Outlined in the Canadian Criminal Code, the Dangerous Offender Designation is a procedure that outlines the severe criminality of individuals who continuously pose a deep threat to Canadian society. As a method of deterrence, the Dangerous Offender Designation imposes an indeterminate sentence to prevent the possibility of continuous harm made to the well-being of the public. Outlined in s.752 of the Code, it implores a variety of conditions that demand a person to be given an indeterminate sentence for committing a pattern of repetitive serious and violent offences until they are no longer viewed as a risk. Interviewing various individuals labelled as dangerous offenders, The Unrepentant perfectly captures the reality of dangerous offenders …show more content…
The incapability to refrain from entertaining negative thoughts underlines his position as an impulsive murderer and rapist; this fact complements the conditions stated in the second threshold of the Dangerous Offender Designation. The process of designating Lee as a dangerous offender begins with the first threshold condition. It states a crime, particularly a personal injury offence, is indictable with a sentence starting at 10 years (Reynolds, 2023 -Week 5). Descriptive of the criminal background of Melbourne Lee, the narrator reveals the criminal background of Melbourne Lee. They inform viewers of the registered offender’s preference to target adult women and female minors. Additional information on the historical cases Lee is convicted of reveals his preferred killing techniques such as maiming and incapacitation. Stemming from the 1980s, the accumulation of charges pressed against Melbourne Lee confirms his position as a dangerous
Denunciation is a condemnation or criticism of another’s actions (O’Regan, Reid, 2013). Through Bourque’s sentence, Gunn condemned Bourque’s actions and sent a message to society that his crimes were extremely heinous and will not be tolerated. Similarly, his sentence was retribution-based, as retribution is the belief that the severity of the sentence should depend on the seriousness of the crime and not the seriousness of the individual (O’Regan, Reid, 2013). This is demonstrated by Bourque’s precedent defining sentence, his lack of parole eligibility and its corresponding disregard for Bourque’s individual needs as an offender. Cameron Gunn’s retribution-focused thinking was also demonstrated in Bourque’s trial, as he argued that Bourque’s crimes were “among the most heinous this country has seen and they warranted a sentence that would give precedence over rehabilitation” (MacDonald 2014). In addition to focusing Bourque’s sentence on the theoretical principles of denunciation and retribution, Gunn also focused his sentence on deterrence, specifically general deterrence, as it is meant to discourage all other potential offenders from committing crimes (O’Regan, Reid, 2013). In Bourque’s case, the severity of his sentence and corresponding lack of parole eligibility is
A society that presumes a norm of violence and celebrates aggression, whether in the subway, on the football field, or in the conduct of its business, cannot help making celebrities of the people who would destroy it. Unfortunately, such acts of rampage have become a prevalent factor in the Canadian culture. As a result of endless media coverage, Canadians now are constantly bombarded with numerous images of violence. Many of which often portray a victim avenging their opponent by means of force. Thus, indoctrinating a nation of individuals to believe that it is only through aggression that problems can be resolved. Rather than being punished for acts of violence, those who commit such offenses are often praised for their “heroism”. In addition, the success of films like The Godfather, Gladiator, and Troy further aid in reinstating the fact that we live in a society that praises violence. Furthermore, this ideology allows for individuals to partake in violent acts with little or no backlash from ones community. However, when an individual strays away from the “norm”, they are likely to then be viewed as a deviant. Such cases of rejection within a society, are often seen in the portrayal of serial killers. Although our society tends to condone violence when it is directed towards a specific individual(s), it does not allow the killing of innocent bystanders. Instead, crimes that are targeted against a number of people over a long period of time, entail the harshest forms punishments under the law. Sadly, in executing the law for said crimes, those in charge often face much public scrutiny. Such occurrences were apparent in the faulty murder investigations of Canada's most notorious serial killer Robert Pickton. This is due to the ...
