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Here are a few facts about this case that need to be considered.
The charge was not murder. It was a lesser charge called manslaughter , which upon conviction brings a sentence with a minimum of 4 years, and a maximum of 10 years. The accused was facing a huge physical evidence case, starting with the belt used to strangle the victim and her DNA and that of the victim on the leather belt.
Her choice to plead guilty and agree to a statement of facts/ guilt, resulted a short trial and no need for the victim's family to have to testify.
In Canadian criminal law, there are guidelines for sentencing upon conviction, which the sentencing Judge can consider. The Crown attorney, and the defence attorney may make submissions to the court, arguing for a sentence that they feel is appropriate with consideration of the facts heard in evidence. In a typical sentencing the Crown will argue for a higher sentence than one that the defence may put forward. The final decision is made by the presiding Judge ) .
By the way, in Canada Judges are not elected, they are appointed by either the Provincial or the Federal Government, depending on what level of court they will sit in. Crown Attorneys are also not elected, they are appointed as well.
In Canada, a person may apply for a official pardon, after they have served their entire sentence and any period of parole or probation, AND have been of good behaviour for a further period of five years. The granting of an official pardon in Canada, means that the person's criminal record is sealed, and only a Police Service that is conducting a current investigation can apply to have the record re-opened.
A person that has been granted a Pardon in Canada, can legally say that they have NO criminal record. This Act of Parliament applies to any conviction under the Canadian Criminal Code. It takes about a year for an application for a Pardon to be granted, with a fee of $900.
So yes, our sentencing laws are different than in the US, and we offer convicted persons a hope of going straight with a closed criminal record.
A final point. Canada abolished capital punishment in 1963 . A life conviction is for a minimum of 25 years, before the person has the ability to apply for the possibility of parole. Applying for parole does NOT equal being granted parole.
A recent murder case where 3 people were killed by one man in New Brunswick resulted in 3 sentences of 25 years, for a total of 75 years in maximum security. He will die in jail.
XXX.
ok.
but with all that said, i feel she should have gotten more than 7 years.
Here are a few facts about this case that need to be considered.
The charge was not murder. It was a lesser charge called manslaughter , which upon conviction brings a sentence with a minimum of 4 years, and a maximum of 10 years. The accused was facing a huge physical evidence case, starting with the belt used to strangle the victim and her DNA and that of the victim on the leather belt.
Her choice to plead guilty and agree to a statement of facts/ guilt, resulted a short trial and no need for the victim's family to have to testify.
In Canadian criminal law, there are guidelines for sentencing upon conviction, which the sentencing Judge can consider. The Crown attorney, and the defence attorney may make submissions to the court, arguing for a sentence that they feel is appropriate with consideration of the facts heard in evidence. In a typical sentencing the Crown will argue for a higher sentence than one that the defence may put forward. The final decision is made by the presiding Judge ) .
By the way, in Canada Judges are not elected, they are appointed by either the Provincial or the Federal Government, depending on what level of court they will sit in. Crown Attorneys are also not elected, they are appointed as well.
In Canada, a person may apply for a official pardon, after they have served their entire sentence and any period of parole or probation, AND have been of good behaviour for a further period of five years. The granting of an official pardon in Canada, means that the person's criminal record is sealed, and only a Police Service that is conducting a current investigation can apply to have the record re-opened.
A person that has been granted a Pardon in Canada, can legally say that they have NO criminal record. This Act of Parliament applies to any conviction under the Canadian Criminal Code. It takes about a year for an application for a Pardon to be granted, with a fee of $900.
So yes, our sentencing laws are different than in the US, and we offer convicted persons a hope of going straight with a closed criminal record.
A final point. Canada abolished capital punishment in 1963 . A life conviction is for a minimum of 25 years, before the person has the ability to apply for the possibility of parole. Applying for parole does NOT equal being granted parole.
A recent murder case where 3 people were killed by one man in New Brunswick resulted in 3 sentences of 25 years, for a total of 75 years in maximum security. He will die in jail.
XXX.
