Apex Scotland Annual Lecture 2020: 'Courage of Convictions: Progressive visions and allies in uncertain times'

Abstract

The lecture speaks of moral courage and professional and political bravery, and the types of strategies in and beyond Scottish justice that will require them. It considers how emerging from the exceptional circumstances and adversity of the COVID-19 crisis offers opportunities for doing justice differently. This is not about decorating the criminal justice system in silver linings. Being a high punishment society is not inevitable. A range of strategies are discussed, such as decarceration, diversion, decriminalisation, activism, sentencing and prosecutorial reform, and matters of health, welfare and social justice. In strategising how Scottish justice can recover and move on from the impacts of COVID, I warn of the need to avoid what I call ‘band-aids that wound’, or bandages that wound. Things designed to help in one way may, paradoxically, harm or hinder in others. The lecture also emphasises how the strength of our relationships rise to the fore in times of crisis and it is relationships among diverse allies that will be critical to making real progress in the days ahead.