A society that presumes a norm of violence and celebrates aggression, whether in the subway, on the football field, or in the conduct of its business, cannot help making celebrities of the people who would destroy it, (Lapham, 1985). Unfortunately, such acts of rampage have become a prevalent factor in the Canadian culture. As a result of endless media coverage, Canadians now are constantly bombarded with countless images of violence. Many of which often portray a victim avenging their opponent by force. Thus, indoctrinating individuals to believe that it is only through aggression that problems are resolved. Rather than being punished for acts of violence, those who commit such offenses are often praised for their “heroism”. In addition, the success of films like The Godfather, Gladiator, and Troy further aid in reinstating we live in a society that praises violence. Furthermore, this ideology allows for people to partake in violent acts with little or no backlash from ones community. However, when an person strays away from the “norm”, they are likely to then be viewed as a deviant. Such cases of rejection within a society, are often seen in the portrayal of serial killers. Although our society tends to condone violence when it is directed towards a specific individual(s), it does not allow the killing of innocent bystanders. Instead, crimes that are targeted against a number of people over a long period, entail the harshest forms punishments under the law. Sadly, in executing the law for said crimes, those in charge often face much public scrutiny. Such occurrences were apparent in the faulty murder investigations of Canada's most notorious serial killer Robert Pickton. This is due to the fact that, the negligence of the Vancou...
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as they result in very few positive outcomes for the offender and society, increase recidivism rates, are very expensive, and in many cases are detrimental and unjust. Throughout this essay I will discuss two main cases that represent an unjust sentencing outcome due to the mandatory minimum sentencing laws. I will stress how it should be the discretion of the judge to individualize the sentences based on the offender’s mitigating factors, aggravating factors and background. Leroy Smickle is the first case discussed through the essay, which ended with the judge striking down the mandatory minimum sentences in Ontario due to the possession of a loaded gun. Robert Latimer was also a highly controversial Canadian case about a father who killed his mentally disabled daughter out of compassion to end her severe suffering. I will be using many academic articles throughout this essay to give empirical support to the overall argument.
In today’s Canadian society, it is certain that criminal law is to serve and protect and its fundamental purpose is to prevent crime and punish offenders. However, there have been cases where criminal law has punished the offender who turned out to be innocent. A conviction is needed to show that the system is not in disrepute and to keep order and people safe in society. If a criminal cannot be caught then people will look down upon the system in disgrace. In many cases, officers will arrest an individual who fits a certain description that they know will lead to an arrest and conviction. In the case of Guy Paul Morin it shows how the system failed in aiding the innocent who abide to the law. The law is established to protect those who are innocent from being targeted because of the law.
Griffiths, C. T. (2007). Canadian Criminal Justice: A Primer (3rd Edition ed.). Toronto: Thomson Nelson.
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
One of the most commonly used classification systems for offenders is the combination of risk assessment and need assessment. The combination of these two systems of classification is rather new. The earliest types of classification focused mainly on offender risks by using custody classification and separating prisoners into minimum, medium, and maximum security (Van Voorhis et al., 2009). Early risks assessments appeared to only focus on historical factors that did not tend to change over time. A supplement of the classification was introduced with the original needs assessment system. The needs assessment was meant to offer information relevant to treatment (Van Voorhis et al., 2009). Unfortunately, the needs assessments were rarely used for the purposes of locating treatment. The introduction of models that combined the two assessments was paramount because it opened assessments up to the idea that factors change over time that influence offenders.
McCormick, C. (September 17,2013). Crime Matters: The Criminological Imagination and Public Criminology. Public Lecture. Brantford.
“It’s really clear that the most effective way to turn a nonviolent person into a violent one is to send them to prison,” says Harvard University criminologist James Gilligan. The American prison system takes nonviolent offenders and makes them live side-by-side with hardened killers. The very nature of prison, no matter people view it, produces an environment that is inevitably harmful to its residents.
As the current prison structures and sentencing process continues to neglect the issues that current offenders have no change will accrue to prevent recidivism. The issue with the current structure of the prison sentencing process is it does not deal with the “why” the individual is an social deviant but only looks at the punishment process to remove the deviant from society. This method does not allow an offender to return back to society without continuing where they left off. As an offender is punished they are sentenced (removal from society) they continue in an isolated environment (prison) after their punishment time is completed and are released back to society they are now an outsider to the rapidly changing social environment. These individuals are returned to society without any coping skills, job training, or transitional training which will prevent them from continuing down th...
Sacco, V.F and Kennedy, L.W (2011). The Criminal Event: An Introduction to Criminology in Canada. Toronto Cengage Learning.