of the day. If you have the money to

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get a really good lawyer, if you have education, the amount of people

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in prison who would hand me a application forms who could not read

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or write. That is absolutely unacceptable. If you have a longer

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sentence, you have more time to be educated. So send more educated

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people to prison. People do. There is a more consistent legal system

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that punishes people across the board for what they do. UN

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muddying, excuses... It was 20.8 months, four white groups, 14.9

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months. APPLAUSE

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So send more white people to prison. Fine by me. OK. It is impossible to

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follow when everyone talks at the same time, isn't it? Let's stop

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doing that. For people at home, let's bring it back to conditions in

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prisons. That is what people are talking about online. Prison is like

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a holiday camp, prison is seen as hell in other countries. Yes,

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prisons need to be tougher, they are like holiday camps. They are in

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there for reason, not a holiday. How would you respond? I understand why

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-- where they are getting the fact it is like a holiday camp. They are

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dangerous places, you have to be paranoid the whole time. There is

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loads of stuff going on. It is ridiculous to say it is like a

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holiday camp. What holiday camp do you go to? Nobody has said they are

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like holiday camps. The viewing audience have said that. Whether

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prison is tough enough, I don't think it is. We are talking in the

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wrong terms. There is an endless drive towards making prison tougher

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in terms of for example banning parcels being received in prison,

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making conditions more unpleasant, peripheral stuff that doesn't

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matter. The way that prisons should become tougher is they should become

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more useful places that educate people. The fact is, I read a piece

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last year about Feltham prison, a lot of people said the trouble was

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that education is all very well but there is not enough of it. People

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are banged up for many hours and that drive them crazy. If you are in

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a cell all the time, you are more likely to be violent. The only way

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to fix that is resources. Whatever you say, it is the thing that

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government has to put more money into it. If you don't change the way

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it works, you can't fix anything else.

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APPLAUSE The gentleman here? On a lot of

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government reforms harm the way people are rehabilitated, taking

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away books. They are not allowed to take parcels in from the outside. We

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said because we have a problem with drugs and mobile phones going into

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prisons, so we changed the rules on parcels. People can still get books

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in prison. There are libraries in prison. We all know what is

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happening with austerity measures - loads of public libraries are being

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closed. Therefore prison libraries are being closed. No-one is thinking

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about prison officers. No-one is thinking these are the people who

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have to look after these people. Have a guy in a cell who is boiling

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rage. You open that door and you could get hot water with sugar in

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your face because they are going mad. Prison officers do not want

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prisoners not to have television and stuff. If you know the amount of

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prison officers who are off with stress, how many take drugs. How

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many take drugs into prison? A lot are through prison officers. At the

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prison I worked at, they were coming in through pigeons. It is a weird

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story. We were in the exercise yard. There were dead prison officer gones

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there. We were like, this is OK, it is biblical. A prison officer kicked

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one over and people scooped the outside of p pigeon out.

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To ban books is ridiculous. It tells you everything you need to know,

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that drugs which are available are available in prison readily all the

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time. I know you like to applaud fashionable of statements - but the

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prisons are not under the authority conoh -- control of the authorities.

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Read the report into the prison, which at night was said by the

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prison officer to be under the control of gangs. You will see what

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goes on. We do not have and we do not, as the Government does not

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seek, proper control of prisons. It is easier for them to allow drugs

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in. It keeps people constitute pified. There's -- stupified. If you

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go to Nottingham prison, everybody knows if you go to Nottingham,

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there'll be a sniffer dog there. You get pat-down searches and so on and

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so forth. For visitors, it was almost impossible to get anything

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through. It was coming in in other ways. Yes, there were inventive

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ways. I The idea that Government wants to keep -- the idea that

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Government wants to keep people on drugs in prison is nonsense. Why

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don't they stop it happening then? They've had a long time to stop

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it... There are local prisons, there are category C prison, there are

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dispersal prisons - there is a huge difference.

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The lady here. You have been patience. The situation in different

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prisons is different F there is such a variety in the levels of education

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people get in prisons - what is the Government doing about it? I don't

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think it is right that the prison which the chief inspector of prisons

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said is the worst he's seen ever in his time as chief inspectors, in

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Wolverhampton is a young offenders' institution. Why are your most

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vulnerable people not getting the provision they need? Understandably,

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if you are sent to prison, you would want to go to a prison which is near

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to where your family is. The trouble is then you often get gangs going

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into a particular problem. You do get some scary people - I am sure

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you would agree and extremely bad people in prisons. Having to deal

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with it is very difficult. One of the things I agree about, it was

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about seen when people were banged up for 23 hours without any break -

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that is wrong. We have introduced work - forgive me - I think it is

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good, that people when in prison get used to working.

