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The Canadian criminal justice system
Bring back the death penalty in canada essay
The Canadian criminal justice system
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Steven Truscott, age 14, was sentenced to the death penalty for a schoolmate’s murder, providing little to no evidence then, and still 48 years later. In 1959 Truscott was known and referred to as Canada’s youngest death-row inmate following a short 15-day trial contributing no substantial evidence against him. The evidence that was used to convict Truscott was the forensic evidence given by John Penista, which was later on proven incorrect. Many witnesses came out on what happened the night of Lynn Harpers death but none of these testimonies were included in the original police report.
One of the major issues that were part of this case was the lack of effort put into finding out what the exact details about what happened the day Harper
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For a young boy to be thrown into prison blows my mind, not only was the evidence against him not nearly enough to even bring him to trial, but the evidence to be so little and not 100% shows how undetermined the criminal justice system is. In Truscott’s case, there was such a rush to pinpoint who the murderer was. Although such an extreme act was committed, there should have been a lot more things done in favor of proving Truscott’s innocence as opposed to appointing the first suspect guilty. The justice system in this case was fully against a young boy and didn’t give him a chance to be innocent. Not taking into account other suspects such as previous rapist and sex offenders and not listening to key witnesses shows how little the police cared for this child to be proven innocent. Police being a team of people who are supposed to make the general public feel safe, showed a lack of sympathy for Truscott or else his case would have been dealt differently. The justice system is shown as corrupt in this situation because through new research and witnesses coming to the court on what happened the day Harper died, Truscott was still not released from prison until 48 years later. Willingly taking LSD and truth serums to prove his innocence all did not work in his favor. Truscott was sentenced to death, becoming Canadas youngest death-row inmate, his case being very popular even in the time when it took place the popularity did not help out either. The fact that Truscott’s case contributed to Canada abolishing the death penalty shows how incorrect the criminal justice system is at times. My opinion on this case as a whole is that there are defiantly many flaws in the system, this should not be a common thing when it is dealing with a person’s life. Sentencing Truscott for 48 years and been proven innocent after isn’t
The smell of death and decay, emanated inside the trunk of a Pontiac Sunfire. A missing child; only to be reported 31 days after she went missing, found dead in a forest close to her home. And a mother who was accused of murder, who got off with no charges, even with evidence stacking against her. This all started with one 9-1-1 phone call from a concerned grandmother who has not seen her grandchild in a month. Casey Anthony was the main headline in all the newspapers, cable television, and social media. Over more than 140 million people sat and watched as the trial played on, and a verdict was reached. This case was the largest and most polarizing case that America has ever seen.
This illustrates the refusal of the rights of victims and the inevitable denial of justice for society. The coronial inquest that was conducted in 2011, corrected some of the initial issues with the investigation. Before the inquest, vital DNA evidence was disposed of, as a result of human error, which meant that the likely suspect could not be identified. As a result of human error the inquest provided some form of justice for society but due to how late it was conducted the family did not receive justice
The purpose of this report is to provide the courts and judges in the matter of Martin A. case an overview and critical analysis of his case through the evaluation process of Youth Court Action Planning Plan (YCAPP). Before discussing Martin A., it is a good idea to understand the roles and functions of the YCAPP. Over the course of history, the Canadian legal system has always struggled with successfully dealing with youth offenders until the introduction of youth criminal justice act in 2003. Youth criminal justice act has reduced the number of cases, charges, and convictions against the youth hence resulting in a much more efficient way to deal with youth crime across the country (Department of justice, 2017). A vital component
Jennifer Thompson-Cannino was raped at knife point in her apartment. She was able to escape and identify Ronald Cotton as her attacker. The detective conducting the lineup told Jennifer that she had done great, confirming to her that she had chosen the right suspect. Eleven years later, DNA evidence proved that the man Jennifer Identified, Ronald Cotton was innocent and wrongfully convicted. Instead, Bobby Poole was the real perpetrator. Sadly, there are many other cases of erroneous convictions. Picking cotton is a must read for anybody because it educates readers about shortcomings of eyewitness identification, the police investigative process and the court system.
``In criminal law, confession evidence is a prosecutor’s most potent weapon’’ (Kassin, 1997)—“the ‘queen of proofs’ in the law” (Brooks, 2000). Regardless of when in the legal process they occur, statements of confession often provide the most incriminating form of evidence and have been shown to significantly increase the rate of conviction. Legal scholars even argue that a defendant’s confession may be the sole piece of evidence considered during a trial and often guides jurors’ perception of the case (McCormick, 1972). The admission of a false confession can be the deciding point between a suspect’s freedom and their death sentence. To this end, research and analysis of the false confessions-filled Norfolk Four case reveals the drastic and controversial measures that the prosecuting team will take to provoke a confession, be it true or false.
