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. The aspect of wrongful conviction is established within law to protect the innocent from being abused by the law. Nevertheless, the real issue of concern is the fact of whether wrongful conviction actually helps those who cannot help themselves. With that said, another important underlying factor is whether the criminal justice system has restrictions set up to help those from being innocently convicted and those who have been convicted and later was found to be innocent. By looking at the case of Guy Paul Morin, one will see how the police, courts, and criminal justice system failed in aiding the innocent and bringing justice in society, as well as showing that the system has failed in helping its people, and what must be done to aid those who have been wrongfully convicted. On July 30, 1992, an innocent man was placed behind bars and caged for a crime he did not commit. This false arrest allowed for the real perpetrator to walk free whi... ... middle of paper ... ...nadian Criminal Justice System (Second Edition ed., pp. 47-73). Canada: pearson prentice hall. Garrett, B. L. (n.d.). The Substance of False Confessions. Criminal Justice Collection. Retrieved November 23, 2010, from find.galegroup.com.uproxy.library.dc-uoit.ca/gtx/retrieve.do?contentSet=IAC-Documents&resultListType=RESULT_LIST&qrySerId=Locale%28en%2C%2C%29%3AFQE%3D%28su%2CNone%2C28%29%22Wrongful+Convictions+%28Law%29%22%3AAnd%3ALQE%3D%28RE%2CNone%2C3%29ref%24&sgHitCo King, Jack. "The Ordeal of Guy Paul Morin: Canada Copes With Systemic Injustice." National Association of Criminal Defense Lawyers (NACDL) . N.p., n.d. Web. 7 Dec. 2010. . Maidment, M. (2009). When justice is a game: Unravelling wrongful convictions in Canada. Canada: Fernwood Publishing. R. v. Morin, [1995] (CanLII)
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
Convicted for the murders of his wife and two kids, thirty-four years ago, Dr. MacDonald still endures the agony of being accused of killing his family. Even after twenty-four years of imprisonment and several unlawful court hearings, additional documentation continues to up hold Dr. MacDonald’s testimony.
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.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
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 ...
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
Canada is a country where rehabilitation has been a formal part of sentencing and correctional policies for an extended period of time (Andrews & Bonta, 2010). Furthermore, a group of Canadian researchers have examined the methodology and effectiveness of rehabilitation, and are principal figures in the correctional rehabilitation field (Cullen & Gendreau, 2000). However, despite rehabilitation being a central aspect of Canadian identity, there has been a shift in the justice system’s objectives. The rise of the Conservative government and their omnibus bill C-10, Safe Streets and Communities Act, has created a move towards retribution. Bill C-10 was passed on March 12, 2012 (Government of Canada, 2013) and was a proposal to make fundamental changes to almost every component of Canada’s criminal justice system. Law changes included new and increased mandatory minimum sentencin...
Depending on what study is read, the incidence of false confession is less than 35 per year, up to 600 per year. That is a significant variance in range, but no matter how it is evaluated or what numbers are calculated, the fact remains that false confessions are a reality. Why would an innocent person confess to a crime that she did not commit? Are personal factors, such as age, education, and mental state, the primary reason for a suspect to confess? Are law enforcement officers and their interrogation techniques to blame for eliciting false confessions? Regardless of the stimuli that lead to false confessions, society and the justice system need to find a solution to prevent the subsequent aftermath.
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.
Hulbert, M. A. (2011). Pursuing justice: An introduction to justice studies. Black Point, Nova Scotia: Fernwood Publishing.
The main causes that contributed to the miscarriages of justice were perjury or false accusations from jailhouse informants, and prosecutorial misconduct.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
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
The statement "It is better that 10 guilty persons escape than that one innocent suffer" summarises and highlights the mistakes and injustices in the criminal justice system. In a just society, the innocent would never be charged, nor convicted, and the guilty would always be caught and punished. Unfortunately, it seems this would be impossible to achieve due to the society in which we live. Therefore, miscarriages of justice occur in the criminal justice system more frequently than is publicised or known to the public at large. They are routine and would have to be considered as a serious problem in our society. The law is what most people respect and abide by, if society cannot trust the law that governs them, then there will be serious consequences including the possible breakdown of that society. In order to have a fair and just society, miscarriages of justice must not only become exceptional but ideally cease to occur altogether.
Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.