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ALL SPEAK AT ONCE I must say it is very different to

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what you heard Chris Grayling say. There was a story about him over a

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project which was supposed to investigate the incidents of rape in

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prison, actually suggested he would like to ban the provision of condoms

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in prisons. If that is true, it is being reported on Politics Today -

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it is a pretty reliable report - this is the prisons minister who has

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no connection to the reality of life in prison and would rather say

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something to get an easy headline rather than do something which would

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fundamental change the outcomes of people coming out of prison. It is

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about making people safer. That is a common theme across the

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board. We need to be thinking about the individual. Circumstances

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dictates emotions. I myself went to prison. Going to prison, in a sense

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ironically changed my life. I allowed it to. The only reason I was

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able to do that was I was inspired by some particular individuals.

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There is not enough investment in those individuals who want to help

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offenders change. APPLAUSE

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When people talk about prison being a holiday camp - I am talking from

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the perspective of somebody who went to prison. I could not care less

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about having a TV - I was concerned about losing my family family... .

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When he says, we'll ban SkyTV... You have stuff taken from you. Now what

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we are saying is if you want stuff you have to earn it with good

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behaviour. I have no problem with it. What I do - what is wrong - you

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are right, Sir. It is the deprivation of your liberty and the

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other guy talks about people going into prison and doing great work.

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Who inspired you? Was it another inmate? We are talking about books

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which are being banned from prison. I read a book about an individual -

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a gang leader in America, who was sentenced to life and become a Nobel

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Peace Prize winner. His book inspired me. It opened my eyes T way

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he transsended from being a gang --. The way he turned into this was

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through literature. We are not taking books away. When people make

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mistakes they have the ability to turn around. I made mistakes. If I

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told you my story and what I am doing - if you met me five years ago

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I would not have believed I would have been the person I am today. I

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am living proof, he is living proof that you can change. Let me ask you

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this - would you agree with what Peter said about prison being run by

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inmates? It is nonsense. A governor runs the prison. That is end of.

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Each prison is different, based on the governor's intention. That is

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how it is run. Yes, it is tough. It is tough for both entities. You have

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prison officers who exist in the system. They are there as long as

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the prisoners themselves. We are human beings at the end of the day.

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ALL SPEAK AT ONCE If anybody other than me said it...

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Who are prisoners afraid of in prison? The officers? No. They are

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afraid of... ALL SPEAK AT ONCE

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That is not necessarily true. Don't say it is not true. When you have

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worked in one? I have not worked in one. Let him answer Peter's

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question. Prison officers are scared of offenders. I witnessed for

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myself, yeah - I witnessed a prisoner thrash his cell and flood

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his cell. He got taken away. Now, his cellmate came back after a visit

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and he was being forced to enter a cell which had been flooded, burnt

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out and thrashed. He said, how can you put me in this and where are my

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belongs. They said you have to go in the cell. Refused. I witnessed him

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get his face punched in by aofficer. Don't sit there and tell me they are

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intimidated... I agree with you. The lady here. Why do people come out of

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prison with like psychological health problems. If they were not

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tough they would come out all right. Prison rates are incredible high.

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This idea of prisons being finishing schools - that is what happens you

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might go in doing something minor and then you come out and spend your

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time with other criminals. It does not necessarily help matters. It is

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not true. 78% of young offenders offend. Daniel is the exception, not

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the rule. In the category Bmale prison - 52% turnover where people

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came back. What I am saying is I find it a little bit dodgy that

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people who own big businesses, who have access to the Government and

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lobby, then have work contracts in prison it is in their interest to

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have people sent to prison. APPLAUSE

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OK, we will move on from this debate now. The next question from our

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studio audience. What do you want to ask? I would like to ask, following

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several murderous acts in several years over which can be described as

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evil, for instance the murder of Lee Rigby, should the death penalty be

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reinstated? What do you think? I am torn on the subject, really. I

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think. It is quite evocative language. Yeah, but I think it

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should definitely be stricter punishments for murders which are

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random, because it makes people feel not safe. Whereas, yeah, it's a very

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definite punishment - the death penalty. The most definite. By

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treating somebody who is doing something bad doing something bad

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back it is just evilness. It will not get better you kill somebody who

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kills somebody. It will never get better that way. I don't agree with

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the death penalty. If you impose it on people, then when it comes to

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trials, people will not plead guilty. It will drag victims of

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crime through the system it is not fair on the victims. Anyone here who

:25:32.:25:37.

does agree with the death penalty? Yes, the lady here. I agree that the

:25:38.:25:44.

death penalty should be warranted in cases where the act has been thought

:25:45.:25:51.

about for a long time beforehand, so it is premeditated. They have

:25:52.:25:54.

thought about the way they would go about it and they've had a very long

:25:55.:25:59.

#250i78 to decide whether it is -- time to decide whether it is right

:26:00.:26:05.

or wrong. Why should the taxpayer have to pay to put, so, say the

:26:06.:26:11.

murderers of Lee Rigby, there is no question of doubt they murdered him.

:26:12.:26:15.

