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Lecture 2

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Carleton University
LAWS 3306
Christopher Mc Naught

Lecture 2 end of life issues What.the.f. - 9/11 terrorist trials haven’t been going, but only months after Nuremberg, trials were up and running - When politicians repeat things, it makes us blind. Makes us stupid. - Bill C-10 (omnibus crime bill) - Get tough on crime agenda. We are doing it, so deal with it. - Jeffrey Simpson “We’re not governing on the basis of the latest statistics. We are governing on the basis of what’s right to better protect the victims and law abiding Canadians” - Tees: “Oh look! The crime rate is down 6%!” “shows that the tough on crime is working” • Tough on crime bill didn’t go through until 2012, so the tough on crime bill didn’t do anything.... - Repetition lets politicians get away with criminal law reform - Mandatory minimums • The judges, as if they are disjointed, have been too activist (not imposing the tough sentences conservatives wanted) • So mandatory minimums take away the ability of the judges to give less or even nothing • Sketchy - In 2008, the severity of crime fell 5%, just as usual patterns occur Stuffity stuff stuff - The government is preying on this general pervasive paranoia, a fear power tool, in order to impose its own ideology in criminal law “reform” - Criminals are dumb. Don’t pay attention to past sentences or mandatory minimum. Don’t read law books, recent cases, or legislation before they do something. Never think they will get caught. They say “I didn’t think about the sentence. I was thinking how I wouldn’t get caught/how not to get caught” - Jeremy Bentham it’s the certainty of punishment, not the severity of punishment that really matters. That’s what deters, if anything. - Justice Felix Frankford (American judge) there’s a new type of disease that would seem to have developed. It might be called “legal psychic neurosis/hysteria”. Means the belief in the existence of something that has no such existence • There is no crime wave. No pressing need for more prisons, or mandatory minimum sentences - There is no such thing as an unlawful enemy combatant - The paranoia around the War on Terrorism has allowed us to create an entity that really doesn’t exist. The War on Terrorism is really just metaphorical. Ousting of charter law and principles. - In Canada, we hastened through theAnti-terrorismAct, and then subsequent political upheavals pushes to have the need for preventive detention, if we apprehend someone who may be dangerous to our security • No criminal charge, but we are really, really uneasy, so we can detain them, or compel them to testify - Juvenile delinquent act young offenders act  youth criminal justice act (now) (saying like “youths are criminals and this is the justice act that takes care of the little buggers.” Also “the more there are behind bars, the safer we’ll be” • It’s now more retributive. Not worried about preven
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