Newsnight - Season 2011 Episode 169 06/09/2011

Ken Clarke has blamed a "broken penal system" for the riots that erupted across England last month. Writing in the Guardian, he said the "hardcore" of those involved were known criminals whose behaviour had not been changed by previous punishments. Tonight Liz MacKean reports on whether the justice secretary's assessment is correct and what can be done. Also, former News of the World legal manager Tom Crone has told members of a House of Commons committee investigating the News of the World phone-hacking scandal that he was "certain" he told James Murdoch about an e-mail which indicated hacking at the paper went beyond one rogue reporter. In a previous Culture, Media and Sport Committee hearing, News Corp bosses Rupert and James Murdoch said they were not told of an email. And today James Murdoch has said that he stands by what he said. David Grossman will be assessing the discrepancies and whether they are likely to dim News Corporation shareholders' view of James Murdoch and his chances of one day becoming head of News Corporation. And Stephen Smith is looking at some of Britain's worst performing high streets, and with the help of retail adviser Mary Portas, assessing whether they can be saved and if we should even try.