Why should we then have them in jail and have to pay for them to remain

:26:16.:26:19.

in jail for that period of time? I don't believe that you should

:26:20.:26:24.

murder, you know, you should have the death penalty - this question of

:26:25.:26:27.

doubt. There's no question of doubt that they killed him. Why should we

:26:28.:26:32.

have to pay for them? And there's no doubt. How would you respond? The

:26:33.:26:37.

death penalty is pretty expensive, so in the state... It is because the

:26:38.:26:43.

reason for that - the reason for that is that capital trials are

:26:44.:26:46.

very, very expensive. They drag on longer. People end up on Death Row

:26:47.:26:51.

for a long time. You have appeal stages. It is more expensive. Even

:26:52.:26:56.

if it was not the case - even if it was the cheapest way, I don't think

:26:57.:27:00.

it is a question of that. It is a question of whether we want to give

:27:01.:27:03.

the state the right and the ability to execute citizens. I don't believe

:27:04.:27:07.

that we should. There's that matter of principal. There is the fact that

:27:08.:27:12.

it doesn't really work. There is basically no evidence from anywhere

:27:13.:27:15.

in the world that you can actually show that the death penalty makes it

:27:16.:27:18.

less likely that people will kill each other. If you don't know it is

:27:19.:27:22.

working and you know you might execute people who didn't do it. In

:27:23.:27:27.

the US you have three or four people released from Death Row. If you know

:27:28.:27:30.

all that, how you can believe that it is a sensible option...

:27:31.:27:35.

APPLAUSE Peter?

:27:36.:27:40.

Yes, I think it should be brought back. Some people applauding. Do any

:27:41.:27:54.

of you want to listen to opinions? Do you just have the views of people

:27:55.:27:57.

that you think you ought to have? Have you ever thought about it? I

:27:58.:28:01.

used to be against it, now I am for it. I have thought about it. R First

:28:02.:28:07.

of all, there is substantial evidence that it deters one very

:28:08.:28:13.

important thing, it deters - it's in the criminal statistics... Well, if

:28:14.:28:17.

you ALL SPEAK AT ONCE

:28:18.:28:21.

If you wait for me to finish my sentence - there is good evidence -

:28:22.:28:25.

it deters the use of weapons by criminals.

:28:26.:28:28.

And the death penalty in this country was suspended for two

:28:29.:28:31.

periods while Parliament thought of getting rid of it in 1948 and 1957.

:28:32.:28:38.

During both those suspensions the incidents of armed crime went up. At

:28:39.:28:42.

the end of the suspensions it went down. There is in the United States

:28:43.:28:48.

that prevents stranger murder. That is where somebody kills the witness

:28:49.:28:54.

to his crime. Don't interrupt me! The person kills the person he has

:28:55.:28:59.

raped or kills the person he has robbed. That kind of crime has

:29:00.:29:02.

increased substantially in the United States since the death

:29:03.:29:07.

penalty was abolished. You will hear how it operates in the United States

:29:08.:29:11.

- it doesn't really. It exists as a political fixtion. It is not

:29:12.:29:15.

actually carried out. We have the death penalty in this country - it

:29:16.:29:20.

is carried out by the police. They shoot people without any kind of

:29:21.:29:25.

appeal. The more you don't have a death penalty with due process, the

:29:26.:29:30.

more you have of that. 60 prisoners a year, on average n the prisons of

:29:31.:29:34.

England and Wales kill themselves. That is also, as far as I am

:29:35.:29:39.

concerned a death penalty. I disapprove of long prison sentences.

:29:40.:29:43.

I think they destroy people's souls. I would rather have a just, swift

:29:44.:29:49.

execution of a when nows murder than keeping someone in prison that their

:29:50.:29:52.

soul was destroyed and they took their own lives.

:29:53.:29:54.

Would anyone agree with Peter? That is such a stupid comment. How

:29:55.:30:13.

can you applaud that? It is very true. What about the person who has

:30:14.:30:23.

been murdered? What about the souls of the families who have lost

:30:24.:30:31.

someone? What about them? Where does that come into the argument? I

:30:32.:30:38.

support a charity, it is soul destroying for the person who has

:30:39.:30:43.

taken a family member away by stabbing them 80 times out of cold

:30:44.:30:47.

blood and you were worried about their well-being in prison. You

:30:48.:30:53.

don't understand what I am saying. I believe in hanging heinous

:30:54.:30:58.

murderers. I think they should be hanged by the neck until dead. I

:30:59.:31:02.

think you may have misunderstood entirely what I said. It is really

:31:03.:31:08.

difficult, it is difficult when you hear about Lee Rigby. I sat with a

:31:09.:31:14.

mother, whose son, some of you may remember this story, it was a

:31:15.:31:19.

terrible murder that occurred in the north of this city and her son was

:31:20.:31:23.

in the passenger seat and somebody came along and thought that her son

:31:24.:31:28.

was somebody else and shot him in the back of the head and he was

:31:29.:31:34.

dead, obviously. She had to go through the court process and she

:31:35.:31:38.

then had, when he was convicted of murder and received a long sentence,

:31:39.:31:42.

she had him then turned to her and said, you should have seen what your

:31:43.:31:46.

