I have no desire to dampen the wave of public outrage at Judge Peter Bowers’ bravery comment, rather I would prefer to direct it past the sound-bite to the heart of the matter, as the case is indicative of the fundamental problems of our so-called justice system.

Calling serial burglar Richard Rochford brave was of course a politically stupid thing to do, but what is worse is that the sentence handed down was in no way out of the ordinary. The judge was following the guidelines, and if it hadn’t been for his foolish comments, it would have passed unnoticed by the media.

Judges like Bowers evidently do not consider burglary to be a serious crime. For the rest of us it is indeed a very serious matter. Not only does it entail a violation of one’s home and property by the criminal, if the victims are present at the time and have the temerity to defend their property – which is their inalienable right – they will most likely be arrested and abused by the very authorities who purport to defend us from criminals, as a present high-profile case illustrates. Furthermore, the victims will get no recompense or restitution from the aggressor.

Somewhat overlooked in the furore over the bravery comment is something else the judge said which is even more telling. From the Mail:

“Judge Peter Bowers took the astonishing decision not to lock up Richard Rochford after saying that prison ‘very rarely does anybody any good’”

Again we see the gulf in perception between the judiciary and the ornery people, for whom prison is supposed to be intended as a punishment inflicted on wrong-doers and thereby a deterrent, rather than some kind of therapeutic experience.

Also central to this case is the wrong-headed treatment of drug use. Rochford’s apparent drug addiction is held as a mitigation for the seriousness of his crimes. We are told he developed an addiction to a heroin substitute during a previous period of incarceration, and was so pilled up at the time he can hardly recall committing the crimes in question – which rather undercuts the judge’s claim of bravery.

This constantly-reinforced connection between drug-taking and crime is pernicious. It is used to deny individual responsibility. As long as idiot judges fall for the line “I’m sorry for wot I dun, but it was the drugs wot made me do it”, then criminals will continue to claim it. As Theodore Dalrymple makes very plain in ‘Romancing Opiates’, based on his wide experience including as a prison doctor, if there is a causal link between drug-taking and criminality, it usually runs in the opposite direction to the one supposed by the authorities.