Murder Most Foul by J. S. Dean (1947)

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for pedestrians to cross roads of more than 40 feet in width within a hundred yards of a pedestrian crossing, and in 1940, when it asked from its member their views on the creation of a similar pedestrian "offence," of crossing any road "within say 25 yards of a pedestrian crossing." But apart from these considerations, the Society's declaration of policy is merely a part-concealment or simulated justification of its real policy, this being of the general character described, viz. to present and deal with the motor slaughter in the terms of " ducation as the real, or main remedy. *

C. " SAFETY FIRST " FOR DRIVERS As an example of the Royal Society's propaganda may be taken its "War-time Bulletins ": it published surveys of the alleged behaviour of the different classes of road-users during the war. Reference will also be made to the Society's "Safe Driving Competitions." The methods employed by the Royal Society in its "Wartime Bulletins" were simple and direct: First, it based the bulletins on reports of inquests, (2,505 held during the period, SeptemberDecember, 1940), although everywhere else it is admitted that when they become judicial inquest proceedings on road deaths, and, indeed, on all other fatalities, usually become grossly misleading. (Characteristically, how the inquests were selected- they were about a half of the total held- and what reports were used was not explained). Secondly, it devoted the Bulletins mainly to the "behaviour," i.e. the alleged behaviour of the victims, thus, directly or by implication placing the responsibility for the accidents on the victims i.e. in the great majority of cases on the nondrivers. Thirdly, it distorted the reports. Each of these points deserves amplification: (1) It has, of course, been recognised on all sides in recent times, that, in respect of all classes of fatalities the coroner's inquest becomes merely mischievous when it attempts to become judicial. The Report of. the Departmental Committee on Coroners (1936) said: " In our opinion, the Coroner's jurisdiction ought to be limited to an investigation of the facts, how, when and where the death occurred. * So moved to admiration were the Automobile Association by the Royal Societv's activities in regard to the speed limit that in 1934 they voted the Society ÂŁ1,000 as part of its own campaign in opposing the measure.

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That investigation of facts should be clearly distinguished from the trial of liability whether civil or criminal. The Coroner's Court is not equipped for such an enquiry: its procedure does not include the machinery for the decision of questions inter partes. There is no issue of liability properly before the Court and no proper opportunity for the examination of the question of law which an issue of liability, whether civil or criminal, involves. The law provides appropriate tribunals for the settlement of questions of personal responsibility. (p. 33).* At inquests on pedestrians and cyclists killed on the roads the following particular circumstances are nearly always present. (1) The main-indeed often the only-evidence is that of the driver, or of the driver supported by that of' companions in the car, and of course usually this is carefully scrutinised and revised beforehand by the insurance company or the employer. (2) The driver's evidence is accepted with especial readiness in relation to the deaths of children and elderly persons i.e. in the great majority of pedestrian cases. (3) If the circumstances appear to be unpropitious the driver can refuse to give evidence. (4) Almost, invariably the driver is represented by counsel provided by his insurance company or employer, while the relatives of the victim, usually persons of limited means and experience, are seldom so represented. These particular circumstances then, added to the defects common to all inquests, produce inevitably a general gross bias in favour of the drivers. Certainly a small minority of the coroners- to their great honour- have not hesitated to denounce the motor slaughter and to draw attention to the main cause, i.e. the drivers' abuse of speed, but they have been far outweighed by the much greater number who have not hesitated to return "judicial" verdicts of the kind described. Indeed so thoroughly have inquest verdicts come to be identified as being in favour of the drivers, that when open verdicts are returned these are invariably interpreted by the public in this way, and the process is often completed in the courts by the addition of riders. (If any special proof of this general gross bias is desired, it will be found in the fact that not


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