son's had looked like when I shot him, and I had to sit with this

:31:47.:31:50.

woman and explain to her white I do not support the death penalty. When

:31:51.:31:56.

you hear her raw emotion, she says, I will continue to work, I will pay

:31:57.:32:01.

my taxes, he will come out of prison in his early 40s will stop my son

:32:02.:32:06.

meant -- never made his 21st birthday. That is very moving. Even

:32:07.:32:11.

with that awful emotion I just believe, even though that is the

:32:12.:32:15.

most wicked thing, like the ream -- like the Lee Rigby murder, I still

:32:16.:32:21.

think of the society you are judged by the way you treat even the people

:32:22.:32:24.

who do the most wicked things and that is why I would never believe in

:32:25.:32:26.

the death penalty. APPLAUSE

:32:27.:32:30.

When the population is polled about who is in favour of the death

:32:31.:32:35.

penalty, 58% of young people are in favour of the death penalty and 59%

:32:36.:32:40.

of people who are older. People are reactionary, people don't think it's

:32:41.:32:44.

through properly. I am sad to say Peter did make a good point. He

:32:45.:32:49.

mentioned the fact that police officers have been shooting people

:32:50.:32:55.

without due process. There is Rodney and Mark Duggan, you have to think

:32:56.:32:58.

about cases like that. On the other hand, there should not base date

:32:59.:33:02.

sanctioned murder because too often it goes wrong. You only have to read

:33:03.:33:08.

a book called the exonerated and people who are the victims, who end

:33:09.:33:13.

up getting the best -- the death penalty are poor people and

:33:14.:33:18.

minorities. It is not right. What is happening online? A lot of people

:33:19.:33:22.

are disagreeing with the death penalty. Going against the

:33:23.:33:26.

statistics in that poll. Some would agree, the death penalty can not be

:33:27.:33:31.

brought back soon enough. We need to crack down on criminals, they

:33:32.:33:35.

deserve punishment. This has come in from Michelle. The death penalty

:33:36.:33:39.

should never be reinstated. How can anybody have the power to take

:33:40.:33:43.

somebody's life? It is not your life. You cannot bring back an

:33:44.:33:47.

innocent life after they have been killed. What if a convicted murderer

:33:48.:33:52.

was proved innocent? There are several points. The first is this.

:33:53.:33:57.

Every three years, two people in this country are murdered by a

:33:58.:34:00.

convicted murderer who has been released. They are innocent people

:34:01.:34:04.

who died as a result of the failure of the criminal justice system. That

:34:05.:34:09.

is not seen as an argument for never releasing the victim of a murderer.

:34:10.:34:14.

An awful lot of people so that -- supported the military intervention

:34:15.:34:18.

in Serbia, in which bombs were dropped on Belgrade and innocent

:34:19.:34:21.

people died. All of us support the transport policy, which requires

:34:22.:34:26.

because of mass car ownership, the deaths of 3000 people every year. We

:34:27.:34:32.

licensed the deaths of 180,000 innocent babies through abortion. If

:34:33.:34:38.

you are really -- if you really think that no policy can be pursued

:34:39.:34:41.

if anybody innocent is going to die as a result of it, I would take that

:34:42.:34:46.

from a complete pacifist who believed it is all right to have the

:34:47.:34:49.

country invaded by a foreign power and not resist. If you believe that,

:34:50.:34:54.

you can lay aside the weapon of capital punishment. But otherwise

:34:55.:34:58.

you don't have a coherent argument. Politicians advanced this argument

:34:59.:35:02.

because they are afraid of responsibility. They don't like the

:35:03.:35:04.

responsibility of having to protect the public from savage people. That

:35:05.:35:12.

is why Parliament, there has never been at any point a chance for the

:35:13.:35:16.

public to vote on this. Nobody ever stood at a general election and said

:35:17.:35:19.

we will abolish the death penalty. It was done by a private member's

:35:20.:35:25.

bill. Politicians decided amongst themselves they would abolish it

:35:26.:35:28.

because they did not like the responsibility. People with mental

:35:29.:35:33.

health problems, all too often we are looking people who have got

:35:34.:35:38.

mental health problems. We need to think about that, because sometimes

:35:39.:35:43.

you see people in prison, we keep mentioning Lee Rigby's murderers,

:35:44.:35:47.

psychologically they could not be sound. Peter thinks we are

:35:48.:35:50.

disagreeing with him to be fashionable, but if you are

:35:51.:35:53.

constantly unfashionable, move with the times. The important thing to

:35:54.:36:02.

say about Lee Rigby, is the death penalty enough to make them suffer

:36:03.:36:05.

enough for what they did? Probably not. Do we want to have them

:36:06.:36:10.

tortured before they die? Do we want to have a series of unpleasant

:36:11.:36:14.

processes? If you make your criminal justice system simply about exactly

:36:15.:36:18.

what people deserve, you can never do enough. That is not the way to

:36:19.:36:22.

think about it. Justice is not about revenge. OK. It is time to see what

:36:23.:36:29.

you guys at home have chosen on the leaderboard. We have closed the

:36:30.:36:34.

voting. Here is the leaderboard. The top question is from Emily. She asks

:36:35.:36:39.

should male circumcision be made illegal, like female circumcision?