You are lucky. Your taxes are paying for 80% less prisoners, and you have a generally lower crime rate then the US has. Unfortunately Americans don't understand what a financial drain it is on our country to have such a large number of citizens in prison. Not only does it cost a lot of money to house that many prisoners, but it removeds a lot of them from the taxpayer rolls. Americans won't pay $50,000 for some kids college education to help him become a productive member of society. But if he goes out and commits a crime, they are really, really, really happy to pay him $50,000 a year in room and board. Then when he gets out, they will give him a criminal record, to make sure that he will never get a good job again, so he won't have much choice except to commit another crime and go back to prison. It just doesn't seem to registrar to Americans how self defeating this system is.
That said, the Canadian system does seem slightly weak. A seven years sentence for a crime like this is a bit low. That pardon for everyone is a great idea, but in just five years? Five years is not a lot of time to prove the person has gone straight. Ten years might be a better idea. But it's still better the the overkill on sentences in the US. 25 years is generally a long enough sentence for most serious crimes.
Last edited by Cloudy Dayz; 01-20-2018 at 06:18 AM..
The American sentencing system is founded on the fundamentalist idea of eternal punishment, with no hope offered to the convicted person, to change their behavior. I agree with your observation about the difference between funding University tuition, versus funding prisons.
About sentencing in criminal cases in Canada. The Judges are subject to judicial review by their peers, and that makes for a fairly level playing field, re sentencing. Summary conviction cases are heard by a Judge alone, while the more serious indictable offences are heard by a Judge and jury.
Unlike in the USA, in Canada jurors are NEVER allowed to discuss the deliberations that took place in the jury room with ANYONE. That includes media. Breaking that part of the Criminal Code brings a 5 year prison sentence, upon conviction. And it is enforced.
About pardons. The application has to be submitted 5 years AFTER all of the sentence, including any periods of parole or probation have been completed. . That is a part of the plan to allow the offender to rebuild their life, post release.
Last edited by toosie; 01-20-2018 at 06:58 AM..
Reason: No signatures please - TOS
The American sentencing system is founded on the fundamentalist idea of eternal punishment, with no hope offered to the convicted person, to change their behavior. I agree with your observation about the difference between funding University tuition, versus funding prisons.
.
I'm not sure that is the problem. Because 50 years ago the criminal justice system in the US was similar, to what it is in Canada today. I think sentences in the US and Canada were pretty comparable at that time. When I was growing up I heard the phrase: "pay your debt to society" a lot. When you pay your debt to society by spending time in prison, your punishment is complete. But that doesn't seem to be the case anymore.
I think the problem is that Americans see a problem: crime. They see a solution: tougher sentences. So they pass new laws to make sentences tougher. When that doesn't stop the crime problem, they repeat, and repeat, and repeat, until we get some of the ridiculous sentences we see today, and a large percentage of Americans are locked up.
Unfortunately tougher sentences are just not the solution. Because when someone is ready to bash another person over the head with a hammer, they are not going to stop to think about how many years they will get for it.
You are lucky. Your taxes are paying for 80% less prisoners, and you have a generally lower crime rate then the US has. Unfortunately Americans don't understand what a financial drain it is on our country to have such a large number of citizens in prison. Not only does it cost a lot of money to house that many prisoners, but it removeds a lot of them from the taxpayer rolls. Americans won't pay $50,000 for some kids college education to help him become a productive member of society. But if he goes out and commits a crime, they are really, really, really happy to pay him $50,000 a year in room and board. Then when he gets out, they will give him a criminal record, to make sure that he will never get a good job again, so he won't have much choice except to commit another crime and go back to prison. It just doesn't seem to registrar to Americans how self defeating this system is.
That said, the Canadian system does seem slightly weak. A seven years sentence for a crime like this is a bit low. That pardon for everyone is a great idea, but in just five years? Five years is not a lot of time to prove the person has gone straight. Ten years might be a better idea. But it's still better the the overkill on sentences in the US. 25 years is generally a long enough sentence for most serious crimes.
Another factor is that going to prison is like going to crime college. Instead of putting criminals into an environment where they can be potentially rehabilitated, we put them in a place where they learn how to become even better criminals.
The fallacy that people go to prison and it scares them enough to never commit a crime again is just that, a fallacy.
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It just doesn't seem to registrar to Americans how self defeating this system is.
