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Canadian laws regarding police misconduct
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According to the fundamental principles of justice, like cases should be treated alike. This means that all cases should be treated the same no matter who is involved or not. I believe that Forcillo got off easily and his verdict was lenient because he is a cop. Many would argue that Forcillo had the right to fire against Yatim because he was protecting the community, even though I believe this is true I felt the the second and third rounds were unnecessary and weren’t accounted for when the verdict was given to Forcillo. Until now, police in Canada have not faced any criminal charges if they have murdered someone in course of duty. I feel that this is true although Forcillo unessarily killed Yatim who had no harm to the cops nor community
In June 2014, Justin Bourque was charged with three counts of first-degree murder and two counts of attempted murder after shooting three RCMP officers and wounding two others in Moncton, New Brunswick (Chronicle Herald 2014). He was subsequently convicted and sentenced to life in prison with no chance of parole for seventy-five years (Chronicle Herald 2014). Bourque’s sentence is unprecedented and is the longest sentence in Canadian history (Chronicle Herald 2014). A Canadian judge has not given a harsh a punishment since the final executions in 1962 (Chronicle Herald 2014).
In June 2014, Justin Bourque was charged with three counts of first-degree murder and two counts of attempted murder after shooting three RCMP officers and wounding two others in Moncton, New Brunswick (Chronicle Herald 2014). He was subsequently convicted and sentenced to life in prison with no chance of parole for seventy-five years (Chronicle Herald 2014). Bourque’s sentencing is unprecedented and is the longest sentence in Canadian history (Chronicle Herald 2014). A Canadian judge has not given a harsh a punishment since the final executions in 1962 (Chronicle Herald 2014).
Evidently, Truscott received financial compensation for the ordeal and the suffering it brought to his life by being awarded $6.5 million from the Government. This led to the conclusion that in this case (like many others) the police were solely and unjustly targeting one person. I learned a great deal from this case about Canada’s previous laws. Prior to the case, I had known about the death penalty and that it was legal in Canada, but I did not know when it could be implemented.
According to the newspaper the Chicago Tribune there has been 876 homicides since the beginning of January 2014. Making shootings like the one of Laquan McDonald seem irrelevant. The only reason I was able to become aware of this shooting was because the procedures and policies that were being implemented by the police department and city of Chicago were not right. This led a reporter named Brandon Smith who wanted to know the reason why a teen with a knife was gunned down with 16 shots by a police officer who was not alone in this fight. The reporter sued the police department demanding them to release the video of the police cruiser that caught the whole incident on tape. In the video, it shows Laquan walking in the middle of the road, when several police cruisers pull in front of him. As soon as Laquan notices the police officers getting off, he starts moving away from the police cruisers. This is when police officer Van Dyke unloads his weapon and hitting Laquan with 16 shots leaving him for dead on the road. According to the Rules of Conduct by the Chicago PD, found online at the website chiacagopolice.org, it states under Rule 11 “Incompetency or inefficiency in the performance of duty”. This is a rule that should well known to every officer not only in Chicago and it was not followed by officer Van Dyke because the video clearly shows him
Crime control and due process are two different ideal types of criminal justice. One could say they are extremes on a continuum. The role of crime control is to get the criminal off the street and to protect the innocent. The due process model of criminal justice is like an obstacle course, you have to keep going through legal obstacles to ensure in the end you convict the right person. In Canada the police lean toward crime control and the courts lean toward due process. This causes tension between the police and the courts. I will argue for both crime control and due process, putting more weight on due process If we did not have due process in Canada, people in positions of power, could manipulate the system for their own personal or political gain and railroad the innocent off to prison.
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.
The Canadian Justice system is run like a well-oiled machine. It is based on the fair and humane treatment of suspects who remain innocent until proven guilty. There is one big question that has been debated since July 14th, 1976 - should the death penalty have been abolished in Canada? The new younger generation of Canadians seems to agree with me that the death penalty should be resurrected in Canada.