:36:40.:36:43.

Should male circumcision be made illegal? Peter? No. One of the

:36:44.:36:50.

reasons for the confusion about this is the word circumcision has been

:36:51.:36:53.

used to describe the horrendous operation known as female genital

:36:54.:36:55.

mutilation, which is not circumcision. It is absolutely...

:36:56.:37:05.

Absolutely right. It should never be used. Week asked whether the

:37:06.:37:08.

questioner should keep that language. They said yes. You would

:37:09.:37:15.

not use racist language. It is not female circumcision. You should

:37:16.:37:18.

never use it. It is the most appalling assault on women, to take

:37:19.:37:26.

away... We said FGM, when we set it out at the beginning, we need to

:37:27.:37:30.

phrase questions the way people ask them. That is hate speech, illegal.

:37:31.:37:38.

Your viewer used the term, it confuses people. Male circumcision

:37:39.:37:44.

is a different thing. I personally would not want to circumcise any

:37:45.:37:48.

child of mine. In my own childhood, it was a very medically fashionable

:37:49.:37:52.

thing to do. It was done to a lot of people in my generation. Everybody

:37:53.:37:56.

here knows also that it is a religious requirement for Jews and

:37:57.:38:02.

Muslims, pretty much, arising from a passage in Genesis which both faiths

:38:03.:38:06.

refer to. For them it is a very important sign of the faith. If you

:38:07.:38:10.

start talking about making it illegal, you are possibly using it

:38:11.:38:14.

as an excuse to say unpleasant things about a religious minority,

:38:15.:38:18.

which one should be careful of. My answer is, no, it would provide huge

:38:19.:38:23.

difficulties, conscientious difficulties for Jews and Muslims.

:38:24.:38:27.

It would be almost certainly unenforceable and would take away

:38:28.:38:33.

the possibility of doing something about female genital mutilation.

:38:34.:38:37.

Anna? I am cross because we know that people in the past have used

:38:38.:38:42.

language which is wrong and as we mature we grow up as a society, we

:38:43.:38:47.

get rid of it. To call it female circumcision by people who supported

:38:48.:38:50.

it, to try and give it some sort of credit, when in fact it is the most

:38:51.:38:54.

appalling assault, both psychologically and physically. It

:38:55.:38:58.

is done in order to take away that young child's's future enjoyment of

:38:59.:39:02.

sexual intercourse. That is why it is done. It has terrible scarring,

:39:03.:39:07.

literally physical scarring and mentally scarring. I am really

:39:08.:39:10.

pleased when I was a minister in health, we really tried to get on

:39:11.:39:15.

top of this and we are trying to bring prosecutions. In stark

:39:16.:39:19.

contrast to male circumcision, which is often a medical thing done for

:39:20.:39:23.

good medical reasons, it is practised by some religions, it is

:39:24.:39:28.

totally different to female genital mutilation. Let's get that clear.

:39:29.:39:33.

APPLAUSE A gentleman disagrees? We have to

:39:34.:39:38.

make a distinction. Male circumcision is not objectively

:39:39.:39:43.

wrong. Consenting adults, infants who require it, it is permissible,

:39:44.:39:47.

but to systematically laments circumcision among infants for

:39:48.:39:52.

purely religious regions -- reasons this barbaric. It is... In a secular

:39:53.:40:00.

country we should not allow religion... This is off the top of

:40:01.:40:08.

his head. Domain the genitalia... Week get the idea. I am not an

:40:09.:40:13.

expert in male circumcision but I don't think it is done, what happens

:40:14.:40:20.

with female genital mutilation, that is the most appalling thing, to take

:40:21.:40:24.

away a woman's enjoyment of sexual intercourse. They are totally

:40:25.:40:30.

separate. I don't think, I am not Jewish or a Muslim, there must be

:40:31.:40:33.

people in this audience who can tell us why it is done, but it is not

:40:34.:40:37.

done to prohibit somebody in their sexuality. In fact it does. I agree

:40:38.:40:43.

with everything that Peter and Anna said and it is a problem to put them

:40:44.:40:47.

in the same space because you appear to be treating them with equivalent

:40:48.:40:52.

seriousness. FGM is a huge, barbaric problem. Male circumcision is a

:40:53.:40:56.

different thing. Having said that, you should not make male

:40:57.:40:58.

circumcision illegal. There should be more space within Islam and the

:40:59.:41:02.

