(From “The Times”)
Solicitor Jane Caird, defending…urged the court not to jail Morgan because she was extremely distressed by the prospect of being sentenced to a prison term.
“I’m asking the court to deal with it without sending my client to custody. She is extremely fearful of that and feels it would put her ten steps backwards.”
Sheriff Alistair Carmichael placed Morgan on a tag for three months to cover all of the cases and ordered her to stay indoors between 7pm and 7am each day.
He said: “The combination of these offences puts this at the custodial threshold, so it would be worthy of a prison sentence, but I’m obliged to look at alternatives.”
Obviously I’m aware of the phenomenon of institutionalisation as it specifically relates to [habitual] offenders; but it cannot be overemphasised that it is in fact completely normal for people to be horrified at the idea of being sent to prison. The way that’s meant to work, though, is that fear would act as a deterrent should an individual consider engaging in criminality - or in behaviour (eg the consumption of alcohol) they know for them personally is likely to result in their engaging in criminality. This whole “commit crimes” “wail about not wanting to go to prison because they are a delicate wee blossom” “be indulged by judicial system” “commit more crimes” cycle is as enraging as it is unsurprising.
Some judges need to have a think about the oath they swore/affirmation they made on becoming judges; specifically their promise to “…do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.” Because at the moment some manners of people are receiving significant favour & [apparent] affection.