Unfair trials

5. Pattern evidence concealed. Judge Fox says an understanding of facts depends heavily on context. Patterns of criminal behaviour have been concealed since 1894.

The rule obliges prosecutors to deceive jurors: repeat offenders, e.g. white and blue collar organised criminals and serial rapists, are presented as first offenders.

6. Contaminated evidence concealed. Evidence which was improperly gained is totally barred in the US. The Australian rule is that such evidence goes in only if it is reliable and if the alleged crime is worse than the investigators' misbehaviour.

Note. Judges accept evidence contaminated by lawyers' sophistry.

7. Any or all evidence concealed. In 1914, in what is called the Christie discretion, English judges gave judges the power to conceal any or all evidence if it might prejudice the jury against the accused.

A detective said: "As far as I can see, prejudicial means evidence that proves he did it." In some cases, jurors would be stupefied if reporters were to reveal evidence thus concealed after the verdict.

8. The jury formula. About 25% of guilty defendants get off because jurors do not know what "beyond what reasonable doubt" means, and judges are not allowed to tell them it simply means: Are you thoroughly convinced?