Jewish community for gesturing whether or not these have to be an

:41:03.:41:09.

essential part of their religion. Would I want my child to be

:41:10.:41:14.

circumcised? Absolutely not. I would not do it to an adult, therefore I

:41:15.:41:19.

would not do it to a child. I have done work with daughters of Eve, who

:41:20.:41:24.

campaign against FGM, they are brilliant ladies, and I spoke to

:41:25.:41:29.

them about it because having a child and speaking about male circumcision

:41:30.:41:32.

and what they have said is even though it is not the same they

:41:33.:41:35.

personally don't think it should happen to males or females. A lot of

:41:36.:41:41.

people are desensitised to the issue because it is in our culture. The

:41:42.:41:45.

fact is, what sane person looks at a newborn baby and thinks, what a

:41:46.:41:51.

bundle of joy, pass me a knife, let me slice of the fork skin. You are

:41:52.:41:57.

making faces, why do you find... -- the foreskin. For some young babies

:41:58.:42:04.

it is a medical procedure. Men in this room have been circumcised, you

:42:05.:42:09.

are getting worried, sir, but seriously, some people circumcised

:42:10.:42:12.

because you need to be circumcised because you have problem with your

:42:13.:42:18.

foreskin. How would you respond to these people online, who are sharing

:42:19.:42:22.

their stories. I am circumcised and hated. I have my whole choice to an

:42:23.:42:29.

intact body removed at birth, say no to circumcision. I am angry because

:42:30.:42:33.

part of my body was removed without consent. My parents did nothing to

:42:34.:42:38.

protect me. This from Ray, I was circumcised as a child and it caused

:42:39.:42:41.

the numerous problems. It should not have been legal to do that to me

:42:42.:42:46.

without my permission. How do you respond? There is no expert on

:42:47.:42:52.

circumcision. I consider myself an expert. I was circumcised. I don't

:42:53.:42:57.

suffer from any psychological harm, because a lot of people circumcised

:42:58.:43:03.

when they are babies and it is a voluntary act. If you take away the

:43:04.:43:07.

responsibility from the parents, you should also take away the

:43:08.:43:09.

responsibility to send them to school, to do this and that. Saved

:43:10.:43:15.

my life, maybe, it saved my life, because I could have got AIDS or

:43:16.:43:21.

HIV, maybe other things that people could get, so why do people think

:43:22.:43:26.

this is... It isn't medically inconclusive whether there are

:43:27.:43:31.

benefits. You make your point very powerfully. And very movingly. You

:43:32.:43:38.

plainly believe it very strongly. I think what you have said deserves

:43:39.:43:42.

very much to be heard and considered by everybody and makes me think when

:43:43.:43:46.

I hear it and would make anyone think when they hear it. You need to

:43:47.:43:50.

listen to those particularly in the Jewish and Muslim faiths who might

:43:51.:43:53.

argue the opposite to you, with equal passion, and with equal

:43:54.:43:58.

conviction, that they are right. Under those circumstances, is it

:43:59.:44:03.

possible in a free society to make a law of the kind which you require?

:44:04.:44:07.

There is too much disagreement. Also too much danger of what might turn

:44:08.:44:11.

out to be covert religious persecution for that to happen. You

:44:12.:44:15.

may say if we argue about this long enough that among Jews and Muslims

:44:16.:44:18.

living in our society there will come about a movement against it and

:44:19.:44:22.

that might not be a terribly bad thing. But I do not think that

:44:23.:44:26.

banning it by law would achieve that or bring it forward. You should

:44:27.:44:32.

consider there is more to this than what you have said. OK. A lot to

:44:33.:44:38.

think about. We will go to the final question. Should there be stricter

:44:39.:44:49.

punishments for rape? Let's start with you. It share shares certain

:44:50.:44:55.

car ris ticks that it is kind of the wrong question. Only 3% of rapists,

:44:56.:45:00.

or rape cases end newspaper a successful prosecution. How can we

:45:01.:45:05.

bring that number up? I think rape case, certainly there is a very - it

:45:06.:45:11.

is very clear, rape is rape. There is no distinction between different

:45:12.:45:15.

types of rape as far as the action goes. With any crime it is possible

:45:16.:45:20.

to distinguish, with mitigating factors and I think we have a legal

:45:21.:45:24.

system that deals with that successfully. The part it does not

:45:25.:45:29.

deal with, is actually getting rapists prosecuted successfully and

:45:30.:45:33.

having them sent to prison. APPLAUSE

:45:34.:45:37.

The gentleman up here. Your main point there was only 3% of rape

:45:38.:45:43.

accusations end up with somebody being successfully prosecutes and

:45:44.:45:45.

that should go up. Maybe the other side is that perhaps there's some

:45:46.:45:50.

evidence of good work there that there are a lot of false

:45:51.:45:54.

allegations. There is no evidence there is a higher number of false

:45:55.:46:00.

accusations... I am not saying a higher number. To blanketly go - we

:46:01.:46:05.

need to increase this, it should be higher is leading to people being

:46:06.:46:10.

accused more. If you think we should reduce the success of all

:46:11.:46:15.

prosecution events to 3%... If you are saying that rape is this special

:46:16.:46:19.

case where... I am not making a case for a special case. You kind of are.

:46:20.:46:26.

