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StreetScooby

What is the Canadian legal system smoking?

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From the NYTimes today

Canada Judge: Man Not Responsible for Beheading

http://www.nytimes.com/aponline/2009/03/05/world/AP-Canada-Bus-Beheading.html

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He will be institutionalized without a criminal record and will be reassessed every year by a mental health review board to determine if he is fit for release into the community.



:o:o:o
We are all engines of karma

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From the NYTimes today
Canada Judge: Man Not Responsible for Beheading



There is no death penalty, and no life sentence without parole, in Canada. But someone found not guilty by reason of insanity can theoretically be incarcerated for the rest of their life if they are not deemed to have been 'cured'.

Sometimes the reason for accepting such a plea, at least in Canada, is that it can be a way around the law that otherwise would require even the most grisly killers to be released after 25 years.
"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

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From the NYTimes today
Canada Judge: Man Not Responsible for Beheading



There is no death penalty, and no life sentence without parole, in Canada. But someone found not guilty by reason of insanity can theoretically be incarcerated for the rest of their life if they are not deemed to have been 'cured'.

Sometimes the reason for accepting such a plea, at least in Canada, is that it can be a way around the law that otherwise would require even the most grisly killers to be released after 25 years.


In cases like this it is not even a matter of a plea. The judge orders psychological assessment before plea is entered.
It is common misconception that life without parole for 25 years means parole is automatic after 25 years. It is life with no possibility for parole for 25 years. Generally a life 25 sentence (as opposed to life 20, the minimum for murder 1) is a cue from the judge to the parole board to never let this guy out.

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So I take it that you don't believe in mental illness? Or, you don't believe that someone has to be able to form the intent to commit an act they know is wrong, to be found criminally liable for a crime? There are people out there who are so delusional they really have no idea what they are doing. It sucks that their are such people around, but it's an inevitable side product of 1) our refusal, as a society, to provide the resources to get them treatment before they cause harm, and 2) our (I think proper) reluctance to involuntarily commit people to mental institutions, until it is certain that they pose a danger to themselves or others. What would you have done with them, as an alternative to locking them up in a mental hospital?

Don
_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

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It's Canada.

You don't live here.

You don't work here.

You don't pay taxes here.

You don't vote here.

You didn't study Law here.

God knows, you don't support charities here.

As a person who willingly does all of the above, I respectfully suggest you kindly keep your opinion about our Legal & Parliamentary systems to yourself.

Or would you rather that every foreign subscriber to this site point out you how the fuck your "freedom loving" political, judicial, and military systems have screwed up repeatedly?

John

Do I like the verdict? Not necessarily. But it makes a shit-load of sense in OUR system which I don't expect Americans (or unschooled Canadians for that matter) to understand.

And no, I will not get into a DeeZeeDotCom debate about it.

If this gentleman responds, Andrew, I leave it you.

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My apologies Bill,

This gentleman dissed my country and my judicial system. I consider THAT a personal attack. I did use a phrase to address him that you decreed inflammatory. I have edited it to call him a gentleman.

Does that suffice?

John

Guess it's not really a Speaker's Corner after all. (Y'all might want to check a real Speaker's Corner in London, UK the next time you're there.)

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As far as this case is concerned as long as this man remains locked up in some institution for the rest of his life, I do not care if he was labeled "Not Criminally Responsible". But you know in a couple of years some politically correct wussy chimp social worker is going to tell some bleeding heart judge to release this man into society and the judge will think nothing about the violent way a young man's life was cut short with his head severed, internal organs gutted and cannibalized. After all it's the Canadian way.

Only in Canada can you blow up an airplane killing 300+ people and still be allowed to walk free in society. Also, only in Canada can you have a political party which brainwashes their lemmings into thinking a database will solve all gun crimes, yet this same political party tries to water down crime laws to ensure people who commit armed robbery (yes this includes robberies with their guns), arson and auto theft should not serve a single day in prison and instead should serve their time at home under house arrest.

Criminals of the world, come to Canada ... we will do everything in our power to ensure you can commit any sort of crime you want and we will still allow you to walk free in society not worrying for a second about what you have done because in Canada we believe there are no criminals only victims of the world.

Only in Canada. :P



Try not to worry about the things you have no control over

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What a pile of shit.
First of all a social worker will never have the ability to release this man. That decision will be based upon evidence from Psychiatrists. If he were sentenced to prison, then decisions could be made by untrained parole board members. You may wish to punish the insane for their diseases, but fortunately for the rest of us your view on justice (vengeance) do not hold sway.
All you ever do on here is complain about what a shitty country this is. If you really hate it why did you come home? Oh that's right, the Americans wouldn't have you.

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Too bad you neglected to read the first part of my post:

As far as this case is concerned as long as this man remains locked up in some institution for the rest of his life, I do not care if he was labeled "Not Criminally Responsible".

As far as your other comments ... whatever ... I still say there is only one country in the world where you can blow up an airplane killing 300+ people and still be free to walk in society going about your business.

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All you ever do on here is complain about what a shitty country this is.



LOL ... I hardly ever visit DZ.COM + SC these days and well I guess I now remember why wasting time on SC here is not worth the effort.


Try not to worry about the things you have no control over

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As far as your other comments ... whatever ... I still say there is only one country in the world where you can blow up an airplane killing 300+ people and still be free to walk in society going about your business.


The guy was acquitted. You think we are the only country where the bad guy wins in court? Ever heard of OJ?

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The guy was acquitted



No he wasn't. He was convicted.

They just granted him parole a year or so ago.


Have fun, I'm out of here. I have better things to do. :)

He was convicted of another crime. He was a crown witness at the Air India trial, which is why he got paroled.

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