In America we believe in the saying “you are innocent until proven guilty” but we the people are remarkably swift to point our fingers at someone we believe that committed the crime. This habit is frequently displayed within our criminal justice system when a crime is committed we quickly assume it has something to do with the first person we can link the crime to. We tend to naturally feel sympathy for the victim therefore; if the individual accuses one for a crime the jury has no reason not to believe the victim. Society does not bother to care if the individual did not do the crime because as long as someone was caught and accused of the wrongdoing, then we the people can proceed on with our lives knowing we punished someone for the crime
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.
Wrongful conviction is an issue that has plagued the Canadian Justice System since it came to be. It is an issue that is hard to sort out between horrific crimes and society’s desire to find truth and justice. Incidences of wrongful conviction hit close to home right here in Saskatchewan as well as across the entire nation. Experts claim “each miscarriage of justice, however, deals a blow to society’s confidence in the legal justice system” (Schmalleger, Volk, 2014, 131). Professionals in the criminal justice field such as police, forensic analyst, and prosecutors must all be held accountable for their implications in wrongful convictions. There are several reasons for wrongful convictions such as racial bias, false confessions, jailhouse informants, eyewitness error, erroneous forensic science, inappropriate, professional and institutional misconduct and scientific limitations that society possessed prior to the technological revolution (Roberts, Grossman, 2012, 253 – 259). The introduction of more advanced DNA analysis has been able to clear names and prevent these incidences from occurring as often. As well as the formation of foundations such as The Association of Defense for the Wrongly Convicted (AIDWYC). Unfortunately, mistakes made in the Canadian Justice System have serious life altering repercussions for everyone that is involved. Both systematic and personal issues arise that require deeper and more intense analysis.
There are many ways to decide what makes a man guilty. In an ethical sense, there is more to guilt than just committing the crime. In Charles Brockden Browns’ Wieland, the reader is presented with a moral dilemma: is Theodore Wieland guilty of murdering his wife and children, even though he claims that the command came from God, or is Carwin guilty because of his history of using persuasive voices, even though his role in the Wieland family’s murder is questionable? To answer these questions, one must consider what determines guilt, such as responsibility, motives, consequences, and the act itself. No matter which view is taken on what determines a man’s guilt, it can be concluded that Wieland bears the fault in the murder of Catharine Wieland and her children.
On June 9, 1959, 12-year-old Lynne Harper was raped and murder, her remains found two days later, near Clinton, Ontario. 8 In September 1959, Steven Truscott was convicted for all crimes committed against Harper. Truscott was only 14 at the time and was initially supposed to be a death row inmate, with the sentence later reduced to life in prison. This is important, because 48 years later in 2007, he was exonerated of all charges. This case shed light on the problems of the criminal justice system, as the conviction of Steven Truscott was a miscarriage of justice brought upon by police tunnel vision and suppression of evidence.
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.
What happened to children and famalies involved is very unfortunate. Justice was not served in this case due to the lack of punishment served to those that were accountable for this crime. Once this case was active it opened the eyes to the public and similar cases were discovered around the world. after the case was over society discovered secret tunnels under the school after the case was over where most of the rituals took place. The McMartin Preschool trial is one that should not go unforgotten. What happened to children and famalies involved is very unfortunate. Words to describe the McMartin Preschool Trial would be cruel, traumatic, and life changing, because no family should ever have to go through what the familes of the children attending McMartin Preschool had to go
This event has been thoroughly dissected by a whole herd of politicians and pundits over a period of some months. But they have, unfortunately, failed to reach the heart of the matter.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
In Corsicana, Texas Cameron Willingham and his family’s home was burned down the twenty-third of December is 1991. According to the report Cameron was asleep when the fire started and survived the accident with only a few injuries, as for his children they were not so lucky, they lost their lives to the tragic accident. At the time of the accident Cameron’s wife was buying presents for their children for Christmas. According to a witness and her Daughter Diane and Buffie from a few houses down went outside and saw Cameron screaming, “My babies are burning up!” Diane and Cameron tried countless attempts to rescue the girls from their room until the fire department could get there. According to the New Yorker “The house, in short, had been deliberately transformed onto a death trap.” According to the reports on December twenty-fourth and twenty-seventh of 1991 the fire was declared arson and they later decided to conduct a criminal investigation. Cameron was questioned by the investigators on December 31st and was then later arrested on January 8th of 1992 for the death his three daughters.