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Faults in the Canadian justice system
Various theories of punishment in criminal law
Faults in the Canadian justice system
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Punishments for crime in Canada. If this bill is put forwards it will affect all the classes of people, middle, upper and lower. In our lives we like not having to worry about getting robbed or killed but not everyone can be worry free about crime. I would like to make it so that no one will have to worry about crime. Lots of places in Canada, people have to worry about crime and I believe the reason for this is because the punishment isnt harsh enough. “ A criminal should not be allowed to enjoy a better quality lifestyle than the victim. And in the case of first degree murder, even life in prison presupposes a better lifestyle than that of the deceased and, thus, the criminal’s death is logical. Not immoral, barbaric or vengeful, just fair.” said Jeffrey W. Tighe, Toronto. …show more content…
Most people if they want to kill someone bad enough they will be fine with ten years. So people will commit the crime anyway, but on the other hand if they are faced with a death sentence they are likely to think twice before killing someone. “The main purpose of the death penalty is not justice, or retribution or deterrence — it is protection of society. It is about making sure that the killer does not kill again.” said Pavel Sorokin. The death penalty would scare people out of committing serious crimes. On the other hand non-violent crimes such as property crimes, such as theft, embezzlement, and receipt of stolen goods, arson. Should have a raised sentence to also lower the amount of non violent
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.
Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets different aspects of sentencing goals. Justice systems commonly focus on either rehabilitative or retributive measures.
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.
Canada has been a fully abolitionist country since the 10th of December 1998, and has since continued to maintain a strong anti-death penalty attitude (Amnesty, 2015). The last death penalty sentenced under Canada’s Criminal Code was given in 1962 to two convicted felons charged with first degree murder (Amnesty 2015). After the two were hanged, it brought the total number of people executed in Canada to 710, marking the end of an era (Amnesty, 2015). The death penalty has been a fiercely debated topic spanning even before 1867, Canada’s establishment. Notably however, Canada’s Prime Ministers have long opposed the death penalty starting with John Diefenbaker (Amnesty, 2015). Only the second most recent Prime Minister, Stephen Harper, has
The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my observations to the bail court. What I found is a systemic evidence of a two-tier justice system. In this essay, I will outline the roles of the 'regular players' of the bail court and demonstrate how the current bail process essentially transforms the Canadian Criminal Justice System into a two-tier system where the affluent and powerful are able to receive preferential treatment over the poor.
The sentence for murder appears to be getting less severe as time passes. Crime is rampant and out of control. There must be a system to prevent these people from committing such grievous acts (Balanced Politics). Time spent in jail often is a means of stopping a few; but much more is needed in order to prevent recidivism. In some court cases a wide range of punishments that would cut the rate of crime should be available to prosecutors and judges (Balanced Politics). A judge could sentence a person to life in prison; but the criminal justice system may set this very same person free after ten or fifteen years in prison. Why must we put our trust in a judicial system that will let these vicious offenders out in society after ten or fifteen years in prison (Death Penalty). The judge may impose a life sent...
The symbol of the Canadian judicial system is the balanced scales of justice. When a wrongful act is committed, the scales of justice are greatly misplaced and require a solution to counterbalance the crime and restore balance. Additionally, the scales represent the idea that law should be viewed objectively and the determination of innocence should be made without bias. The Canadian criminal justice system encapsulates the idea of the scale of justice, to control crime and impose penalties on those who violate the law. One of the most important aspects of this system is that an individual charged with a criminal offence is presumed innocent until proven guilty beyond a reasonable doubt. The current system has two prevailing methods involved in the process of dealing with crime: Retributive and restorative justice. This paper will analyze aspects of retributive justice and restorative justice, with reference to their respective philosophies, for the purpose of finding which is more effective at achieving justice and maintaining balance.
In every society around the world, the law affects everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities. Within the legal system, there is the Canadian criminal justice system, which is meant to guarantee the safety of citizens within the country and is used to sustain social control and deliver justice for a society.
If a person is so uncompassionate about human life and does not care what happens, is sick enough to harm someone else, they should also pay the price of their lives. Violent criminals will always exist in society and the death penalty will only decrease these numbers gradually, however every violent criminal that does not exist in society makes society a safer place. Placing these criminals in prison with a life sentence does not deter them from committing another crime. This just enables them to plan, plot and proceed with the next murder, escape or worse. The majority of people that commit heinous crimes that call for the death penalty cannot be reformed....
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
People have to respect humanity and restrain from violence by renouncing the death penalty. Murders get a personal desert by having a lifetime in prison instead of the death penalty, because they are still getting what they deserve. They may not be dead but how much better could their life get in prison? There are also various motives for why people kill someone. It could be on accident, out of self-defense, out of mental instability, or pure revenge. You can’t give the death penalty to all of these people because their intensions were all different. The mentally unstable person should not be sentenced to death because it is possible that he or she was completely unaware of their actions and should be admitted into an institution. They will be punished in other ways and society will still get justice from it. Killing out of self-defense is never questioned for the death penalty, yet the outcome is still the same; a person is dead. The murderers who do it out of pure revenge are always getting the death penalty, because people can’t see any other reason to justify their act and think death is the only answer. These three examples prove that there are too many
In my opinion, common sense tells me that the death penalty is going to deter individuals in society from committing murder. The fear of death alone will deter me from committing murder. Punishments such as life sentences are less feared by criminals facing those charges. How many murderers ask for the death penalty versus life in prison? Hardly any person would ask for something of that nature. The death penalty deters individuals from committing murder and it protects citizens from future
"Common sense, lately bolstered by statistics, tells us that the death penalty will deter murder... People fear nothing more than death. Therefore, nothing will deter a criminal more than the fear of death... life in prison is less feared. Murderers clearly prefer it to execution -- otherwise, they would not try to be sentenced to life in prison instead of death... Therefore, a life sent...
Criminals are often released for good behavior or time severed in order to make room for more criminals. In fact, within three years after release, about two-thirds (67.8 percent) of released prisoners were rearrested. Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested. Of those prisoners who were rearrested, more than half (56.7 percent) were arrested by the end of the first year (“National”). At this point, imagine it that your daughter, son, sister, brother, parent, any one you’re close to, was viciously murdered. Imagine the perpetrators was sentenced to life but got out after three years for their ‘good behavior’, when they could have gotten the death penalty. Now they could be back on the streets about to commit the same crime to another family, who will suffer from their actions. With the death penalty being used for severe crimes such as murder, rape, child abuse, manslaughter, arson, terrorism, domestic violence, gang violence, kidnapping, assault and battery it could lessen the criminals in the prisons. No doubt, using the death penalty will also help cut down costs on keeping the corrupt criminals in
. The death penalty is a punishment that can be used in cases of extreme offence such as: murder, terrorism, drug trafficking, and aggravated kidnapping. Reasons for the death penalty are simply to eliminate the offender so that he or she does not have the opportunity to offend the law again. By using the death penalty criminals don 't have the opportunity to go into a prison system where they can harm or injure other inmates or guards in that facility (Death Penalty). Statistics show that violent crime offenders are rarely capable of true change and therefore have a greater tendency to repeat and less tendency to reform. Therefore risks should not be taken when there is a possibility for the offender to continue in their ways and potentially take the lives of a growing amount of people or contribute negatively to