In the USA there is a great divide between their people and their many contending loyalties, a situation like this is what we are trying to prevent in Canada. Many groups are at conflict over religion, language and race. One example of this is the Black Lives Matter movement. It started in 2013, in response to the fatal shooting of Trayvon Martin, an unarmed black teenager from Florida. Since this incident there have been many instances of people in authority racially profiling blacks, which consequently often leads to police brutality. Such as the deaths of Michael Brown, Eric Garner, Freddie Grey and Tamir Rice. All of these men were unarmed and unjustly killed. Protests started to pop up around many major cities in the USA, demanding for the police force and government to change their ways. Two major protests were in Ferguson, MO in 2014 and Baltimore, MD in 2015. Both were triggered by brutality against members of the black community. In Ferguson the protests were fueled by the death of Michael Brown. Brown had robbed a convenience store and when questioned allegedly attempted to grab the officer’s gun. The police officer discharged his gun, injuring the man who then fled. Brown turned to surrender, raising his hands above his head the office fatally shot him, claiming he had charged at him. Brown’s body was left in the street for four hours after the shooting, which greatly
Throughout history there has been many problems involving racial profiling and police misconduct. Very rarely do police get the proper punishment for their wrong doings. One of the most recent cases was the Oscar Grant case. Oscar Grant was 22 years old when he was killed because of police misconduct. He was killed on New Year’s Day 2009 by Ex-BART cop Johannes Mehserle. This misconduct made the people of Oakland extremely angry because they lost one of their own. After the shooting many people around Oakland started protesting. This lasted for months on end because people were very angry. Bystanders videotaped the incident. This has been one of the most racially polarizing cases in California (Ravindhran).
Although accountability has always been an issue, the injustices that are currently occurring make it priority. Police officers are getting “special treatment” and are not facing charges for crimes they have committed. Police officers are not held accountable for their a...
The Supreme Court Case, Kisela v. Hughes established that the Tuscon police officer, Andrew Kisela, did not break any laws due to his actions of shooting Amy Hughes. When I first read the introduction to this case, I was not surprised with the outcome. I trust that when I hear a policeman has been given the authority to carry a gun and protect the community, they will have the proper training to make the right decisions in the few moments they have to make life-and-death decisions. Police officers should be trained to make decisions (like shooting someone) very fast, but sometimes we forget that they are people too. I think that Officer Kisela made the decision that he thought was the right one in the moment. This woman was not responding to the officer that was giving her clear directions, had a dangerous knife, and appeared to be a threat to other people. Even though the other woman claimed she didn’t feel threatened, the officer had only the
But should that also mean the same thing for people when they are dealing with the police. I said earlier that some people that are cops shouldn’t be cops and that is why they should be held higher standard and they should be able to get fired when they people in charge see a pattern of misconduct or know that they are not good people. It should not have to come down to something tragic to happen to realize they should not be a cop any more. Unarmed people getting killed by the hands of the police and the same police only getting a slap on the wrist or worse yet not getting charges. There have been plenty of stories recently in the news about these same types of cases. Example of Officer Ringgenberg and Officer Schwarze of Minneapolis, MN not getting charged with the death of unarmed man while attempting arrest. A police officer is a great Job for great people, but you have to hold great people to higher standards because you know they are great and can do great things if pushed in the right direction. The bottom line is this: It 's not just a job. It becomes part of whom and what you are, and there are not many professions that can get into your blood like law
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday, forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have when to use force or when to use lethal force.
As of the 16th October 2015, a new investigation was conducted into allegations that corruption within the Metropolitan Police shielded killers. Due to this investigation taking place, this illustrates that Recommendation 1 from The Macpherson Report had not been implemented, this Recommendation stating that ‘a Ministerial Priority be established for all Police Services: "To increase trust and confidence in policing amongst minority ethnic communities".’ This investigation into allegations that the Metropolitan Police shield killers illustrates that there have been little changes in the police force to help increase the publics’ (particularly those of an ethic minority) trust and confidence in policing, due to the potential corruption of the police force, and their lack of reliability to bring justice to those who deserve
There are tons of victims of police 's abuse of power, and most of them weren 't justly recompensed. ...