There is another argument, there is a low prosecution rate... As far as

:46:27.:46:31.

punishment goes there - if someone is accused of rape, at the moment -

:46:32.:46:36.

their name can be made public. The accuser's name can't. That person's

:46:37.:46:39.

reputation - they could lose their job. They could lose a family, and

:46:40.:46:44.

they may not have done anything. It is very odd that you don't...

:46:45.:46:50.

Nobody makes these arguments about any other crime apart from rape. I

:46:51.:46:55.

think that is odd. Rape is often the most difficult case to prosecute.

:46:56.:46:59.

When the issue is consent, so you have two people - it tends to be a

:47:00.:47:03.

man and woman, who are known to each other - it is not denied that sexual

:47:04.:47:08.

intercourse took place, but the issue is consent. They are very

:47:09.:47:12.

difficult to prosecute. The maximum sentence for life is -- for rape is

:47:13.:47:17.

life. In my experience, judges get it right. If you are convicted of

:47:18.:47:21.

rape after trial, you could expect to go away for at least five years.

:47:22.:47:26.

At least five years. And then, as many people in here will know from

:47:27.:47:31.

their experiences, there will be certain circumstances where it is

:47:32.:47:35.

higher and higher. My experience, judges get rape and they know how to

:47:36.:47:42.

sentence and they dish out, quite rightly, tough sentences. It is one

:47:43.:47:46.

of the most serious, appalling crimes which can be committed. I do

:47:47.:47:51.

realise obviously that rape is very hard to convict, but, you know,

:47:52.:47:55.

surely 3%, that is not really high... I thought it was higher than

:47:56.:48:01.

that. That is not very high. Surely there should be stricter laws,

:48:02.:48:05.

considering it is one of the worst crime to commit, because you don't

:48:06.:48:10.

give consent to give sexual intercourse. Repeat offender, if

:48:11.:48:14.

they are not caught in time, it will be worse. Surely the Government

:48:15.:48:19.

should be able to clamp down on the laws to make it harder for people

:48:20.:48:23.

not to get away with it and put them behind bars. I think nobody is

:48:24.:48:28.

arguing about the horrible nature of rape or the need to punish convicted

:48:29.:48:32.

rapists. What seems to be behind this is a willingness to set aside

:48:33.:48:37.

the greatest protection that our liberty has - which is the

:48:38.:48:42.

presumption of innocence. No-one can put you in prison in this country

:48:43.:48:47.

until they have proved, to the satisfaction of a jury, that you

:48:48.:48:49.

have done what you are accused of. It is very difficult to do that in

:48:50.:48:53.

the case of rape, because it is often the case of one person's word

:48:54.:48:58.

against another. Some of you will have sat on juries. All of you

:48:59.:49:08.

probably will. When we aagreed to send somebody to

:49:09.:49:13.

prison and ruin his life forever, then you have to think very hard

:49:14.:49:17.

about whether and what you believe. How you can get rid... I would pay

:49:18.:49:25.

almost any price to preserve jury trial on the presumption of

:49:26.:49:29.

innocence, because they are the absolute, solid bedrock of the

:49:30.:49:34.

liberty. More valuable than democracy, more valuable than

:49:35.:49:41.

anything else in keeping the state too powerful. It may be you one day

:49:42.:49:46.

who is more easily convicted as a result. Then you'll know what it

:49:47.:49:51.

means. You are blaming the victim there. You are the person that is

:49:52.:49:55.

installing rape culture into this country. The reason there is such a

:49:56.:49:59.

small amount of people that are convicted is because people don't

:50:00.:50:02.

report it because of rape culture. There needs to be a change in the

:50:03.:50:06.

attitude of people. Poor people who are convicted of rape - how their

:50:07.:50:11.

lives are ruined. Forget about that - the victim has to live with that

:50:12.:50:14.

for the rest of their life. Yet, you are saying the person who has done

:50:15.:50:19.

it - oh, they will go for prison for five years - that is so hard for

:50:20.:50:23.

them to do. There is a footballer who has been convicted of raping a

:50:24.:50:27.

19-year-old girl. Do yacht name him, please. -- do not name him, please.

:50:28.:50:35.

He heed a so many people go, he his life has been ruined because he's

:50:36.:50:40.

raped this girl. We will move away from specifics. It does not proved

:50:41.:50:50.

right... This is one of the most sexist countries because of the

:50:51.:50:52.

crucial sexism. It is disgraceful. We need to look at preventative

:50:53.:51:03.

causes of rape and look at the breakdown of the family and fathers

:51:04.:51:08.

not being around and the way that people treat women. Men in society

:51:09.:51:14.

and that needs to go back to the family unit being re-established and

:51:15.:51:18.

being important and being supported by the Government. The lady with the

:51:19.:51:24.

blue hair. Before I got interrupted, basically people are terrified of

:51:25.:51:27.

coming forward when they have been raped. We need to get rid of that

:51:28.:51:32.

for people to be convicted properly. Because, well, who on earth would

:51:33.:51:37.

want to go through being asked how much you have drunk, what you were

:51:38.:51:41.

wearing, what you were doing when it has nothing to do with it whatever.

:51:42.:51:46.

APPLAUSE I absolutely promise you, you do not

:51:47.:51:51.

get asked those questions now. I have someone I know who has been

:51:52.:51:55.

asked that. It used to be the case that there were people who would be

:51:56.:52:00.

asked, what were you wearing? Somebody drink plays a part, if you

:52:01.:52:03.

are saying you cannot remember this, that or the other. The idea that you

:52:04.:52:07.

would be asked what you were wearing. This was a year ago and she

:52:08.:52:12.

was asked about that. I will happily talk to you about that. Judges and

:52:13.:52:16.

barristers do not ask those questions. You are right. I would

:52:17.:52:20.

put that into the mix. Just stop and think about it, for somebody to go

:52:21.:52:24.

forward and to make an allegation of rape, how likely is it that they

:52:25.:52:28.

would actually make that up when they know what will happen when they

:52:29.:52:33.

do have to go to court and have to relive it? And the idea that people

:52:34.:52:40.

make up rape is absolute nonsense. They do get anonymity. The other

:52:41.:52:46.

important thing to say, is however well judges, lawyers and police

:52:47.:52:50.

officers behave, we talked about the idea of rape culture - there is real

:52:51.:52:55.

truth oh to that. It is ultimately juries who decide. It is right it is

:52:56.:53:00.

vital to preserve the primacy of jury trials and treat them with the

:53:01.:53:03.

seriousness they deserve. But, if you have a culture in which rape is

:53:04.:53:07.

constantly questioned in a way that we really don't question people who

:53:08.:53:11.

claim any other crime has been committed against them. We don't say

:53:12.:53:15.

if you are walking down the street and mugged, well you should not have

:53:16.:53:20.

had money in your pocket! We say on the other hand, you still hear

:53:21.:53:27.

people about wearing short skirts as somehow a contributory factor. Can

:53:28.:53:35.

we bring in views of people at home. Oliver says:

:53:36.:53:44.

Interesting. I just think, you know, as ar chi

:53:45.:54:03.

said it is very -- Archie said it is a very emotive question. Sometimes

:54:04.:54:08.

people rape several times. Because rape victims feel ashamed. Sometimes

:54:09.:54:13.

when somebody else has come forward it allows others to come forward. If

:54:14.:54:18.

we look at cases of child abuse. There is almost safety in numbers.

:54:19.:54:23.

It is a hard balance to strike. The lady here. People are, people don't

:54:24.:54:28.

come forward because the sentence is not long enough. Life is not life.

:54:29.:54:33.

Life is, OK, so I'll be good in prison and they'll let me out.

:54:34.:54:39.

That person has to live with that for the rest of their lives. Like, I

:54:40.:54:46.

am not talking from experience, but the rapist gets to walk free. You

:54:47.:54:51.

feel punishment should be stricter. When you get life, you are given the

:54:52.:54:55.

license of 99 years. You can be recalled to prison absolutely any

:54:56.:54:58.

time. If you are seen with the wrong

:54:59.:55:02.

person. People don't understand that when they say life not being life. I

:55:03.:55:07.

disagree. They should not be let out because they are in prison for a

:55:08.:55:13.

reason. I am not sure it works like that. I don't think people make the

:55:14.:55:16.

decision about whether or not to report a crime based on the length

:55:17.:55:20.

of a sentence that the person will get. What they... I am not saying

:55:21.:55:24.

they don't care about it massively. It is a contributing factor though.

:55:25.:55:28.

They want the person to be caught and found guilty. If they do not

:55:29.:55:32.

think there is a pros eblingt pect -- pross pect of that, that is the

:55:33.:55:37.

thing that -- prospect of that, that is what persuades them. We are

:55:38.:55:41.

talking about such a sensitive subject. There are so many factors

:55:42.:55:46.

to consider. The point the lady with the blue hair made - why should

:55:47.:55:50.

victims be asked such personal questions? The defending barrister

:55:51.:55:54.

has to make sure that beyond reasonable doubt a case has been

:55:55.:55:59.

proven. If the questions are not asked, how can we rely on the

:56:00.:56:06.

judgment made at the end. It is difficult from every angle. We, as a

:56:07.:56:09.

society, have to work out how to make this better for the victims and

:56:10.:56:14.

better for the judicial system. 3%, quite frankly, is not good enough.

:56:15.:56:18.

Absolutely right. That is unfortunately all we have time for.

:56:19.:56:21.

We'll be off air now until the autumn. We are. Thank you for all

:56:22.:56:28.

your comments and tweets. We hope nothing contentious happens in the

:56:29.:56:31.

next few months. See you in September. Good night.

:56:32.:57:01.

Are you sure you want to know what this is all about?

:57:02.:57:16.

I want my daughter. What are you going to do, start shooting people?

:57:17.:57:20.

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